Poland updates regulations for pharmacy advertising and dietary supplements

Poland is undergoing legislative changes regarding the regulation of dietary supplements and pharmacy advertising. Following a ruling by the Court of Justice of the European Union (CJEU) that found the general ban on pharmacy advertising contrary to EU law, the government is drafting amendments to the Pharmaceutical Law. These changes aim to replace the total ban with specific restrictions, such as prohibiting misleading advertisements, targeting minors, or offering purchase incentives. While maximum fines for violations may increase from 50,000 PLN to 100,000 PLN, authorities warn of a regulatory gap until the new laws are fully implemented.

Separately, the Ministry of Health has withdrawn a proposal to drastically increase financial penalties for violations related to dietary supplements and fortified foods. The original draft of the food safety and nutrition amendment (UD247) sought to more than triple maximum fines and extend liability to advertising and promotional activities. This move follows significant pushback from industry organizations and experts citing economic, constitutional, and EU-related concerns.