ABSTRACT:
The global proliferation of new tobacco and nicotine products (NTNPs) poses a significant challenge to the effectiveness of national public health laws. Kenya and Poland regulate tobacco products through statutory frameworks (Kenya since 2007, Poland since 1995). Both countries are signatories to the WHO Framework Convention on Tobacco Control (FCTC), and Poland is additionally obliged to implement tobacco control directives as a member of the European Union. This study aims to compare the responsiveness of legislation on NTNPs in Poland and Kenya. A comparative analysis of NTNPs legislation and its implementation timeline in both countries was conducted. Poland has regulated NTNPs since 2016 under the European Union Tobacco Products Directive (2014/40/EU), which sets minimum legislative standards. At the statutory level, Poland enforces regulations on age restrictions for sales, advertising, and promotion of e-cigarettes and heated tobacco products. However, synthetic nicotine, nicotine pouches, and flavorings in NTNPs remain unregulated, reflecting gaps in implementation and a lack of political will to proactively address market changes. In contrast, Kenya’s incremental FCTC-based approach resulted in a largely unregulated NTNPs market, compounded by aggressive industry interference. This situation prompted a dramatic, reactive policy shift in 2025, leading to comprehensive and up-to-date tobacco control regulations covering heated tobacco products, e-cigarettes, nicotine pouches, and synthetic nicotine. Both Poland and Kenya face similar challenges in maintaining current NTNPs regulations. While international obligations, such as EU membership, influence regulatory effectiveness, they do not eliminate the need for proactive national action. Kenya’s strong legislative response in 2025 demonstrates the importance of decisive national efforts to address the rapidly evolving NTNPs market.