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What You Can and Can't Advertise? An Analysis of Regulations and Sensitive Industries

What You Can and Can't Advertise? Analysis of Regulations and Sensitive Industries - Photo 1

What won't you advertise? Know the limitations.

Not every product or service can be promoted equally freely. Some industries operate under complete advertising bans, while others can communicate with the public only under strictly defined conditions.

In addition, advertising platform regulations can be more stringent than the law itself. In this article, we explain what can and cannot be advertised in Poland, and the origins of each restriction – so you can more easily plan a campaign that won't result in an account ban or a fine.

Before we get into the details, one caveat: this text is for informational purposes only and does not replace legal advice . Regulations in this area change frequently, and each campaign in a sensitive industry requires individual review. The legal status is described as of mid-2026.

Two levels of restrictions to keep in mind

Advertising law in Poland isn't consolidated into a single act. Its rules are scattered across more than a dozen acts, from the Act on Combating Unfair Competition, through sectoral regulations on alcohol, medicines, and gambling, to the Consumer Rights Act. This is the first level, generally applicable law, the violation of which carries administrative penalties or criminal liability.

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How to reconcile Polish regulations with the rules of tech giants?

The second level is the terms and conditions of the platforms where you display your ads. Google, Meta, and TikTok have their own policies and enforce them regardless of what Polish law allows. This means that an ad that complies with the law can still be rejected by the system because it violates the platform's internal rules. The opposite can also happen – something that theoretically falls under the terms and conditions is prohibited by national law. Effective campaign planning therefore requires checking both levels simultaneously.

This distinction is the foundation for everything else. Advertising restrictions in Poland are easiest to understand by dividing products and services into three groups: those subject to a full ban, those permitted with conditions, and those restricted primarily by professional ethics or platform policy.

Industries covered by a complete advertising ban

Gambling is the most strictly regulated. According to Article 29 of the Gambling Act of 19 November 2009, advertising and promotion of cylindrical games, card games, dice games, slot machines, and mutual betting are prohibited. The ban is broad – it also covers products and services whose name or graphic designation resembles a gambling brand, so it cannot be circumvented by promoting "only an umbrella brand."

There is one significant exception to this rule. Advertising for mutual betting is permitted, but only for entities authorized by the Minister of Finance and subject to a long list of conditions: the message cannot be directed at minors, it cannot link gambling with physical fitness or success, it cannot suggest that gambling is relaxing or solves financial problems, and it must include a message about the risk of addiction.

Financial consequences of violating regulations

Violation of the ban is punishable by fiscal penalties, pursuant to Article 110a of the Fiscal Penal Code, reaching up to several dozen million zlotys, and the entire chain is liable – from the operator through the agency to the entity providing the advertising space.

The second industry with a full ban is tobacco products. Article 8 of the Act of November 9, 1995, on the Protection of Health against the Consequences of Using Tobacco and Tobacco Products prohibits the advertising and promotion of cigarettes and tobacco, as well as tobacco accessories and products imitating them.

Importantly, the 2025 amendment significantly expanded this ban to include electronic cigarettes, refill containers, and nicotine pouches—including nicotine-free ones. This is a significant change, as previously, some tobacco-like products operated in a legal gray area and were advertised without significant obstacles. Today, the same complete ban applies to them.

The third full ban applies to prescription drugs. Pharmaceutical law only permits advertising of over-the-counter drugs to the public. Advertising of prescription drugs, products containing narcotics, and subsidized drugs may only be directed at professionals – physicians, pharmacists, and individuals authorized to prescribe. Advertising of a drug whose name is identical to the name of a prescription drug is also prohibited. It is also worth noting that since 2012, a complete ban has also been in effect on advertising pharmacies and their activities.

Alcohol – the most common case of conditional advertising

The general rule of the Act of 26 October 1982 on Upbringing in Sobriety and Counteracting Alcoholism states that advertising alcoholic beverages is prohibited. The exception is beer, which is permitted for advertising and promotion, but must meet a number of requirements.

Rules for advertising beer in Poland

They must not be aimed at or depict minors, they must not link drinking with physical fitness, driving, sexual attractiveness, or professional success, and they must not encourage excessive consumption. Time and space restrictions apply: beer advertising on television, radio, cinema, and theater is prohibited between 6:00 a.m. and 8:00 p.m., except during competitive or professional sporting events. Outdoor media must include information about the harmful effects of alcohol on at least 20% of the display area.

Sponsorship is a separate issue. The law allows for disclosure of sponsorship of events by alcohol producers, but under strictly defined rules depending on the alcohol content of the beverage – the higher the alcohol content, the narrower the options.

This is a loophole used by spirits brands, communicating through cultural or sporting events rather than direct advertising. Alcoholic beverages stronger than beer are almost entirely excluded from public advertising, with the majority remaining in private communication, for example, between businesses.

It's worth keeping an eye on changes, as this is one of the most fluid areas of advertising law. Several draft amendments are pending before the Sejm in 2026, some of which propose a complete ban on beer advertising, and even non-alcoholic beer promoted under an alcoholic brand. If any of these amendments come into effect, the beer-related rules described above could significantly change.

Medicines, supplements and other industries under supervision

Over-the-counter (OTC) drugs can be widely advertised, but the message must meet the requirements of pharmaceutical law. Advertising must not be misleading, must present the drug objectively, and must encourage rational use.

It's prohibited to use the images of doctors, pharmacists, or publicly known figures, suggest that a medication will avoid a doctor's visit, or promise a certain effect. Similar rules apply to dietary supplements, with one caveat: a supplement is not a drug, so it's prohibited to attribute medicinal properties to it or suggest that it replaces therapy.

Financial and medical services are also subject to supervision. Advertising for financial products must not mislead about costs or conceal risks, and in the case of investment products, it must clearly communicate these risks.

Regulated professions and the limits of professional ethics

A separate category is that of professions of public trust, where restrictions stem not only from statutes but also from professional codes of ethics. For years, attorneys were subject to a near-total ban on advertising. These rules have been relaxed, but a law firm's communications must still remain within the bounds of professional dignity—they must not create unreasonable expectations regarding the outcome of a case, discredit other lawyers, or be intrusive.

Advertising ethics in professions of public trust

Similar rules apply to physicians and other medical professions. This is clearly demonstrated by the example of law firm advertising , where the form of the message itself can determine compliance with the rules. This is an area where common law alone is insufficient. Advertising ethics in Poland for these professions are enforced by professional associations, which can impose their own disciplinary sanctions independently of state authorities.

When the ban is decided by the platform, not the law

Even a product that's legally legal for advertising can be blocked by an advertising platform. Google, Meta, and other systems categorize content into permitted, restricted, and prohibited, with some of these rules stemming from local law and others from internal company policy.

In Poland, you won't see ads for alcoholic beverages in Google Ads, and the promotion of counterfeits, certain financial services, or erotic content is strictly restricted. So before launching a campaign in a sensitive industry, it's worth familiarizing yourself with Google Ads' advertising policy , as it—along with other laws—will determine whether your ad will even launch.

Legal compliance is a necessary condition, but not always sufficient. It's possible to meet all statutory requirements and still not have your ad displayed, as the platform applies its own criteria.

A rule that applies to every advertisement

Regardless of the industry, one overarching rule applies – advertising must not mislead the recipient . This stems from the Act on Combating Unfair Competition and the regulations on counteracting unfair market practices. This means prohibiting empty promises, misleading comparisons with competitors, concealing actual costs, or attributing to a product features that it does not possess.

Labeling advertising content is also important. Sponsored content – ​​including collaborations with influencers – should be clearly marked as an advertisement, so that the recipient understands that they are dealing with a commercial message, not a neutral opinion. This rule is often ignored, and is one of the areas most frequently scrutinized by the Office of Competition and Consumer Protection (UOKiK).

What are the penalties for breaking the regulations?

Sanctions depend on the industry and the specific law. In the case of gambling, we're talking about fiscal penalties and fines reaching up to tens of millions of złoty. Illegal alcohol advertising carries a fine of up to 500,000 złoty.

Violations in drug advertising are investigated by the Chief Pharmaceutical Inspector, who can order the cessation of broadcasts and impose fines. The Office of Competition and Consumer Protection (UOKiK) also oversees the integrity of the message to consumers, and the National Broadcasting Council (KRRiT) oversees advertising in electronic media within a specified scope.

Liability often doesn't end with the advertiser. In many cases, regulations also extend to the advertising agency, media house, and even the influencer publishing the message. For this reason, in sensitive industries, it's worth treating campaign legal review as a standard step, not a mere formality.

The most common question about what can be advertised

The complete ban applies to items such as counterfeits, illegal substances (including narcotics), tobacco products, weapons, ammunition, and explosives. Services that facilitate fraudulent activity (e.g., document forgery, hacking), and content that promotes hatred or discrimination are also prohibited.

Sensitive industries are those sectors (e.g., alcohol, gambling, pharmaceuticals, finance) where advertising is not completely prohibited, but is subject to very strict restrictions. These require compliance with local laws, appropriate targeting (e.g., age), and often special certifications from the platform.

Alcohol advertising is heavily restricted by both platform regulations and local law (e.g., in Poland, the Act on Upbringing in Sobriety). Promotion of spirits is usually prohibited. Beer promotion is sometimes permitted, but it must be directed exclusively at adults and meet strict requirements.

Advertising of prescription drugs by unauthorized entities is prohibited. The sale of over-the-counter (OTC) drugs and dietary supplements is permitted, but often requires advertisers to undergo pharmaceutical certification (e.g., Google) and avoid misleading, unsubstantiated health claims.

Yes, but platforms impose very strict filters on these industries to protect users from fraud. Advertising cryptocurrencies, payday loans, or exchanges requires verification, authorized advertiser status, and appropriate state financial licenses.

Promotion of gambling and betting is only possible in countries where it is legal. This requires an appropriate state license (in Poland, approval from the Ministry of Finance), account certification in the advertising system, and strict targeting of ads exclusively to individuals over 18 years of age.

Minor errors usually result in the rejection of a specific ad. However, for deliberate attempts to bypass systems, promoting illegal products, or blatant violations of terms and conditions, platforms like Google and Facebook may impose a "ban," or permanently suspend the entire advertising account.

Summary

The above article covers the following topics:

  • Distinguishing between two levels of advertising restrictions – general law and the regulations of advertising platforms.
  • Industries covered by a complete advertising ban include gambling, tobacco products including e-cigarettes, and prescription drugs.
  • Products permitted for advertising under certain conditions, such as alcohol, over-the-counter drugs, dietary supplements, and financial and medical services.
  • Restrictions on regulated professions and the role of professional ethics.
  • Situations in which advertising is permitted based on platform policy, not just legal regulations.
  • A universal ban on misleading advertising and the obligation to label advertising content.
  • Penalties for violating the regulations and the scope of liability of the advertiser and the agency.