COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
1. Legal Framework and Regulatory Bodies 1.1 Primary Laws and Regulation The primary laws and regulations that govern advertis - ing practices in Colombia are as follows. • The Consumer Protection Statute (Law 1480 of 2011): This is the main law governing advertising in Colombia. It introduces guidelines concerning what information must be provided to consumers – and how – in order to avoid misleading advertisements. • Unique Circular No 10 of the Superintendence of Industry and Commerce: This regulates the duties of the Superintendence of Industry and Commerce, including with respect to consumer protection and advertisements. It also sets guidelines regarding the rules to be followed by advertisers. • Unfair Competition Law (Law 256 of 1996): This law may apply to certain behaviours that might be deemed to constitute unfair competition (ie, ambush marketing and misleading comparative advertising). • Self-Regulatory Code on Advertising (2013). • Specific rules related to goods that have an impact on human health (ie, tobacco, medicines, infant formulas and alcoholic beverages). 1.2 Enforcement and Regulatory Authorities The Superintendence of Industry and Commerce is the main authority entitled to enforce the laws and regulations governing advertising practices (specifi - • fines of up to 2,000 times the minimum monthly wage in force at the time of the imposition of the sanction (approximately USD520,000); • temporary closure of the business establishment for up to 180 days (including its website and any forms of internet access to the establishment); • closure of the establishment (including its website and any forms of internet access to the establish - ment) or a final order of removal of the website portal; cally, the Consumer Protection Statute). The remedies available are as follows: • corrective advertising;
• temporary or permanent prohibition of the manu - facture, distribution or sale to the public of certain products; • destruction of a particular product that is detrimen - tal to the health and safety of consumers; and • successive fines of up to 1,000 times the minimum legal monthly wage for failure to comply with the authority’s orders (approximately USD260,000). The Health Authority and the Superintendence of Finance are also entitled to pursue advertising infringements and can order monetary and non-mon - etary sanctions. 1.3 Liability for Deceptive Advertising Suppliers and producers are responsible for any dam - age that arises as a consequence of inadequate or insufficient product information, whereas the adver - tiser is responsible for the damages caused by decep - tive or misleading advertising. The media will be jointly and severally liable only if fraud or gross negligence is proven inasmuch as they knew about the defective/ deficient nature of the product or service. If the adver - tiser does not comply with the conditions laid out in its advertisements, without prejudice to the adminis - trative sanctions that may apply, the advertiser can be held liable for any damage caused to consumers. 1.4 What Is Advertising? All content and forms of disclosure are considered “advertising”, including any reference to the following aspects of a product:
• nature; • origin; • method of manufacture; • components; • uses; • volume; • weight or measurement; • price; • method of use; • properties; • quality; • suitability; • quantity; and
• any other relevant characteristic, as well as any risks that may derive from its consumption or use.
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