COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
1.5 Pre-Approvals Certain industries are required to obtain pre-approvals before running advertising campaigns. • Gambling: All gambling activities must be approved in advance by the competent authority. The author - ity depends on the scope of the gambling activ - ity (national or regional). The authorisation for the gambling activity must be displayed on tickets and in advertising. • Contraceptives: Contraceptive medications must adhere to the general advertising rules for medica - tions. • Over-the-counter/non-prescription medication, dietary supplements, certain medical devices advertised only through specialised channels and infant formula: Advertisements must be approved by the Health Authority. • Prescription medications: Advertisements can only target health professionals. • Financial services: Advertisements must comply with the rules set forth in the Organic Statute of the Financial System. • Lotteries: All lottery activities – and advertise - ments thereof – must be approved in advance by the competent authority. The authority depends on the scope of the gambling activity (national or regional). 1.6 Intellectual Property and Publicity Rights Image rights have been developed in Colombia though the jurisprudence of the Constitutional Court but not via any specific law. The rules governing the use of intellectual property or an individual’s name, picture, voice or likeness in advertising have several nuances, but the bottom line is that they are subject to legal protection. Although informative non-commercial use is possible without prior authorisation, all other uses should be authorised a priori in writing by the indi - vidual or their relevant heirs. 1.7 Self-Regulatory Authorities The self-regulatory authorities include professional associations under the National Commission for Self- Regulation Advertisement ( Consejo de Autorregu‑ lación Publicitaria CONARP). CONARP only issues decisions on ethical matters, which are likely to be recommendations as opposed to having legal effect.
1.8 Private Right of Action for Consumers In case of infringement of the Consumer Protec - tion Statute, consumers may bring an action against advertisers before the Superintendence of Industry and Commerce, as follows: • jurisdictional authority – consumers may request compensation for damages, and the authority is entitled to impose monetary and non-monetary sanctions; and • administrative authority – the advertiser may be subject to the sanctions described in 1.2 Enforce- In light of growing concerns regarding electronic cig - arettes, vapes, electronic nicotine delivery systems (ENDS), similar non-nicotine systems (SNNS), heated tobacco products (HTPs) and oral nicotine products (ONPs), regulatory intervention has finally occurred, equating these products with cigarettes, tobacco products and their derivatives. As of 9 May 2025, elec - tronic cigarettes, vapes and similar devices must not: • be marketed to minors or designed specifically to appeal to them; • suggest that smoking contributes to athletic or sporting success, popularity, professional success or sexual success; or • contain false or misleading information, includ - ing terms such as “mild”, “light”, “low tar”, “low nicotine”, “low carbon monoxide” or any similar descriptors. ment and Regulatory Authorities . 1.9 Regulatory and Legal Trends The promotion of electronic cigarettes, vapes and similar devices through billboards, banners, murals, posters, placards or similar media – whether fixed or mobile – is prohibited, as is their promotion through radio, television, cinema, printed media (eg, bulletins, newspapers, magazines) or any other form of mass media. Finally, as with cigarettes, tobacco products and their derivatives, ENDS, SNNS, HTPs and ONPs must include health warnings and images issued by the Ministry of Health. Following the “regulatory equalisation” of ENDS, SNNS, HTPs and ONPs with cigarettes, tobacco
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