COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
1.10 Taste and Cultural Concerns Regarding cultural concerns that advertisers should keep in mind, advertising should contribute to the improvement of society, the economy and the envi - ronment, while still fulfilling its main commercial objec - tive. Advertising must provide positive messages; it must not discriminate or encourage violence, illegal acts or anti-social behaviour. The obligation of non-discrimination by suppliers, producers, advertisers, consumer associations and media sectors arises from Law 1257 of 2008, which establishes that “civil society organizations, associa - tions, companies, organized commerce, economic unions and other legal and natural persons have the responsibility of taking an active role in achieving the elimination of violence and discrimination against women” and therefore must “refrain from doing any - thing that involves discrimination against women”. 1.11 Politics, Regulation and Enforcement There are two types of political propaganda. • Political disclosure: This is intended to promote the principles, programmes and achievements of the government, political parties or political move - ments, and can be executed at any time. However, it cannot be directed towards influencing the public to support a certain candidate or party. • Electoral propaganda: This promotes candidates seeking election and public support. An advertisement is considered misleading when: • it lacks objectivity regarding the characteristics of goods or services, such as their availability, nature, execution, composition, uses, quantity, specifi - cations, geographical or commercial origin, the procedure and date of manufacture (or provision of services), the results that can be expected from their use and the results and essential characteris - tics of any tests carried out; • the price and conditions of supply are absent; 2. Advertising Claims 2.1 Deceptive or Misleading Claims
products and their derivatives under Law 2354 of 2024, various implementing regulations were issued. First, the Ministry of Health and Social Protection, through Resolution No 624 of 8 April 2025, adopted the Manual for the Signage of 100% Smoke-Free Environments and Aerosols Emitted by Substitutes and Imitators. This manual applies to the indoor are - as of workplaces and/or public places, such as bars, restaurants, shopping centres, stores, fairs, festivals, parks, stadiums, cafeterias, nightclubs, internet cafés, hotels, trade shows, pubs, casinos, communal are - as and waiting zones where major events are held, including cultural and sports venues. The manual will enter into force in October 2025, where the concept of “100% smoke-free environments” has been expanded to include “...aerosols emitted by sub - stitutes and imitators”, thereby expressly covering electronic cigarettes and vaping devices. The second regulation, Resolution No 30838 of May 2025, was issued by the Superintendence of Industry and Commerce, which regulates the consumer’s right to access information regarding cigarettes, tobacco products, their derivatives and substitutes, and the devices required for their operation. Resolution No 30838 establishes a minimum amount of information that must be provided, including: • instructions for use; • the product’s lifespan; • safety warnings, as well as instructions for storage, preservation and proper use; • clear and precise assembly instructions for devic - es; • clarification regarding any included accessories; • the type of battery required, power specifications, safety recommendations and warnings related to battery use; • instructions for device maintenance; and • the warranty period. This information must be presented clearly, in legible Spanish, on the product’s label, packaging, container or accompanying documentation.
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