COLOMBIA Trends and Developments Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
while in others equivocal language was employed (“may cause fires”, “may cause cancer”, “may cause genetic alterations”). The likelihood of harm varies; in certain situations, the risk is so immediate that decisive language reflecting the possibility of harm is required. As already allud - ed to, the regulation is emphatic in requiring that, when dealing with products harmful to health, such as ENDS, SNNS, HTPs and ONPs, it is necessary to inform the consumer, in a clear manner and in fully legible characters, of the product’s harmfulness, the conditions necessary for proper use and any contrain - dications. As manufacturers and distributors were not comply - ing with the foregoing requirement, specific regula - tion was required. Consequently, legislation regarding electronic cigarettes, vapes, ENDS, SNNS, HTPs and ONPs was passed that equated these products with cigarettes, tobacco products and their derivatives. In other words, all control measures established under Law 1335 of 2009 are now applicable to the foregoing products. As of 9 May 2025, advertisements of electronic ciga - rettes, vapes and similar devices must not: • be marketed to minors or made specifically to appeal to them, where it is forbidden to directly or indirectly sell tobacco products and their deriva - tives, ENDS, SNNS, HTPs and ONPs, in any form, to individuals under 18 years of age – in case of doubt, sellers shall require any prospective pur - chaser of tobacco products to provide proof that they are of legal age; • suggest that smoking contributes to athletic or sporting success, popularity, professional success or sexual success; or • contain false or misleading information, including terms such as “mild”, light”, “low tar”, “low nico - tine” “low carbon monoxide” or any other similar descriptors. 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. As per Law 1335 of 2009, as amended by Law 2354 of 2024, the rights of non-smokers include the following: • to breathe clean air, free from tobacco smoke, its derivatives and any residues from ENDS, SNNS, HTPs and ONPs; • to object when cigarettes, tobacco or its deriva - tives, ENDS, SNNS, HTPs or ONPs are lit in places where their consumption is prohibited, and to demand that the owner, legal representative, manager, administrator or any person responsi - ble for the establishment in question require the individual(s) engaging in such conduct to immedi - ately cease consumption; • to seek recourse before the competent authority in defence of their rights as non-smokers and to demand the protection of those rights; • to require the widespread dissemination of infor - mation regarding the harmful and potentially deadly effects of tobacco smoke, ENDS, SNNS, HTPs and ONPs; and • to report to the competent authority any instance of non-compliance with the provisions of the law. Breaches of the provisions and regulations are sanc - tioned as follows. • Retail and wholesale traders: a fine equivalent to two (COP2,847,000; approximately USD695) to three (COP4,270,500; approximately USD1,042) times the current legal monthly minimum wage. In the event of recidivism, the fine shall be increased to four (COP5,701,200; approximately USD1,391) to five (COP7,117,500; approximately USD1,736) times the current monthly legal minimum wage. • All other cases: a fine of 250 (COP355,875,000; approximately USD86,799) to 300 (COP427,050,000; approximately USD104,158) times the current legal monthly minimum wage. In the event of recidivism, the fine shall be increased to 350 (COP498.225.000 approxi - mately USD121,518) to 400 (COP569.400.000; approximately USD138,878) times the current legal monthly minimum wage.
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