COLOMBIA Trends and Developments Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
Following the “regulatory equalisation” of ENDS, SNNS, HTPs and ONPs with cigarettes, tobacco products and their derivatives under Law 2354 of 2024, various implementing regulations were issued. As with cigarettes, tobacco products and their deriva - tives, ENDS, SNNS, HTPs and ONPs must include health warnings and images issued by the Ministry of Health. The Ministry of Health and Social Protection, through Resolution No 624 of 8 April 2025, adopted the Manu - al for the Signage of 100% Smoke-Free Environments and Aerosols Emitted by Substitutes and Imitators. This manual applies to the indoor areas of workplaces and/or public places, such as bars, restaurants, shop - ping centres, stores, fairs, festivals, parks, stadiums, cafeterias, nightclubs, internet cafés, hotels, trade shows, pubs, casinos, communal areas and waiting zones where public events are held, including cultural and sports venues. The manual shall enter into force on October 2025, where the concept of “100% smoke-free environments” has been expanded to include “...aerosols emitted by substitutes 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. Law 2354 of 2024 represents a significant advance in the Colombian legal framework for the protection of public health, extending the comprehensive control measures established in Law 1335 of 2009 to a broad - er range of tobacco-related products and associat - ed functional devices. By explicitly including ENDS, ENNDS, HTPs and ONPs, among other categories, the legislature has closed a critical regulatory gap that previously allowed emerging products to circulate on the market with limited oversight. The importance of this legislative development lies in its preventive and corrective character. From a pre - ventive perspective, it reinforces the duty of the state to guarantee the right to health by reducing exposure to products that, although marketed in innovative for - mats, pose risks analogous to or greater than those of traditional tobacco products. From a corrective per - spective, it ensures that the manufacturers, importers and distributors of these products are subject to the same obligations regarding labelling, advertising and information disclosure that already apply to conven - tional tobacco products, thereby promoting transpar - ency and accountability in commercial practices. Moreover, Law 2354 of 2024 aligns the Colombian regulatory system with the international standards set forth in instruments such as the World Health Organi - zation’s Framework Convention on Tobacco Control, which emphasises the necessity of adapting legal regimes to evolving forms of nicotine consumption. It also strengthens the enforceability of consumers’ rights by ensuring that all potentially harmful tobacco- related products are subject to uniform control mech - anisms, regardless of their technological form. In conclusion, Law 2354 of 2024 is not merely an extension of existing regulation but a decisive affir - mation of the constitutional principles of health pro - tection, consumer safety and regulatory coherence. Its adoption consolidates Colombia’s commitment to confronting the evolving challenges of tobacco control in a dynamic global market.
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