Venta de Vapeadores y Cigarrillos Electrónicos

On May 15th, Law 2354 of 2024 was officially published, which regulates the use and sale of vapes and electronic cigarettes in Colombia, extending the implications and limitations of Law 1335 of 2009, known as the Anti-Tobacco Law.

  1. The regulation of the consumption, sale, advertising, and promotion of cigarettes, tobacco products, and derivatives is expanded to include products that aim to replace or substitute a tobacco product, imitators, and aerosols, which includes vapes and electronic cigarettes (the “Devices”).
  2. The rights of consumers of cigarettes or their substitutes to receive truthful, timely, clear, sufficient, and explicit information are reiterated.
  3. The role of the Ministry of Health and Social Protection in strategies and educational campaigns regarding the potential effects and risks of SEAN, SSSN, PTC, and PNO-type imitators is reiterated.
  4. By extending the implications and obligations of Law 1335 of 2009 to these Devices, a period of one (1) year is granted to implement these, in relation to their packaging and labels, advertising, and similar, promotion, and sponsorship prohibition.
  5. The consumption of these products is prohibited in enclosed areas of workplaces and/or public places such as restaurants, shopping centers, parks, bars, among others.
  6. The authority that may sanction non-compliance with the provisions of Law 1335 of 2009 is the SIC, and the sanctions range between 250 and 400 smlmv. This demonstrates that the sanctions are much lower compared to those that the SIC usually imposes, in accordance with the Consumer Protection Statute.
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