Colombia: Law 2354 of 2024 has been enacted, which regulates the use of vaping devices

21 May 2024    2 minute read
Consumption Right to Health Cigarretes Vapes Promotion Advertising

In brief

On 9 May 2024, Law 2354 of 2024 (hereinafter "the Law") was enacted, which regulates the consumption, sale, advertising and promotion of electronic nicotine delivery systems, similar systems without nicotine, heated tobacco products and oral nicotine products or vapes. Its purpose is to guarantee the right to health, especially that of minors under the age of 18 and the non-smoking population, by amending Law 1335 of 2009. Also, health and educational programs will be created to contribute to the reduction and consumption of tobacco.

Contents

Key points

  • The National Government will put in place policies and educational campaigns on the potential health effects and risks associated with vaping.
  • Producers of tobacco substitutes or producers that imitate similar products, which include vapers, are granted a period of one year from 9 May 2024 to apply the provisions regarding advertising and product packaging contained in Article 13 of Law 1335 of 2009, which regulates the use of cigarettes. According to these restrictions:
    • Packaging and labeling may not be directed at minors or suggest that smoking contributes to athletic or professional success or popularity.
    • Packaging should contain pictograms and warning phrases about the harmfulness of consumption.
  • Sponsorship of sports and cultural events by companies that manufacture, import or market these products is prohibited.
  • Also, a transitional period of one year is granted for the entry into effect of articles 14, 15, 16 and 17 of Law 1335 of 2009 regarding the promotion, advertising and prohibition of sponsorship of the product. The following are prohibited under these articles:
    • The advertisement on radio, television, movies, newspapers, magazines or mass distribution.
    • Posting billboards, banners, posters, or similar advertising of these products.
    • Sponsorship of sporting and cultural events by companies producing, importing or marketing these products.
  • The sanctions included in Law 1335 of 2009 applicable for tobacco use and consumption will be applicable to vapes and similar products. These include fines of between 250 to 400 legal minimum wages (between COP 325,000,000 and COP 520,000,000 or approximately USD 85,000 and 136,000) for violating labeling regulations, and measures related to advertising and promotion.
  • This Law is effective as of 9 May 2024.

Additional information

Do not hesitate to contact us in case you have any questions or require our advice.

For more detail, the Law can be consulted in the following link. 

Law 1335 of 2009 can be consulted in the following link.

Click here to read the Spanish version.

Contact Information
Carolina Pardo
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Bogota
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Angélica Navarro
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Carlos Arboleda
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Bogota
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carlos.arboleda@bakermckenzie.com
Luis Castell
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luis.castell@bakermckenzie.com

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