Colombia

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 prohibits smoking in indoor public places, indoor workplaces, and public transport. Therefore, the use of e-cigarettes in indoor public places, workplaces and public transport is prohibited.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 generally prohibits tobacco advertising and promotion. However, the law does not explicitly prohibit retailer incentive programs or address unpaid depiction of e-cigarette products and use in media. Therefore, the regulatory status code “Some Restrictions” is given.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 prohibits sponsorship of sporting and cultural events by tobacco companies or tobacco brands. The law does not prohibit sponsorship of individuals, organizations, governments, or events that are not related to sporting or culture. Therefore, sponsorship of e-cigarettes is restricted in the same manner and the regulatory status code “Some Restrictions” is given.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 requires that tobacco products be “inaccessible from public stands having no type of access control.” Therefore, e-cigarettes may not be placed on displays that are directly accessible to customers. Although Resolution No. 1 of 2018 prohibits point of sale tobacco product displays, it is unclear if this resolution applies to e-cigarettes, as Law No. 2354 amends Law No. 1335 only and does not mention implementing regulations. Therefore, the regulatory status code “Some Restrictions” is given.

The law does not address e-cigarette sales via the internet. Therefore, the law is interpreted as allowing internet sales.

The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

The law does not address ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 requires that a combined picture/text warning occupy 30% of the two principal display areas (front and back) of all tobacco product packages. The law requires that warning text be in Spanish. Therefore, the health warnings on e-cigarette product packaging are required in the same manner.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 prohibits the use of misleading descriptors on tobacco product packaging, such as “mild”, “light”, “low in tar, nicotine and carbon monoxide.” Note that Ministry Decision No. 003961, issued pursuant to Law No. 1335, further provides that tobacco products may not contain misleading information as to their characteristics, effect on health, risks or emissions or use terms, descriptive elements, brand or trade names, figurative or other types of sign whose direct or indirect effect is to create the false impression that a particular tobacco product is less harmful than others. However, it is unclear if this Ministry Decision applies to e-cigarettes, as Law No. 2354 amends Law No. 1335 only and does not mention implementing regulations.

The law does not regulate maximum nicotine concentration in e-cigarettes.

The law does not regulate device requirements.

Law No. 1335 of 2009 requires manufacturers and importers of cigarettes to annually submit a report at the request of the Ministry of Health and Social Welfare on the ingredients and emissions of their products. Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, manufacturers and importers of e-cigarettes must disclose ingredients and emissions of their products to the Ministry. However, the regulations on disclosure requirements have not yet been issued.

Law No. 2354 of 2024 makes e-cigarettes subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 restricts the sale of tobacco products by vending machine. Specifically, the use of vending machines is prohibited in places at points of sale where there is free access by minors. Therefore, sponsorship of e-cigarettes is restricted in the same manner and the regulatory status code “Some Restrictions” is given.