"Thus, by virtue of the general principle of law that indicates that where the legislator did not make a distinction, it is not possible for the interpreter to create it, as well as the principle of legality of the faults and sanctions, which has implicit the principle of typicality, in merit of which exists an exclusive attribution by the Congress of the Republic, in its capacity as legislative body, to define clearly and specifically the "act, fact or omission constitutive of the behavior considered as offensive by the legal system, in a way that allows the people to whom the rules are aimed to know in advance to the commission of the implications of its breach" and; since it is not possible to the Superintendency of Industry and Commerce to give a scope different from that prescribed by Law 1335 of 2009, in view of the fact that in sanctioning matters, the description of the conduct that gives rise to the sanction must be precise, clear, and not give rise to doubts, it is clear for this Directorate, that it is not possible to apply Law 1335 of 2009 to the product called IQOS, since it falls outside the scope of competition prescribed by the legislator in the aforementioned normative provision and doing so could lead to the violation of the due process established in subsection 2 of article 29 of the Constitution, which provides that: “No one can be judged except in accordance with the pre-existing laws to the act that is imputed (...)”."