TOBACCO CONTROL LAWS

Esperanza Cerón Villaquirán et al v. Superintendency of Industry and Commerce (SIC)

Tobacco control advocates challenged the Superintendency of Industry and Commerce (Superintendencia de Industria y Comercio – SIC) resolutions that regulated point of sale tobacco product displays.  Tobacco control advocates alleged that these resolutions violated the complete ban on advertising, promotion and sponsorship established through Law No. 1335. The Colombian State Council held that these resolutions violated Article 13 of the Framework Convention on Tobacco Control (FCTC) and its guidelines that state that product display should be considered a form of advertisement. Consequently, the State Council mandated the SIC to repeal the resolutions, which was done through Resolution No. 1/2018.

Esperanza Cerón Villaquirán et al v. Superintendencia de Industria y Comercio (SIC), Expediente: 110010324000 2014 00011 00; Consejo de Estado, Sala de lo Contencioso Administrativo, Sección Primera, Bogotá, D.C., (2017).

  • Colombia
  • Nov 17, 2017
  • Sala de lo Contencioso Administrativo, Sección Primera del Consejo de Estado de Colombia
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Parties

Plaintiff

  • Esperanza Cerón Villaquirán
  • Liliana Andrea Ávila
  • Marian Lorena Ibarra Ávila

Defendant Superintendencia de Industria y Comercio

Legislation Cited

Ministry of Welfare Decision No. 3961 of 2009

Circular No. 005 of Superintendent of Industry and Trade

Resolution No. 1 of 2018

Law No. 1335

Circular No. 011

Law No. 1109 of 2006

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

CO Esperanza Cerón Villaquirán 1

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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