Colombia

Plaintiff, Ocampo Uribe, challenged the constitutionality of the prohibition of sale of tobacco products in packages containing less than ten cigarettes. According to the plaintiff, this prohibition violates the constitutional principle of individual autonomy as adults would be restricted from purchasing individual cigarettes. Also, according to the plaintiff, the prohibition violates the constitutional principle of solidarity, affecting street sellers, a vulnerable population. The court emphasized the hazardous nature of tobacco, the necessity that the economy promotes development, and the role of the FCTC. The court upheld the measure responding to the two main arguments: on the first, that the prohibition does not restrict tobacco consumption but tobacco sales; on the second, that it was not proved that the prohibition would substantially affect street sellers’ living conditions.