Advertising & Marketing 2025

Last Updated October 14, 2025

Colombia

Law and Practice

Authors



Triana, Uribe & Michelsen is a boutique firm well known for its prompt and accurate legal advice. Triana, Uribe & Michelsen is among the most recognised law firms in Colombia with respect to intellectual property matters, entertainment, advertising, franchising and licensing business endeavours, related litigation and/or mediation/arbitration. It is the only Colombian firm that is a member of the Global Advertising Lawyers Alliance (GALA). Within the firm, Juan Carlos Uribe and Sandra Ávila-González provide a wide range of services concerning advertisement law. The firm assists its clients in all matters related to contests (games of chance, sweepstakes and skill-based games) and advises on the requirements of the Consumer Protection Statute, resolving all legal issues related to advertisements, publications, marketing, commercials, trade, packaging and labels.

The primary laws and regulations that govern advertising practices in Colombia are as follows.

  • The Consumer Protection Statute (Law 1480 of 2011): This is the main law governing advertising in Colombia. It introduces guidelines concerning what information must be provided to consumers – and how – in order to avoid misleading advertisements.
  • Unique Circular No 10 of the Superintendence of Industry and Commerce: This regulates the duties of the Superintendence of Industry and Commerce, including with respect to consumer protection and advertisements. It also sets guidelines regarding the rules to be followed by advertisers.
  • Unfair Competition Law (Law 256 of 1996): This law may apply to certain behaviours that might be deemed to constitute unfair competition (ie, ambush marketing and misleading comparative advertising).
  • Self-Regulatory Code on Advertising (2013).
  • Specific rules related to goods that have an impact on human health (ie, tobacco, medicines, infant formulas and alcoholic beverages).

The Superintendence of Industry and Commerce is the main authority entitled to enforce the laws and regulations governing advertising practices (specifically, the Consumer Protection Statute).

The remedies available are as follows:

  • corrective advertising;
  • fines of up to 2,000 times the minimum monthly wage in force at the time of the imposition of the sanction (approximately USD520,000);
  • temporary closure of the business establishment for up to 180 days (including its website and any forms of internet access to the establishment);
  • closure of the establishment (including its website and any forms of internet access to the establishment) or a final order of removal of the website portal;
  • temporary or permanent prohibition of the manufacture, distribution or sale to the public of certain products;
  • destruction of a particular product that is detrimental to the health and safety of consumers; and
  • successive fines of up to 1,000 times the minimum legal monthly wage for failure to comply with the authority’s orders (approximately USD260,000).

The Health Authority and the Superintendence of Finance are also entitled to pursue advertising infringements and can order monetary and non-monetary sanctions.

Suppliers and producers are responsible for any damage that arises as a consequence of inadequate or insufficient product information, whereas the advertiser is responsible for the damages caused by deceptive or misleading advertising. The media will be jointly and severally liable only if fraud or gross negligence is proven inasmuch as they knew about the defective/deficient nature of the product or service. If the advertiser does not comply with the conditions laid out in its advertisements, without prejudice to the administrative sanctions that may apply, the advertiser can be held liable for any damage caused to consumers.

All content and forms of disclosure are considered “advertising”, including any reference to the following aspects of a product:

  • nature;
  • origin;
  • method of manufacture;
  • components;
  • uses;
  • volume;
  • weight or measurement;
  • price;
  • method of use;
  • properties;
  • quality;
  • suitability;
  • quantity; and
  • any other relevant characteristic, as well as any risks that may derive from its consumption or use.

Certain industries are required to obtain pre-approvals before running advertising campaigns.

  • Gambling: All gambling activities must be approved in advance by the competent authority. The authority depends on the scope of the gambling activity (national or regional). The authorisation for the gambling activity must be displayed on tickets and in advertising.
  • Contraceptives: Contraceptive medications must adhere to the general advertising rules for medications.
  • Over-the-counter/non-prescription medication, dietary supplements, certain medical devices advertised only through specialised channels and infant formula: Advertisements must be approved by the Health Authority.
  • Prescription medications: Advertisements can only target health professionals.
  • Financial services: Advertisements must comply with the rules set forth in the Organic Statute of the Financial System.
  • Lotteries: All lottery activities – and advertisements thereof – must be approved in advance by the competent authority. The authority depends on the scope of the gambling activity (national or regional).

Image rights have been developed in Colombia though the jurisprudence of the Constitutional Court but not via any specific law. The rules governing the use of intellectual property or an individual’s name, picture, voice or likeness in advertising have several nuances, but the bottom line is that they are subject to legal protection. Although informative non-commercial use is possible without prior authorisation, all other uses should be authorised a priori in writing by the individual or their relevant heirs.

The self-regulatory authorities include professional associations under the National Commission for Self-Regulation Advertisement (Consejo de Autorregulación Publicitaria; CONARP). CONARP only issues decisions on ethical matters, which are likely to be recommendations as opposed to having legal effect.

In case of infringement of the Consumer Protection Statute, consumers may bring an action against advertisers before the Superintendence of Industry and Commerce, as follows:

  • jurisdictional authority – consumers may request compensation for damages, and the authority is entitled to impose monetary and non-monetary sanctions; and
  • administrative authority – the advertiser may be subject to the sanctions described in 1.2 Enforcement and Regulatory Authorities.       

In light of growing concerns regarding electronic cigarettes, vapes, electronic nicotine delivery systems (ENDS), similar non-nicotine systems (SNNS), heated tobacco products (HTPs) and oral nicotine products (ONPs), regulatory intervention has finally occurred, equating these products with cigarettes, tobacco products and their derivatives. As of 9 May 2025, electronic cigarettes, vapes and similar devices must not:

  • be marketed to minors or designed specifically to appeal to them;
  • suggest that smoking contributes to athletic or sporting success, popularity, professional success or sexual success; or
  • contain false or misleading information, including terms such as “mild”, “light”, “low tar”, “low nicotine”, “low carbon monoxide” or any similar descriptors.

The promotion of electronic cigarettes, vapes and similar devices through billboards, banners, murals, posters, placards or similar media – whether fixed or mobile – is prohibited, as is their promotion through radio, television, cinema, printed media (eg, bulletins, newspapers, magazines) or any other form of mass media. Finally, as with cigarettes, tobacco products and their derivatives, ENDS, SNNS, HTPs and ONPs must include health warnings and images issued by the Ministry of Health.

Following the “regulatory equalisation” of ENDS, SNNS, HTPs and ONPs with cigarettes, tobacco products and their derivatives under Law 2354 of 2024, various implementing regulations were issued.

First, the Ministry of Health and Social Protection, through Resolution No 624 of 8 April 2025, adopted the Manual for the Signage of 100% Smoke-Free Environments and Aerosols Emitted by Substitutes and Imitators. This manual applies to the indoor areas of workplaces and/or public places, such as bars, restaurants, shopping centres, stores, fairs, festivals, parks, stadiums, cafeterias, nightclubs, internet cafés, hotels, trade shows, pubs, casinos, communal areas and waiting zones where major events are held, including cultural and sports venues.

The manual will enter into force in October 2025, where the concept of “100% smoke-free environments” has been expanded to include “...aerosols emitted by substitutes and imitators”, thereby expressly covering electronic cigarettes and vaping devices.

The second regulation, Resolution No 30838 of May 2025, was issued by the Superintendence of Industry and Commerce, which regulates the consumer’s right to access information regarding cigarettes, tobacco products, their derivatives and substitutes, and the devices required for their operation. Resolution No 30838 establishes a minimum amount of information that must be provided, including:

  • instructions for use;
  • the product’s lifespan;
  • safety warnings, as well as instructions for storage, preservation and proper use;
  • clear and precise assembly instructions for devices;
  • clarification regarding any included accessories;
  • the type of battery required, power specifications, safety recommendations and warnings related to battery use;
  • instructions for device maintenance; and
  • the warranty period.

This information must be presented clearly, in legible Spanish, on the product’s label, packaging, container or accompanying documentation.

Regarding cultural concerns that advertisers should keep in mind, advertising should contribute to the improvement of society, the economy and the environment, while still fulfilling its main commercial objective. Advertising must provide positive messages; it must not discriminate or encourage violence, illegal acts or anti-social behaviour.

The obligation of non-discrimination by suppliers, producers, advertisers, consumer associations and media sectors arises from Law 1257 of 2008, which establishes that “civil society organizations, associations, companies, organized commerce, economic unions and other legal and natural persons have the responsibility of taking an active role in achieving the elimination of violence and discrimination against women” and therefore must “refrain from doing anything that involves discrimination against women”.

There are two types of political propaganda.

  • Political disclosure: This is intended to promote the principles, programmes and achievements of the government, political parties or political movements, and can be executed at any time. However, it cannot be directed towards influencing the public to support a certain candidate or party.
  • Electoral propaganda: This promotes candidates seeking election and public support.

An advertisement is considered misleading when:

  • it lacks objectivity regarding the characteristics of goods or services, such as their availability, nature, execution, composition, uses, quantity, specifications, geographical or commercial origin, the procedure and date of manufacture (or provision of services), the results that can be expected from their use and the results and essential characteristics of any tests carried out;
  • the price and conditions of supply are absent;
  • the nature and characteristics of the advertiser, such as their identity, assets, qualifications and industrial, commercial or intellectual property rights, as well as any awards or distinctions they have received, are false or misrepresented;
  • other information necessary to fully understand the advertisement is lacking;
  • the quality or quantity of the product or service is decreased, or its price is increased, in a non-transparent manner;
  • information on restrictions, limitations, exceptions and additional conditions for the acquisition of the product or service is not included in the advertisement;
  • products or incentives with deficiencies or imperfections, or that have already been used, are remanufactured, remodelled or reconstructed, are close to expiry or are from previous collections or models are offered without indicating these circumstances clearly and precisely in the advertising;
  • products, services or incentives are offered free of charge when their delivery is in fact subject to the fulfilment of some condition/s by the consumer not indicated in the advertisement; or
  • information essential for the proper handling, maintenance or use of the good or service, as well as information about possible risks, is not provided in Spanish or is misrepresented.

In principle, any assertion made by the advertiser must be truthful and in accordance with the available information. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate and suitable information about aspects of the products or services they offer, including:

  • instructions for the correct use, consumption, care and installation of the product or service;
  • the quantity, weight or volume, if applicable – the units used must correspond to those established in the International System of Units or to the customary units of measurement for the product;
  • the expiry date, where applicable – in the case of perishable products, the expiry date must be clearly indicated on labels, containers or packaging, in accordance with their size and appearance;
  • the specifications of the good or service.
  • information from the supplier:
  • any guarantees; and
  • the price.

Claims that cannot be objectively verified/measured, and puffery, are being increasingly challenged by the regulatory bodies, although in some cases they are allowed (largely depending on context and the nature of the product or service).

To substantiate a claim, it is necessary to obtain technical or scientific support from, for example, a study or an independent expert opinion.

Product demonstrations must provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate and suitable information. The consumer must be informed of the conditions in which the demonstration was performed. Paid actors cannot be misrepresented as genuine consumers even if they have consumed or used the product/service.

If the demonstration involves a comparison, the comparator product must be clearly established and of an equivalent nature.

The advertiser must obtain the testifier’s authorisation to use their name in association with the product. The testifier can be jointly and severally liable for its claims or opinions if advertising rules are breached. It must be clear that the testimony represents an endorsement, independent opinion, belief or experience.

Environmental claims should be:

  • objective and verifiable;
  • supported by technical studies;
  • not misleading; and
  • clear in terms of whether they pertain to the whole product, a portion or component thereof or the packaging.

If a comparison is made with another product, the environmental characteristics of both products must be specified.

All disclaimers should be audible or visible, easy to read and understandable. If the font is excessively small or the speed at which disclaimer is read is excessively fast, the disclosure may be deemed unacceptable even if what it states is accurate.

General rules apply to all types of claims. However, there is ample room for interpretation regarding the validity of claims such as “Made in Colombia” if only a portion of the product’s components is from Colombia, or if only some of the manufacturing takes place within its borders. While there are rules to determine the tariffs on imports, they cannot be extrapolated to finished products.

Concerning statements such as “contains fruit juice”, made for concentrated products with minimal real fruit juice content, the Health Ministry has relied on the technical specifications of the product to determine whether the advertising is accurate.       

There are no special rules regarding stereotyping in advertising or inclusion, diversity and equity, other than the prohibition of discriminative statements on the basis of race, religion or gender (treated according to the basic laws governing advertising).

Decree 975 of 2014 asserts that, in addition to the general rules of advertising, when aimed at children and teenagers, adverts must take account of the maturity level of the target age group and not treat all children the same. The advertiser must:

  • avoid the use of images, text and visual or auditory elements that do not correspond to the actual operation or characteristics of the product;
  • provide accurate information such that a child and/or adolescent could assemble and operate the product;
  • not exaggerate the size, nature, durability and uses of the product;
  • specify whether any batteries or accessories shown in the advertisement are included in the product’s packaging or sold separately, and whether they are required for the operation of the product;
  • in cases where text or multimedia messages that involve a cost to the consumer must be sent, the cost must be stated, and children and/or adolescents must be warned that, prior to making the call or sending the message, he/she must request authorisation from his/her parents;
  • not use images or information related to sexual, violent or discriminatory content, or to content that promotes conduct contrary to morals and good customs;
  • not use images or information related to the consumption of narcotics or alcoholic beverages, except in the case of prevention campaigns;
  • not use images, text, visual or auditory elements that suggest to a child and/or adolescent that not acquiring or using a product may result in a lack of social acceptance;
  • not state or imply that a food or beverage can replace any of the three daily meals (this requirement applies regardless of the potential veracity of any such claim); and
  • not use qualitative expressions, diminutives or adjectives regarding the price of the product.       

General rules apply to “dark patterns” in advertising. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate and relevant information on the products they offer, but no specific Colombian regulation describes what could constitute a “dark pattern”. Thus, this issue must be analysed within the unique context of the advertising piece in question.

General rules apply to sponsor identification or branded content. Moreover, the Colombian Consumer Protection Authority issued the Good Practices Guide for Advertising Through Influencers (the “Guide”; Guía de Buenas Prácticas en la Publicidad a Través de Influenciadores), whereby an influencer may be held responsible as an advertiser or as a media channel, depending on their relationship with the manufacturer and the way in which the advertisement is presented.

The general rules of advertising also apply to native advertising. Consequently, the consumer must be fully informed that the content in question is an advertisement and not a regular editorial or piece of entertainment content.

Comparative advertising is permitted but must comply with the following rules:

  • the compared goods and services must be analogous (eg, yogurt with yogurt, not yogurt with milk);
  • objective rather than subjective features or properties of the compared goods/services must be referred to; and
  • the results of any comparison must be truthful and verifiable.

If these rules are not followed, the comparative advertising could be deemed as misleading and an act of unfair competition. In addition, although comparative advertising may explicitly refer to – or allude to – a competitor, it cannot be used to denigrate competitors or mislead consumers.

Trade marks may be used in comparative advertising to explicitly identify the competitor in question. However, the situation is not particularly clear regarding copyright – whether it is possible to use copyrighted work must be evaluated on a case-by-case basis.

An advertiser can challenge claims made by a competitor before the Superintendence of Industry and Commerce. The authority requests the information pertinent to the claim and then decides whether or not to initiate an investigation. A civil action can also be filed under unfair competition rules, as well as request for preventive injunctions. The investigation will conclude with the case being filed, or with the competitor being fined.

There are no special rules related to ambush marketing in Colombia. However, ambush marketing may be challenged on the basis of:

  • unfair competition;
  • trade mark infringement;
  • copyright infringement;
  • image rights; and
  • consumer protection.

Ambush marketing can be declared illegal if:

  • it unfairly affects the rightful owner’s economic interests, which will result in the infringing party being ordered to desist its harmful behaviour and compensate for damages caused;
  • it conflicts with the principles of commercial good faith (eg, by unfairly tarnishing a competing brand);
  • it involves unauthorised use of a registered trade mark or a confusingly similar sign (eg, of an event organiser or official sponsor);
  • it uses designs, colours or images protected under copyright;
  • it uses an image of a celebrity usually associated with another trade mark or sponsor without the authorisation of the individual; or
  • it deceives consumers as to the origin of the goods or services or the relationship between the provider thereof and the organisers of an event and/or its sponsors.

Where an ambush marketing campaign violates any of the aforementioned principles, the plaintiff may pursue any or all available legal actions. In Colombia, there are numerous legal options to prevent an organiser, sponsor or any other party from suffering the effects of an illegal ambush marketing campaign.

There are no special rules pertaining to the use of social media for advertising; the general rules of advertising apply.

The advertiser is responsible for all the content uploaded to its page. Liability is based on whether it is possible for the advertiser to control the content and whether it takes the necessary measures to avoid such content being posted on its page.

For online disclosures and disclosures in social media, as per the Guide, the following words can be used, with or without the hashtag label, to indicate the name of the brand or the account of the promoter: publicidad (advertising), promocionado por (promoted by),aviso promocionado (promoted ad), contenido promocionado (promoted content), contenido publicitario (advertising content), patrocinado (sponsored) and/or patrocinado por (sponsored by).

There are no unique rules or regulations that apply to the use of any of the major social media platforms in Colombia, and there is no ban on any social media platform in Colombia; they are all freely accessible.

As noted in 5.3 Disclosure Requirements, the Colombian Consumer Protection Authority issued the Guide, according to which an influencer can be understood as a person who, through social networks and/or interactive digital platforms, has achieved/built credibility, trust and a recognisable image – by sharing their daily life, interests and experiences with an online community – that allows them to influence, affect or motivate consumers’ behaviour. The foregoing definition applies regardless of whether the influencer identifies him/herself as such; the relevant issue is the role they fulfil.

An influencer may be held responsible as an advertiser or as a media channel, depending on their relationship with the manufacturer and the way in which the advertisement is presented.

The advertiser can be held liable for content posted by its influencers. The advertiser has a duty to monitor its influencers. If an influencer does not properly disclose their relationship with the advertiser, they can also be held liable. The possible sanctions are as follows:

  • fines of up to 2,000 times the monthly legal minimum wage at the time of imposition of the sanction (approximately USD695,000);
  • temporary closure of the commercial establishment (for up to 180 days) – this also applies to the establishment’s website and app; and
  • in case of reoccurrence, and depending on the gravity of the offences, permanent closure of the commercial establishment or a final order of removal of the website, app or internet portal.

Any consumer that reviews a good or service can be jointly and severally liable for their claims or opinions if advertising rules are breached. It must be clear as to whether the review is an endorsement, an independent opinion, a belief or an experience. If there is no relationship between the parties, the advertiser cannot be liable for consumer reviews.

Email marketing is not permissible without express prior authorisation from the consumer, and the promoter must retain proof of the consumer’s authorisation to allow verification before the authority. Moreover, any database that includes the private information of consumers must be registered before the Superintendence of Industry and Commerce.

As per email marketing, telemarketing is not permissible without express prior authorisation from the consumer; the promoter must retain proof of the consumer’s authorisation to allow verification before the authority; and any database that includes the private information of consumers must be registered before the Superintendence of Industry and Commerce.

As per email marketing and telemarketing, text messaging is not permissible without express prior authorisation from the consumer. The promoter must retain proof of the consumer’s authorisation to allow verification before the authority, and any database that includes the private information of consumers must be registered before the Superintendence of Industry and Commerce.

As per email marketing, telemarketing and text messaging, targeted/interest-based advertising is not permissible without express prior authorisation from the consumer. The promoter must retain proof of the consumer’s authorisation to allow verification before the authority, and any database that includes the private information of consumers must be registered before the Superintendence of Industry and Commerce.

Article 7 of the Data Protection Statute establishes that: “The processing of personal data of children and adolescents is prohibited, except for... data that [is] of a public nature”. Personal data of a public nature includes names and ID numbers.

There is no other exception for the collection/processing of minors’ personal data, and no authorisation in this regard is valid. It is permissible to collect parental/legal guardian information, but not that of the minor. Minors cannot be contacted in relation to any kind of advertisement.

In Colombia, the default privacy rules related to advertising operate on an opt-in basis. Thus, prior and express authorisation from the consumer is mandatory.

The general requirements regarding the conduct of sweepstakes and contests (chance-based games) are as follows.

  • Authorisation from the competent authority is required.
  • The “official fees”, which are in accordance with the total value of the prizes to be awarded, are as follows:
    1. operating rights – equivalent to 14% of the total value of the prizes; and
    2. administrative expenses – corresponding to 1% of operating rights.
  • If the value of any prize exceeds approximately USD1,200, a tax of 10% of the amount of the prize is levied (windfall tax).
  • For sweepstakes, the authority requires a bond to cover the prize pool.

Authorisation from the national authority, the State Industrial and Commercial Company that Administers the Revenue Monopoly on Games of Chance and Luck (Empresa Industrial y Comercial del Estado Administradora del Monopolio Rentístico de los Juegos de Suerte y Azar; COLJUEGOS), takes approximately 30 days. Please note that COLJUEGOS only accepts applications for authorisation made by companies or individuals who are domiciled in Colombia; the application must be made by a distributor in Colombia, a public relations (PR) company acting as the entity responsible for the sweepstakes or a company legally established in Colombia.

Colombia distinguishes between contests of skill and games of chance. Skill-based activities depend entirely on the efforts of the participants but do not necessarily demand a high level of skill. For example, a game asking simple general knowledge questions would be sufficient to qualify as a game of skill. However, if at any stage winning depends on chance, the game will be classified as such.

For the registration of a sweepstakes/contest/draw before the national authority (COLJUEGOS), the following is required:

  • complete information on the Colombian company or subsidiary responsible for the sweepstakes, which can be found in the certificate of existence;
  • information on the sweepstakes (name, start and end dates, objectives, requirements to participate, method to select the winner, conditions and restrictions, date on which the winner is selected);
  • issuance of a bond to guarantee compliance with the terms of the sweepstakes, in accordance with the information provided in the authority’s registration system;
  • receipt of payment of the bond;
  • a copy of the legal representative’s ID;
  • invoices for the prizes;
  • a certificate of budget availability for the prizes;
  • a copy of the accountant’s or auditor’s ID;
  • a copy of the accountant’s or auditor’s professional registration;
  • power of attorney;
  • the value of the prizes; and
  • payment to secure operating rights and cover administrative expenses.

The governmental authority is also entitled to request further information to complete the registration, and authorisation takes approximately 60 days.

As noted in 7.1 Sweepstakes and Contests, the “official fees”, which are in accordance with the total value of the prizes to be awarded, are as follows:

  • operating rights – equivalent to 14% of the total value of the prizes; and
  • administrative expenses – corresponding to 1% of operating rights.

If the value of any prize exceeds approximately USD1,200, a tax of 10% of the amount of the prize is levied (windfall tax). Furthermore, the value of a prize cannot exceed 160 times the monthly legal minimum wage (COP227,760; approximately USD55,552).

The rules that apply to free and reduced-price offers are as follows:

  • when the promotion offers extra content or product/s for free, the price per unit must only be provided for the base product – ie, not including any extras;
  • when the promotion offers an extra product of the same type as the original product at a special price, the price per unit must be based on the advertised price divided by the total number of products offered; and
  • when the promotion offers extra content for the original product at a special price, the price per unit must be based on the advertised price divided by the total amount of extra content offered.

The basic rule for any advertisement of “free” products is that it must be factual – ie, the goods must be 100% free. In the event of a promotion wherein a free item accompanies the purchased goods, the total cost must be the same; it should not be increased in any way.

A clause that applies to automatic renewal/continuous service offers under which a marketer can continue to ship and bill for products and services on a recurring basis until the consumer cancels might be deemed abusive if it prevents the consumer from terminating the contract at any time, or if penalties are imposed for early termination.

There are no specific rules related to the use of artificial intelligence (AI) specifically in connection with the development of advertising content; only the general rules apply.

General rules apply with respect to the use of AI in connection with the development of advertising content, such that the consumer must be properly informed that the content was/is developed through the use of AI, is powered by AI or has AI-related capabilities.

There are no specific rules related to the use of chatbots; only the general rules apply.

Colombian regulation does not make explicit mention of crypto-assets and their related operations. Hence, all advertisements for digital assets must follow the general advertising rules in Colombia. The Consumer Protection Statute requires that all information provided to consumers must be clear, truthful, adequate, timely, verifiable, understandable, accurate and appropriate.

There are no specific rules related to advertising within the metaverse; only the general rules of advertising apply.

The specific rules/restrictions in Colombia concerning the advertising of regulated products/services are as follows.

  • Alcoholic beverages: The advertising and marketing of alcohol has been regulated in Colombia for the last 30 years. The aim is to protect minors and limit the consumption of alcoholic beverages by means of warnings within advertisements and limits on how and when alcohol can be advertised.
  • Gambling: All gambling activities must be approved in advance by the competent authority, in accordance with their scope (national or regional). The authorisation must be made clear on any tickets or adverts.
  • Contraceptives (condoms, morning-after pills, etc): Contraceptives that are not considered to be medications are not subject to special advertisement rules. Contraceptive medications that are “over the counter” or prescribed must follow the advertising rules that apply to all medications.
  • Over-the-counter/non-prescription medication: It is permissible to promote over-the-counter medication, but the advertisement has to be approved by the Health Authority before being released to the public.
  • Prescription medication: Prescription medication can only be advertised or promoted in technical or scientific publications aimed exclusively at health professionals.
  • Financial services (banks, etc): For advertisements of financial products or services, the Organic Statute of the Financial System applies.
  • Lotteries (state run or otherwise): All lotteries must be approved in advance by the competent authority, which depends on the scope of the lottery (national or regional). All adverts also have to be approved by the competent authority.
  • Herbal and dietary supplements, including protein shakes: Advertisements of dietary supplements must meet the requirements set forth by the Health Authority.
  • Infant formulas: All public advertisements, information, and outreach and educational materials concerning infant feeding should meet the requirements set forth by the Health Authority.
  • Political propaganda (in relation to individuals, organisations, businesses and governmental entities): There are two recognised types of political propaganda, each with specific regulations. Political disclosure is intended to disseminate and promote the principles, programmes and achievements of parties and movements. This type of advertising, which cannot be directed towards securing support for an election candidate, can be executed at any time. Electoral propaganda promotes candidates seeking election and public support.
  • Tobacco and toy guns: The advertising of tobacco, electronic cigarettes and its derivatives, and toy guns is prohibited.

Additionally, advertisements for the following goods and services must be pre-approved:

  • gambling and lotteries – all advertisements have to be approved by the entity in charge of authorising the gambling activity; and
  • over-the-counter homeopathic medicines.

There are rules related to the placement of alcoholic beverages in entertainment content, as follows;

  • direct advertising (in which a product, company, brand or service is identified by a graphic design, or by auditory or visual components, with the express purpose of encouraging or inducing consumption) that depicts the ingestion of an alcoholic drink is forbidden at any time in television services; and
  • television programmes whose content is aimed specifically at minors cannot include any advertising of alcoholic beverages.

With respect to the advertising and marketing of alcohol, the following rules apply:

  • scenes in which, either visually or audibly, the ingestion of alcoholic beverages is depicted cannot be broadcast;
  • advertisements of alcoholic products cannot associate the consumption thereof with success and the achievement of personal, sexual, professional, economic or social goals;
  • it cannot be stated or implied that the consumption of alcohol is desirable or a valid option to solve problems, and negative images of abstinence, sobriety or moderation are prohibited;
  • the advertising must be truthful and objective;
  • the advertising cannot undermine the honour, reputation and privacy of individuals, nor the rights, freedoms and principles recognised by the Constitution;
  • advertising may not contain images that, by their nature, attract the attention of children;
  • advertising cannot suggest that alcohol has curative and/or therapeutic qualities; and
  • advertising may not contain images and/or messages that relate consumption of alcoholic beverages with driving.
Triana, Uribe & Michelsen

Calle 93B #12–48 Piso 4
Bogotá, DC, 110221
Colombia

+57 601 601 9660

+57 601 611 4209

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Authors



Triana, Uribe & Michelsen is a boutique firm well known for its prompt and accurate legal advice. Triana, Uribe & Michelsen is among the most recognised law firms in Colombia with respect to intellectual property matters, entertainment, advertising, franchising and licensing business endeavours, related litigation and/or mediation/arbitration. It is the only Colombian firm that is a member of the Global Advertising Lawyers Alliance (GALA). Within the firm, Juan Carlos Uribe and Sandra Ávila-González provide a wide range of services concerning advertisement law. The firm assists its clients in all matters related to contests (games of chance, sweepstakes and skill-based games) and advises on the requirements of the Consumer Protection Statute, resolving all legal issues related to advertisements, publications, marketing, commercials, trade, packaging and labels.

As electronic cigarettes are regulated under the Consumer Protection Statute, before any more specific regulations, the Superintendence of Industry and Commerce initiated a series of investigations into British American Tobacco Colombia SAS, LifeTech SAS and Grupo DYI SAS.

The basis of the investigation was that electronic cigarettes are sources of nicotine and other components harmful to health, where the Consumer Protection Statute establishes that all risks must be disclosed. Initially, the companies were fined, based on advertisement regulations, amounts of USD319,000, USD59,000 and USD5,000, respectively.

The subsequent legal decision was based on the fact that the packaging, containers and advertising of these products lacked warnings about contraindications in relation to the health of consumers. According to the initial decision, all providers of electronic cigarettes must fulfil the following requirements.

  • Supply information in a clear, timely, sufficient and precise manner, in Spanish, regarding all products offered through either a website or advertising pieces issued physically or digitally by marketers.
  • Inform consumers that electronic cigarettes contain nicotine salts and vaping liquids, which are harmful products. This information must be provided in fully legible characters on labels, containers, packaging or an insert. Moreover, the harmful effects must be described, as well as the conditions or indications necessary for correct use and any contraindications.
  • Ensure that future physical or digital advertising clearly warns the public about the harmfulness of the components of vaping products, specifically nicotine salts and vaping liquids, as well as regarding the need to consult the list of conditions or indications for correct use and contraindications.

Nonetheless, the decisions were subject to appeal. Indeed, British American Tobacco Colombia SAS filed an appeal, but the resolution issued in response thereto left some uncertainties. The appeal decision was as follows.

“With respect to the survey results, the Directorate considered that they were not consistent, as they reflected different interpretations of the information provided.

However, this Chamber departs from the lower court’s decision, considering that there is no legal obligation for providers of electronic nicotine delivery systems (ENDS) or electronic non-nicotine delivery systems (ENNDS) regarding the manner in which they must disclose the nicotine content, which makes it difficult to determine whether the information was timely, sufficient, accurate, and clear”.

Thus, it became clear that a regulation for ENDS was overdue. It is very important to point out that, with regard to product information, the purpose is to ensure that the consumer is duly informed. To achieve this objective, manufacturers and distributors have a basic duty to guarantee that consumers have all the necessary information to make duly informed choices among the variety of goods offered in the market, and thus to make appropriate consumption decisions.

In the words of the Constitutional Court, the legal system seeks to “compensate for, through various measures, the disadvantaged position of consumers and users – who generally possess limited knowledge and capabilities – in relation to the forces of production and commercialisation of goods and services necessary for the satisfaction of their material needs”’.

ENDS, similar non-nicotine systems (SNNS), heated tobacco products (HTPs) and oral nicotine products (ONPs) – and their compounds – are harmful to health. There is no doubt as to the obligation to disclose their harmfulness, as well as the conditions of use and contraindications.

Regarding the use of discretionary language, some health effects may depend on a series of variables, which could be known or unknown. It is reasonable to expect this situation to be communicated in a clear, truthful and unambiguous manner. In advertisements from British American Tobacco Colombia SAS, it was observed that, in some cases, categorical language was used with respect to certain risks (“flammable”, “reacts violently with water”, “causes burns”, etc) while in others equivocal language was employed (“may cause fires”, “may cause cancer”, “may cause genetic alterations”).

The likelihood of harm varies; in certain situations, the risk is so immediate that decisive language reflecting the possibility of harm is required. As already alluded to, the regulation is emphatic in requiring that, when dealing with products harmful to health, such as ENDS, SNNS, HTPs and ONPs, it is necessary to inform the consumer, in a clear manner and in fully legible characters, of the product’s harmfulness, the conditions necessary for proper use and any contraindications.

As manufacturers and distributors were not complying with the foregoing requirement, specific regulation was required. Consequently, legislation regarding electronic cigarettes, vapes, ENDS, SNNS, HTPs and ONPs was passed that equated these products with cigarettes, tobacco products and their derivatives. In other words, all control measures established under Law 1335 of 2009 are now applicable to the foregoing products.

As of 9 May 2025, advertisements of electronic cigarettes, vapes and similar devices must not:

  • be marketed to minors or made specifically to appeal to them, where it is forbidden to directly or indirectly sell tobacco products and their derivatives, ENDS, SNNS, HTPs and ONPs, in any form, to individuals under 18 years of age – in case of doubt, sellers shall require any prospective purchaser of tobacco products to provide proof that they are of legal age;
  • suggest that smoking contributes to athletic or sporting success, popularity, professional success or sexual success; or
  • contain false or misleading information, including terms such as “mild”, light”, “low tar”, “low nicotine” “low carbon monoxide” or any other similar descriptors.

The promotion of electronic cigarettes, vapes and similar devices through billboards, banners, murals, posters, placards or similar media – whether fixed or mobile – is prohibited, as is their promotion through radio, television, cinema, printed media (eg, bulletins, newspapers, magazines) or any other form of mass media.

As per Law 1335 of 2009, as amended by Law 2354 of 2024, the rights of non-smokers include the following:

  • to breathe clean air, free from tobacco smoke, its derivatives and any residues from ENDS, SNNS, HTPs and ONPs;
  • to object when cigarettes, tobacco or its derivatives, ENDS, SNNS, HTPs or ONPs are lit in places where their consumption is prohibited, and to demand that the owner, legal representative, manager, administrator or any person responsible for the establishment in question require the individual(s) engaging in such conduct to immediately cease consumption;
  • to seek recourse before the competent authority in defence of their rights as non-smokers and to demand the protection of those rights;
  • to require the widespread dissemination of information regarding the harmful and potentially deadly effects of tobacco smoke, ENDS, SNNS, HTPs and ONPs; and
  • to report to the competent authority any instance of non-compliance with the provisions of the law.

Breaches of the provisions and regulations are sanctioned as follows.

  • Retail and wholesale traders: a fine equivalent to two (COP2,847,000; approximately USD695) to three (COP4,270,500; approximately USD1,042) times the current legal monthly minimum wage. In the event of recidivism, the fine shall be increased to four (COP5,701,200; approximately USD1,391) to five (COP7,117,500; approximately USD1,736) times the current monthly legal minimum wage.
  • All other cases: a fine of 250 (COP355,875,000; approximately USD86,799) to 300 (COP427,050,000; approximately USD104,158) times the current legal monthly minimum wage. In the event of recidivism, the fine shall be increased to 350 (COP498.225.000 approximately USD121,518) to 400 (COP569.400.000; approximately USD138,878) times the current legal monthly minimum wage.

Following the “regulatory equalisation” of ENDS, SNNS, HTPs and ONPs with cigarettes, tobacco products and their derivatives under Law 2354 of 2024, various implementing regulations were issued. As with cigarettes, tobacco products and their derivatives, ENDS, SNNS, HTPs and ONPs must include health warnings and images issued by the Ministry of Health.

The Ministry of Health and Social Protection, through Resolution No 624 of 8 April 2025, adopted the Manual for the Signage of 100% Smoke-Free Environments and Aerosols Emitted by Substitutes and Imitators. This manual applies to the indoor areas of workplaces and/or public places, such as bars, restaurants, shopping centres, stores, fairs, festivals, parks, stadiums, cafeterias, nightclubs, internet cafés, hotels, trade shows, pubs, casinos, communal areas and waiting zones where public events are held, including cultural and sports venues.

The manual shall enter into force on October 2025, where the concept of “100% smoke-free environments” has been expanded to include “...aerosols emitted by substitutes and imitators”, thereby expressly covering electronic cigarettes and vaping devices.

The second regulation, Resolution No 30838 of May 2025, was issued by the Superintendence of Industry and Commerce, which regulates the consumer’s right to access information regarding cigarettes, tobacco products, their derivatives and substitutes, and the devices required for their operation. Resolution No 30838 establishes a minimum amount of information that must be provided, including:

  • instructions for use;
  • the product’s lifespan;
  • safety warnings, as well as instructions for storage, preservation and proper use;
  • clear and precise assembly instructions for devices;
  • clarification regarding any included accessories;
  • the type of battery required, power specifications, safety recommendations and warnings related to battery use;
  • instructions for device maintenance; and
  • the warranty period.

This information must be presented clearly, in legible Spanish, on the product’s label, packaging, container or accompanying documentation.

Law 2354 of 2024 represents a significant advance in the Colombian legal framework for the protection of public health, extending the comprehensive control measures established in Law 1335 of 2009 to a broader range of tobacco-related products and associated functional devices. By explicitly including ENDS, ENNDS, HTPs and ONPs, among other categories, the legislature has closed a critical regulatory gap that previously allowed emerging products to circulate on the market with limited oversight.

The importance of this legislative development lies in its preventive and corrective character. From a preventive perspective, it reinforces the duty of the state to guarantee the right to health by reducing exposure to products that, although marketed in innovative formats, pose risks analogous to or greater than those of traditional tobacco products. From a corrective perspective, it ensures that the manufacturers, importers and distributors of these products are subject to the same obligations regarding labelling, advertising and information disclosure that already apply to conventional tobacco products, thereby promoting transparency and accountability in commercial practices.

Moreover, Law 2354 of 2024 aligns the Colombian regulatory system with the international standards set forth in instruments such as the World Health Organization’s Framework Convention on Tobacco Control, which emphasises the necessity of adapting legal regimes to evolving forms of nicotine consumption. It also strengthens the enforceability of consumers’ rights by ensuring that all potentially harmful tobacco-related products are subject to uniform control mechanisms, regardless of their technological form.

In conclusion, Law 2354 of 2024 is not merely an extension of existing regulation but a decisive affirmation of the constitutional principles of health protection, consumer safety and regulatory coherence. Its adoption consolidates Colombia’s commitment to confronting the evolving challenges of tobacco control in a dynamic global market.

Triana, Uribe & Michelsen

Calle 93B #12–48 Piso 4
Bogotá, DC, 110221
Colombia

+57 601 601 9660

+57 601 611 4209

tum@tumnet.com www.tumnet.com
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Law and Practice

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Triana, Uribe & Michelsen is a boutique firm well known for its prompt and accurate legal advice. Triana, Uribe & Michelsen is among the most recognised law firms in Colombia with respect to intellectual property matters, entertainment, advertising, franchising and licensing business endeavours, related litigation and/or mediation/arbitration. It is the only Colombian firm that is a member of the Global Advertising Lawyers Alliance (GALA). Within the firm, Juan Carlos Uribe and Sandra Ávila-González provide a wide range of services concerning advertisement law. The firm assists its clients in all matters related to contests (games of chance, sweepstakes and skill-based games) and advises on the requirements of the Consumer Protection Statute, resolving all legal issues related to advertisements, publications, marketing, commercials, trade, packaging and labels.

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Triana, Uribe & Michelsen is a boutique firm well known for its prompt and accurate legal advice. Triana, Uribe & Michelsen is among the most recognised law firms in Colombia with respect to intellectual property matters, entertainment, advertising, franchising and licensing business endeavours, related litigation and/or mediation/arbitration. It is the only Colombian firm that is a member of the Global Advertising Lawyers Alliance (GALA). Within the firm, Juan Carlos Uribe and Sandra Ávila-González provide a wide range of services concerning advertisement law. The firm assists its clients in all matters related to contests (games of chance, sweepstakes and skill-based games) and advises on the requirements of the Consumer Protection Statute, resolving all legal issues related to advertisements, publications, marketing, commercials, trade, packaging and labels.

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