In light of growing concerns regarding electronic cigarettes,
vapes, or, technically, 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.
That is to say, as of May 9, 2025, electronic cigarettes, vapes,
and similar devices shall not:
a) be marketed to minors or be made especially appealing to
them;
b) suggest that smoking contributes to athletic or sporting
success, popularity, professional success, or sexual success;
c) contain false or misleading advertising, including the use of
terms such as “mild,” “light,”
“low-tar,” “low-nicotine,” “low-carbon
monoxide,” or similar descriptors.
The promotion of these products is prohibited through the use of
billboards, banners, murals, posters, placards, or similar media,
whether fixed or mobile, as well as through radio, television,
cinema, printed media such as bulletins, newspapers, magazines, or
any form of mass distribution.
Finally, as with cigarettes, tobacco products, and their
derivatives, Electronic Nicotine Delivery Systems (ENDS), Similar
Non-Nicotine Systems (SNNS), Heated Tobacco Products (HTPs), and
Oral Nicotine Products (ONPs) must include health warnings and
pictograms issued by the Ministry of Health, some of which for the
current year are as follows:
Following the regulatory equalization of Electronic Nicotine
Delivery Systems (ENDS), Similar Non-Nicotine Systems (SNNS),
Heated Tobacco Products (HTPs), and Oral Nicotine Products (ONPs)
with cigarettes, tobacco products, and their derivatives under Law
2354 of 2024, various implementing regulations were issued.
The first was issued by the Ministry of Health and Social
Protection through Resolution No. 624 of April 8, 2025, which
adopted the Manual for the Signage of 100% Smoke-Free Environments
and Aerosols Emitted by Substitutes and Imitators. This Manual
applies to indoor areas of workplaces and/or public places, such
as: bars, restaurants, shopping centers, stores, fairs, festivals,
parks, stadiums, cafeterias, nightclubs, internet cafés,
hotels, trade shows, pubs, casinos, communal areas, and waiting
zones where mass events are held, among others, including cultural
and sports venues.
The Manual shall enter into force on October 8, 2025, and the
main change is that the expression “100% smoke-free
environments” is expanded to include “and
aerosols emitted by substitutes and imitators“, thereby
expressly covering electronic cigarettes and vaping devices, which
must now be signaled as follows:
The second regulation was Resolution No. 30838 of May 22, 2025,
issued by the Superintendence of Industry and Commerce.
The Superintendence of Industry and Commerce regulates the
consumer’s right to access information regarding cigarettes,
tobacco products, their derivatives, substitutes or imitators, and
the devices required for their operation.
The regulation establishes a minimum set of information that
must be provided, including:
- Instructions for use.
- Product lifespan.
- Safety warnings, as well as instructions for storage,
preservation, and proper use. - Clear and precise assembly instructions for the devices.
- Identification of included accessories.
- Type of battery, power specifications, safety recommendations,
and warnings related to battery use. - Instructions for device maintenance.
- Warranty period.
This information must be presented clearly, in legible
characters, in writing, and in Spanish, and must be included either
on the product’s label, packaging, container, or accompanying
documentation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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