Newsflash 4 November, 2020 Colombia

New bill that seeks to regulate the use of vapers and nicotine products

 Intellectual Property

The accelerated increase in the consumption of electronic systems of nicotine delivery (SSSN), and tobacco warmers (vapers or electronic cigarettes) in the country, has called the attention of the Colombian government, as well of that of the different national authorities.

In this sense, even though several proposals that seek to regulate this type of products have been studied in Congress, the projects have not advanced and thus have been archived. Nevertheless, in a new attempt to regulate this market and even the consumption of nicotine in general, at the beginning of the month of November 2020, a new initiative will be presented that initially proposes to:

1. Prohibit the advertising and sales of products nicotine administering products’ and of those without nicotine to minors. 

2. Prohibit the use of these devices in places where minors are present such as:  restaurants, malls, stores, fairs, parks, stadiums, cybercafés, waiting areas, communal areas and any other place where minors are present. 

3. Regulate the information described on the packages of this type of products, so that they are not directed to minors and not make reference or suggest that vaping contributes to athletic or sports achievement, to popularity, professional success or sexual accomplishment. On the contrary, packaging can only include information supported by scientific evidence.

4. Carry out campaigns through which consumers are informed on the noxious effects derived from the consumption of such products, so that each user can take the conscious decision of using them or not.   

5. Prohibit sales in vending machines than can be accessed by minors.   

6. Inspection, surveillance, and control on this type of products by the corresponding authorities. 

Those who propose this alternative make special emphasis on that it is not about prohibiting the commerce and consumption of these systems, it is to regulate it in a way in which an adequate and safe practice is guaranteed for consumers and minors.

If you wish further information, please contact the Intellectual Property and Life Sciences team. We will be happy to offer you quality counseling.