TOBACCO CONTROL LAWS

Directorate of CPI of SIC v. Coltabaco S.A.S. et al.

In 2017, the Directorate of Consumer Protection Investigations of the Superintendency of Industry and Commerce (SIC) opened an investigation following a complaint to prompt SIC to stop marketing of IQOS, Philip Morris's heated tobacco product.

SIC dismissed the complaint after taking the following into consideration:

- The Ministry of Health asked for IQOS products to be treated as tobacco products.
- SIC focused on the fact that only the tobacco sticks for heated tobacco products, as opposed to the IQOS device, are mandated to have health warnings.
- According to SIC, IQOS does not fall under the authority of the tobacco control law in Colombia (Law No. 1335).
- IQOS marketing practices have not violated consumer protection regulations in Colombia.

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Dir. of CPI of SIC v. Coltabaco S.A.S. et al., 17 -82520- -58-0, Bogotá, D.C. (2019).

  • Colombia
  • Dec 27, 2019
  • Directorate of Consumer Protection Investigations of the Superintendency of Industry and Commerce
View Case History

Parties

Plaintiff Directorate of Consumer Protection Investigations of the Superintendency of Industry and Commerce

Defendant

  • Coltabaco S.A.S.
  • Philip Morris Colombia S.A. (PMC)

Legislation Cited

Law No. 1109 Approving the WHO Framework Convention on Tobacco Control

Law No. 1335

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

Decision in Spanish

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

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 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.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

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