TOBACCO CONTROL LAWS

Superintendency of Industry and Commerce v. Inversiones Glu Cloud S.A.S.

The Superintendence of Industry and Commerce (SIC) fined Inversiones Glu Cloud S.A.S. (Glu) and directed the company to improve product information, health warnings, and contractual fairness to protect consumer rights. This decision followed Glu's appeal of a 2023 SIC sanctioning act, which had initially imposed a higher fine due to the company's failure to provide clear and complete information on its website, product packaging, and advertisements of its electronic nicotine delivery systems (ENDS) and electronic non-nicotine delivery systems (ENNDS).

Despite claiming compliance with certain measures and arguing that the fine jeopardized its business operations as a "young" company, the Directorate of Consumer Protection Investigations of SIC found that Glu continued to violate consumer protection laws. Specifically, the company failed to provide clear and accurate information about the nicotine content, associated risks, and proper usage of its ENDS and ENNDS products. These omissions infringed on consumers' rights to accurate information, health and safety, and truthful advertising, as protected under Colombian law.

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Superintendency of Industry and Commerce v. Inversiones Glu Cloud S.A.S., Resolution Number 55332 of 2024, File N° 21-75913 (2024)

  • Colombia
  • Sep 23, 2024
  • Directorate of Consumer Protection Investigations of the Superintendency of Industry and Commerce

Parties

Plaintiff Superintendency of Industry and Commerce

Defendant o Inversiones Glu Cloud S.A.S.

Third Party

  • Corporación Colombiana de Padres y Madres (Red Papaz)

Legislation Cited

Political Constitution of Colombia

Law 1480 of 2011

Decree 1074 of 2015

Superintendency’s Sole Circular

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
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 Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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