Resolution Project To Adjust The Evaluation Procedure Of Labeling & Packaging Of Tobacco - Consumer Protection - Colombia Law Articles in English - Mondaq Business Briefing - Books and Journals - VLEX 665257545

Resolution Project To Adjust The Evaluation Procedure Of Labeling & Packaging Of Tobacco

Author:Mr Juan Uribe (Triana, Uribe & Michelsen) and Laura Escobar (Triana, Uribe & Michelsen)
Profession:Global Advertising Lawyers Alliance (GALA)

Colombian Ministry of Health ("The Ministry") is working on a Resolution Project to adjust the evaluation procedure of labeling and packaging of cigarettes, tobacco and products containing tobacco ("The Products"). In that sense, the object of this communication is to provide a summary of the important aspects of this new project.

The first thing to consider is that this Resolution would apply not only to national manufacturers and marketers, but also to importers of The Products into Colombia, who should include sanitary warning phrases and pictograms in the package of The Products and comply with some advertising regulations.

Regarding the sanitary warning phrases that should be included in the package

The sanitary warnings should be visible at all times; occupy at least the 30% of each of the package's principal surfaces, and the text should be in Spanish in a white background box having a black border (that should measure 0.5 millimeters), with Helvetica type 14 points in black, which must be located parallel to the bottom of the package.

In connection with the pictograms that should be included in the package

The pictograms must be printed in polychrome with indelible ink. Moreover, there must be six (6) warning phrases and six (6) pictograms (each pictogram matching its corresponding warning phrase). The aforementioned printed packs must be equally distributed in all commercial embodiments containing the packs, which must be arranged such that each one appears in an equal number of packages belonging to a family of trademarks.

Prohibitions regarding the packages

Pictograms or health warnings cannot be placed in the transparent wrapping or in any other outer packaging paper.

Also, the packages cannot include any elements that induce or are likely to mislead the consumer regarding The Product's characteristics, health effects or risks. They should not contain descriptive terms or elements, trademarks, figurative signs or any element that may have an direct or indirect effect in creating the false impression that The Products are less harmful than others; nor can it be aimed at minors or suggesting that smoking contributes to athletic or sports success, popularity, professional success, or sexual...

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