Colombia's Competition Authority Orders Suspension of Hidralyte Amid Trademark Dispute with Electrolit

By Castillo Grau Abogados

The Superintendency of Industry and Commerce (SIC), Colombia's consumer protection and competition authority, has ordered the company Quala S.A. to halt the manufacturing, importation, distribution, and sale of its oral rehydration beverage Hidralyte across the country. The measure was issued through the SIC's Delegatura para Asuntos Jurisdiccionales, the branch of the agency responsible for adjudicating commercial disputes, in response to a case brought by Pisa Farmacéutica de Colombia S.A., the company that markets Electrolit in the Colombian market.

The order, known as Auto 74750 and dated July 8, 2026, confirmed precautionary measures the authority had first announced earlier in the year, in a prior ruling issued on February 25, 2026 under Auto 19487.

According to public statements from the SIC, the dispute centers on allegations of unfair competition, a legal category under Colombian commercial law that addresses practices considered deceptive or damaging to a competitor's market position. Pisa Farmacéutica argued that several design elements of Hidralyte's packaging closely resemble the distinctive commercial presentation, or "trade dress," associated with Electrolit.

The elements cited in the case include the shape of the bottle, the raised textures on the container, the color of the cap, the typography used on labels, and the overall color combination, all of which the complainant said could create a risk of confusion for consumers at the point of sale.

The scope of the order extends beyond the current product formulation. Quala is required to suspend not only the packaging version currently in question but also any future presentation of Hidralyte that maintains similar characteristics to those at the center of the dispute. The SIC further instructed the company to remove existing inventory of Hidralyte in its current packaging from retail locations, distribution centers, warehouses, and any other commercial channels throughout Colombian territory.

Beyond the withdrawal of physical products, the ruling also addresses marketing and promotional activity. Quala must temporarily suspend all advertising and promotional campaigns tied to Hidralyte, including content published on social media platforms such as Instagram, TikTok, YouTube, and Facebook, as well as on official websites, for as long as the judicial process continues. The company is additionally required to notify, in writing, all of its commercial partners, including distributors, advertising agencies, and social media influencers, informing them that promotional and sales activity linked to the product must stop.

Transparency toward consumers forms another component of the decision. The SIC ordered Quala to publish a visible notice on its official corporate channels clarifying three specific points: that no commercial relationship exists between Quala and Pisa Farmacéutica, that Hidralyte is not classified as a medication or an oral rehydration serum in the pharmaceutical sense, and that its registration with Colombia's National Food and Drug Surveillance Institute (Invima) places it in the category of a food product or energy beverage rather than a medicinal formulation.

Quala has been given a two-month period to demonstrate full compliance with the measures to both the SIC and Invima, the agency responsible for regulatory oversight of food and pharmaceutical products in Colombia. Under Colombian administrative procedure, precautionary measures of this kind must be carried out immediately even if the affected party files appeals, while the substantive dispute continues to be examined by the relevant judicial authorities. The case remains ongoing, and a final ruling on the underlying unfair competition claim has not yet been issued.

The dispute unfolds within a broader Colombian market for oral rehydration and electrolyte beverages that has expanded significantly in recent years, with Electrolit and competing products gaining wide consumer recognition amid rising demand for hydration beverages marketed toward both general consumers and athletes.