The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).
As of December 2015, the only restriction on the use of e-cigarettes is on the premises of schools and at school sponsored events. ‘No Vaping’ signage posted on school premises must also be abided by. Further local regulations may also restrict the use of e-cigarettes, so please check with local authorities for further information on any local vaping laws.
There are a number of e-cigarette stores to be found in New Mexico, mainly in and around the Albuquerque area and El Paso, with only a very number to be found throughout other areas of the state.
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All Laws & Regulations
E-cigarette means “(1) . . . any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and (2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor . . . .” N.M. Stat. Ann. § 30-49-2(B) (2017); N.M. Admin. Code § 126.96.36.199(B) (2016)
Electronic delivery device means “any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking.” N.M. Stat. Ann. § 57-2C-1(C)(2) (2017)
Nicotine liquid container means “a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device [excepting those] pre-filled and sealed . . . and not intended to be opened by the consumer.” N.M. Stat. Ann. § 57-2C-1(C)(3) (2017)