New Mexico

               

Brief Overview

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

Tobacco control

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 § 6.12.4.7(B) (2016)

Nicotine liquid container means “a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette.” N.M. Stat. Ann. § 30-49-2(D) (2017); N.M. Admin. Code § 6.12.4.7(E) (2016)

Trade practices

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)

Nicotine liquid must be sold in child-resistant containers (unless prefilled, sealed, and not intended to be opened by consumer): N.M. Stat. Ann. §§ 30-49-3(D) and 57-2C-1 (2017)

E-cigarettes and nicotine liquid containers must be sold in “original factory-sealed package”: N.M. Stat. Ann. § 30-49-3(C) (2017)

Sale/distribution of e-cigarettes or a nicotine liquid container to persons under age 18 prohibited: N.M. Stat. Ann. §§ 30-49-3(A),(E) (2017); 30-49-8(A) (2017)

Procurement of e-cigarette or nicotine liquid container by persons under age 18 prohibited: N.M. Stat. Ann. § 30-49-3(B) (2017)

Self-service displays and vending machine sales of e-cigarettes and nicotine liquid containers restricted to locations inaccessible by minors: N.M. Stat. Ann. §§ 30-49-7(A)(B) (2017)

Use/possession/distribution of nicotine liquid containers and e-cigarettes prohibited on school property and by students at school-sponsored activities: N.M. Admin. Code § 6.12.4.8(A) (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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