Tobacco Flavor Ban in New Mexico?


56th legislature – STATE OF NEW MEXICO – first session, 2023


Joanne J. Ferrary




     SECTION 1. Section 61-37-2 NMSA 1978 (being Laws 2020, Chapter 46, Section 2) is amended to read:

     “61-37-2. DEFINITIONS. As used in the Tobacco Products Act:

          A. “characterizing flavor” means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information;

          [A.] B. “child-resistant packaging” means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for a normal adult to use properly, but does not mean packaging or a container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time;

          [B.] C. “contraband tobacco products” means any tobacco products possessed, sold, bartered or given in violation of the Tobacco Products Act;

          [C.] D. “delivery sale” means a sale of tobacco products to a consumer in New Mexico in which:

                (1) the consumer submits an order for the sale by telephone, over the internet or through the mail or another delivery system; and

                (2) the tobacco product is shipped through a delivery service;

          [D.] E. “delivery service” means a person, including the United States postal service, that is engaged in the delivery of letters, packages or containers;

          [E.] F. “director” means the director of the alcoholic beverage control division of the regulation and licensing department;

          [F.] G. “distribute” means to purchase and store a product and to offer the product for resale to retailers or consumers;

          [G.] H. “distributor” means a person that distributes tobacco products in New Mexico, but does not include:

                (1) a retailer;

                (2) a manufacturer; or

                (3) a common or contract carrier;

          [H.] I. “division” means the alcoholic beverage control division of the regulation and licensing department;

          [I.] J. “e-cigarette”:

                (1) means 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; but

                (3) does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq.;

          [J.] K. “electronic nicotine delivery system” means an electronic device, including e-cigarettes, whether composed of a heating element and battery or an electronic circuit, that provides a vapor or aerosol of nicotine, the use or inhalation of which simulates smoking;

          L. “flavored tobacco product” means any tobacco

product that contains any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of a tobacco product, that imparts a characterizing flavor;

          [K.] M. “knowingly attractive to minors” means packaging or labeling that contains:

                (1) a cartoon-like character that mimics characters primarily aimed at entertaining minors;

                (2) an imitation or mimicry of trademarks or trade dress of products that are or have been primarily marketed toward minors; or

                (3) a symbol or celebrity image that is primarily used to market products to minors;

          [L.] N. “licensee” means a holder of a license issued by the division pursuant to the Tobacco Products Act;

          [M.] O. “manufacturer” means a person that manufactures, fabricates, assembles, processes or labels tobacco products or imports from outside the United States, directly or indirectly, a tobacco product for sale or distribution in the United States;

          [N.] P. “minor” means an individual who is younger than twenty-one years of age;

          [O.] Q. “nicotine liquid” means a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic nicotine delivery system;

          [P.] R. “person” means an individual, corporation, firm, partnership, co-partnership, association or other legal entity;

          [Q.] S. “retailer” means a person, whether located within or outside of New Mexico, that sells tobacco products at retail to a consumer in New Mexico; provided that the sale is not for resale;

          [R.] T. “self-service display” means a display to which the public has access without the assistance of a retailer or the retailer’s employee; and

          [S.] U. “tobacco product” means a product made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including cigars, cigarettes, chewing tobacco, pipe tobacco, snuff, e-cigarettes or electronic nicotine delivery systems.”

     SECTION 2. Section 61-37-3 NMSA 1978 (being Laws 2020, Chapter 46, Section 3) is amended to read:


          A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor.

          B. A person or a licensee shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a flavored tobacco product.

          [B.] C. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed package, except for individually sold cigars or loose-leaf pipe tobacco.

          [C.] D. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, “nicotine liquid” does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.

          [D.] E. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.”

     SECTION 3. Section 61-37-15 NMSA 1978 (being Laws 2020, Chapter 46, Section 15) is amended to read:


          A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products.

          B. Tobacco products may be sold by vending machines only:

                (1) in age-controlled locations where minors are not permitted; and

                (2) if the tobacco products are not flavored tobacco products.

          C. The sales and display of cigars may be allowed only:

                (1) in age-controlled locations where minors are not permitted; and

                (2) if the cigars are not flavored tobacco products.”

     SECTION 4. Section 61-37-17 NMSA 1978 (being Laws 2020, Chapter 46, Section 17) is amended to read:

     “61-37-17. SIGNS–POINT OF SALE. A retailer shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located [a] printed [sign] signs or [decal] decals that [reads] read as follows:



Teleos Haul

Teleos Haul @ 0mg

One of my favorite eLiquids, Teleos has always been a top tier player in the boutique eLiquid game. At their peak, they had the best Cereal and Milk flavors out there and today and they still do. Too bad they closed shop but not for us always looking for a bargain. Not sure about the Euro market, but all of the remaining stock I could find is being blown out by liquidation sales on the web. I found these 0mg delights quite by accident. All I can says is that I feel lucky. Go and find yourself some if you still can and good luck. It’s worth the hunt.

Teleos eLiquid Descriptions:

Bits E-Juice by Teleos is an exceedingly mouthwatering cereal blend that is as well balanced as it is incredibly robust. This masterpiece very precisely delivers the familiar taste of your favorite “charmed” cereal. Complete with the various tiny marshmallows, this taste is then enhanced with a glass of ice-cold milk for a smooth and velvety finish.

Experiment Two E-Juice by Teleos takes their celebrated Experiment One profile to new heights. It begins with a bowl of your favorite sweetened puffed corn cereal, which is swimming in a bowl of ice-cold milk. It is then enhanced with a hint of creamy vanilla pudding before being graced with undertones of mango and lime.

Alpha E-Juice by Cloud Science is a smooth, sweet, and genuinely delicious blend that delivers various notes with every draw. Similar to cotton candy, this gem offers strawberry-infused sugar top-notes, while the undertones of berries and various rich creams rounds off the velvety exhale masterfully. You will be impressed with the multi-layered profile Alpha affords, making it a pure joy to vape throughout the day.

Boo E-Juice by Teleos flawlessly delivers the memorable taste of your favorite berry crunch cereal. This lip-smacking e-liquid affords a multifaceted flavor experience, with eat note perfectly complementing the others. Upon inhale, your tongue will be graced with the sweet and delectable taste of crunch berry cereal, enhanced with hints of marshmallow. The exhale reveals rich and creamy milk, topped off with the ideal amount of mountain-fresh blueberries.

Pound Cake E-Juice by Teleos is one of the most deliciously-flavorful blends on the market today. This jewel begins with a freshly-baked lemon pound cake that affords the ideal amount of sweetened lemon flavor. It is then coated with a generous portion of gooey frosting, providing for an unequivocally lip-smacking exhale that will have you begging for more.

Delta E-Juice by Cloud Science is a smooth, sweet, and absolutely mouthwatering flavor that is unlike anything you have ever tried. The best way to describe this exclusive concoction is a fruit cobbler, but without the pastry. Mountain-fresh blueberries are mixed with juicy acai berries and plump nectarines, then mixed with raw sugar. It is then reduced down to a delicious filling, tying all of the sweet notes together magnificently.”

Down The Boro Rabbit Hole

Mainstream Boro Box Collection

I decided to get into the boro game in January of this year with the VandyVape Pulse AIO but did not post, my bad. The AIO or All In One is a good thing and became popular with the invention of the Billet Box at the end of 2012. There are a few things I dont care for with an AIO set up. The atty’s are small and dont give a lot of airflow in general because they were initially designed for MTL draws. I prefer RDL or DL draws. Condensation… the atty is enclosed in a box and unless you draw out all the air after you take every normal draw there will be condensation created in the boro tank area and its can become a constant mess making you remove the tank and cleaning out the tank space, doors and inner space. In other words, they need constant cleaning. On the other had, flavor is generally good because of the small chambers that surround the coil. Most boro device dont give more than 80 watts. This is because most of the rba’s are built using small single coils. Accessories are king in this game sometimes costing more than the device itself. Everything beyond what you get from the manufacturer is custom made.

Things have changed, more airflow is trending. The tanks the rba’s fit in generally hold 2-4ml of eLiquid. The Stubby comes with a 9ml tank! The AIO Abyss mod (not pictured) is not only a boro mod but also a SBS or Side by Side mod. Search the blog for pics.

Dont get me wrong, the AIO is a good design but it is a niche design and not for everyone because of its fiddly nature.

Modern mainstream boro devices usually come with whats called a bridge. The bridge will adapt plug and play pre made coils, but not every one of them. Plug and play coils have been used by the masses for a long time in pods and pod mods and are very convenient if you dont want to build and install your own coils. I find them to be easier to work with and more consistent than RBA’s. They do cost more over time than building your own.

If you do decide to go down the boro rabbit hole, be ready for frustration and a learning curve. If you can get over those two things then you will be surprised how fun and good they can be.

Stubby In The House!

Stubby Tank 9ml !
The Purple People Eater

Wow! so stoked and surprised it #1480 came in 9/3. Kudos to Sam Bogen, Suicide and Orca for coming up with a game changing boro device and the tank ain’t bad either. I like the RDL draw and holding that/so much eLiquid is amazing although I change flavors a lot so I am only filling it up about half way. No dry hits so far and the the draw is perfect for me. I appreciate that the Bogan youtube video and availability deployed at the same time. There is nothing worse than watching a review video, deciding you want one and not being able to get the product right away. Bravo and Cheers!

VM 18 On The Way

VM 18

Acquired one of the last of the Vaporesso VM tanks available to me via Element Vape is on the way. Even Vaporesso itself was sold out. This tank uses the venerable EUC ceramic coils which are arguably one of the best pre-made sub-ohm coils out there for flavor and longevity. The decision was made because of the current cost, availability and selection of simple bridges for Boro style tanks. We will see how this goes. More later.