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.”

Flavor Lot

After purchasing a collection of individual flavors from someone not using them, this is my DIY flavor list as of today with the help of e-liquid-recipes. Please leave a comment if you use any of these and with what recipes. Italic indicates what I had already purchased new.

555 Gold (Inawera)
7Leaves Ultimate (FA)
Bakery Spice Blend (VTA)
Banana (FA)
Banana Cream Pie (Gremberry)
Beer Nuts (Flavorah)
Black Honey (Tobacco) (TPA)
Blue Gremlin (Gremberry Farms)
Blueberry Extra (TPA)
Blueberry(Wild) (TPA)
Caramel (Caramello) (FA)
Caramel Popcorn and Peanuts (SC)
Cinnamon Sugar (SiLine) (CP)
Coffee, Espresso (Dark Bean, Caffe) (FA)
Cured Tobacco (Flavorah)
Double Apple (Cap)
Dulce de Leche (TPA)
Dulce de leche caramel (TPA)

Fig (VTA)
Flue Cured (Hangsen)
Fuji Apple (Cap)
Glory (FA)
Gold Ducat (Inawera)
Golden Virginia (FE)
Graham Cracker Clear (TPA)
Horchata (Cap)
Joker / Burlone (Pazzo) (FA)
Juicy Peach (Cap)
Li Hing Mui (DFS)
Mandarin (FA)
Mango (Costarica Special) (FA)
Mango Sticky Rice (Shyndo)
Marshmallow (Cap)
Oatmeal Raisin (Flavorah)
Peanut Butter (DX) (TPA)
Pistachio Cream (SC) (WF)
RY-4 (Inawera)
Shacks Lama(DIY)
Sweet Mango (Cap)
Sweet Tangerine (Cap)

Tobacco Nutty Princess- (Inawera)
Tobacco Virginia (Inawera)
Vanilla Bean Ice Cream (Cap)
Vanilla Custard (Cap)
Vanilla Custard (FA)
Vanilla Custard II (TPA)

Vanilla Ruyan Custard (WF)
Whipped Marshmallow (Silverline) (Cap)
White Gremlin (Gremberry Farms)
Winter Oak (GJ)
Yellow Cake (FW)

Custard Heaven

VC Elixers

Picked up some Wizard Labs ADV elixirs to experiment with. I have been using the Capella V2 in my AeroCustard (Grants VC clone) for a while and want to try some others to compare. The FA VC II is supposed to be the bomb. Excited!