Category: Vaping Industry

Info about the vaping industry

Tobacco Flavor Ban in New Mexico?

On By michaelvaporsIn eLiquid, Vape Advocacy, Vape Community, Vaping Industry

HOUSE BILL 94

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

INTRODUCED BY

Joanne J. Ferrary

AN ACT

RELATING TO TOBACCO PRODUCTS; PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS; DEFINING TERMS; CONFORMING CERTAIN NOTICE REQUIREMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     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:

     “61-37-3. PROHIBITED SALES–MANUFACTURING–LABELING–MARKETING–SAFETY REQUIREMENTS.

          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:

     “61-37-15. VENDING MACHINES–RESTRICTIONS ON SALES OF TOBACCO PRODUCTS.

          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:

          A. “IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.”; and

          B. “IT IS ILLEGAL TO SELL FLAVORED TOBACCO PRODUCTS”.

Regulation Happens… To Synthetic Nicotine

On By michaelvaporsIn Vaping Industry

Newer Five Pawns synthetic nicotine flavors

I have never tried synthetic nic. I never wanted to, but for those who do, there is trouble ahead. Even Five Pawns switched to synthetic nic. Here is breakdown from the National Law Review by Azim Chowdhury.

“FDA Receives Authorization to Regulate Synthetic Nicotine
Wednesday, March 16, 2022
On March 15, President Joe Biden signed a $1.5 trillion omnibus spending bill to fund the federal government through September. The bill, as passed, includes a provision amending the definition of “tobacco product” in Section 201(rr) of the Federal Food, Drug, and Cosmetic Act (“FDCA”) as “any product made or derived from tobacco, or containing nicotine from any source, that is intended for human consumption.” 21 U.S.C. 321(rr). Now that it is law, this provision closes the synthetic nicotine “loophole” and puts synthetic nicotine products under the U.S. Food and Drug Administration’s (FDA) tobacco regulatory authority.

The law will become effective 30 days after the bill’s enactment, i.e., on April 14, 2022 (“Effective Date”). Any synthetic nicotine product currently on the U.S. market as of April 14, 2022, can remain on the market for an additional 30 days until May 14, 2022 (the “Synthetic Nicotine PMTA Submission Deadline”). Manufacturers of synthetic nicotine products wishing to take advantage of FDA’s compliance policy and enforcement discretion after that date must submit a premarket tobacco product application (PMTA) to FDA by the enforcement date. If a PMTA is submitted in a timely manner, the product(s) may remain on the market for an additional 90 days after the effective date, i.e., until July 13, 2022. After July 13, 2022, any synthetic nicotine product not authorized by FDA must come off the market.

EVENT DATE NOTES
Bill Enactment March 15, 2022
Effective Date April 14, 2022
Deadline for any new* synthetic nicotine products to enter the market

Deadline for modified synthetic nicotine products to remain on the market

Synthetic Nicotine PMTA Submission Deadline May 14, 2022 (Saturday)
Deadline for submitting PMTAs for all synthetic nicotine products on the U.S. market as of the Effective Date
Final date July 13, 2022 (Wednesday) Deadline for unauthorized synthetic nicotine products to remain on the U.S. market
Notably, under the provision, a synthetic version of an existing nicotine product that went through the PMTA process and is now subject to a Refuse-to-Accept (RTA), Refuse-to-File (RTF), Marketing Denial Order (MDO), or withdrawal of a marketing order may not be marketed beyond the effective date, i.e., April 14, 2022. In other words, products originally formulated with tobacco-derived nicotine that were refused or denied authorization by FDA, then modified to use synthetic nicotine instead (and that is the only modification), will effectively be banned on April 13, 2022. Manufacturers of these products will not be given an opportunity to submit a new PMTA. This appears to be Congress’s way of doubling down on products that, in Congress’ view, switched to synthetic nicotine to get around the PMTA process.

Beyond the PMTA submission requirement, manufacturers of synthetic nicotine products will be subject to all requirements of regulations for tobacco products. This likely includes all other Tobacco Control Act requirements, including tobacco product establishment registration and product listing; ingredient listing; label compliance; and health document submissions, among others. We anticipate that FDA will provide guidance on deadlines for these requirements in the near future.”

https://www.natlawreview.com/article/fda-receives-authorization-to-regulate-synthetic-nicotine