New Mexico Flavored Tobacco Local Authority Rules

The Tobacco Products Act in NMSA 1978 Chapter 30, Article 49 establishes minimum statewide rules for tobacco and nicotine products but does not prohibit menthol cigarettes or flavored e-liquids. Federal regulation limits flavored cigarette sales but permits flavored e-cigarettes outside premarket-authorized products. Because New Mexico's tobacco preemption is limited, municipalities and counties may adopt local ordinances banning flavored tobacco sales, restricting flavored vape retailers, or imposing additional licensing burdens on flavored product sellers. Local boards of health and city councils have used this authority to address youth nicotine addiction.

Where adopted locally, flavored tobacco ordinance violations typically carry administrative fines and potential local tobacco license suspension or revocation.