Committee delays HB268 after hours of debate over vape product directory

Representative Patricia Dela Cruz introduced House Bill 268 to the Commerce & Economic Development Committee, a proposal to create a New Mexico nicotine vapor product directory intended to reduce youth access to illicit vape products.

Supporters said the directory would give retailers an authoritative list of products they can legally sell and would clear the market of contraband devices. David Fernandez, identified as vice president of public policy at Altria, brought sample products to the committee and told members the items "are vaping devices disguised as toy figures and gaming devices clearly marketed to our children." Leland Gould, representing the New Mexico Petroleum Marketers, said "hundreds of small business owners" back the bill because a directory would help retailers know what is legal. Retailers and wholesalers, including Ron Brown (Latitudes), Scott Williams (Core Mark) and Dan Kaufman (Gem State Distributors), said a single state registry would reduce the risk that lawful sellers unknowingly stock products that could prompt federal enforcement.

Opponents and several public-health witnesses told the committee they feared the proposal would divert state resources from prevention and enforcement. Linda Siegel of the American Cancer Society Cancer Action Network said the Department of Health and other agencies had told the committee that a registry is not an effective strategy to reduce youth use and that regulatory setup costs had been estimated at about $1,500,000. She said the Department of Health and the attorney general's office opposed the bill. Mahesh Sita of the American Heart Association and other public-health witnesses urged lawmakers to rely on taxes and proven prevention strategies.

Committee members questioned how state law would interact with federal authority. Multiple witnesses described a federal regulatory pathway through the Food and Drug Administration that authorizes some products, but said many novel devices on store shelves were manufactured and imported outside of FDA's approval process. The bill's proponents said other states that have adopted directories, including Louisiana, reported rapid reductions in illicit products on traditional retail shelves.

Lawmakers pressed sponsors on costs and enforcement. An expert witness told the committee that some states penalize distributors who sell products not on a directory and that fines of about $10,000 and the risk of license revocation have driven compliance among licensed wholesalers elsewhere. Committee members also heard estimates in the record that establishing and operating a state registry could require a major IT update and recurring staff costs; one figure cited during testimony for a platform update was about $1,500,000 plus roughly $500,000 to hire six staff to operate the system.

After extended questioning and public testimony from retail owners, wholesalers, tobacco-industry representatives, public-health groups, and several legislators, Representative Dela Cruz told the committee she would "roll the bill" to work with members and stakeholders and return it with possible amendments. The committee did not vote on HB268 during the hearing.

With further drafting and negotiation expected, the sponsor said she would work with members on enforcement language and other changes before the bill returns to committee.