Committee hears hours of testimony on HB268 to create state vape-product directory; sponsor rolls bill to refine language

Representative Dela Cruz introduced House Bill 268, a proposal to establish a New Mexico nicotine vapor product directory to limit youth access to illicit vape products and give retailers a clear list of products that meet federal standards. The sponsor asked the committee to defer detailed debate and work on amendments with members before the measure moves forward.

Proponents included manufacturers, wholesalers, distributors and retail associations who said a state registry would help retailers identify compliant products and remove illicit items from shelves. David Fernandez, vice president of public policy at Altria, showed committee members vaping devices he said were purchased locally and described them as products that bypass federal review. Retailers, wholesalers and convenience-store representatives — including Leland Gould of the New Mexico Petroleum Marketers, Ron Brown (Latitudes), Scott Williams (Core Mark) and Dan Kaufman (Gem State Distributors) — told the committee that uncertainty over which products are FDA‑compliant makes compliance and age‑verification difficult and that a state directory would level the playing field.

Several small business owners and store operators speaking in person and on Zoom echoed the need for clarity to avoid federal enforcement actions and to avoid unintentionally selling illegal products. Dave Dobbins, a former tobacco‑control official now consulting for tobacco‑harm‑reduction manufacturers, also testified in favor, saying unregulated products drive youth use and that the registry would bring manufacturers into a system accountable to federal regulators.

Opponents included public‑health and health‑advocacy organizations that said the bill would be expensive, duplicate federal authority and could divert resources from evidence‑based youth‑prevention work. Representative Joanne Ferrari (testifying from experience on the Tobacco Settlement Revenue Oversight Committee), Linda Siegel of the American Cancer Society Cancer Action Network and Mahesh Sita of the American Heart Association said the Department of Health’s fiscal impact review estimated significant state implementation costs and that taxation and price increases are the most effective levers to reduce youth use.

Committee members pressed witnesses on how the federal premarket review process operated and whether FDA’s actions were sufficient. Witnesses replied that many products on U.S. shelves are made by manufacturers that have not submitted to FDA or have circumvented the federal process, and that FDA enforcement alone has not removed those items.

Lawmakers also raised enforcement and scope questions: whether products that are components (for example, batteries or housings) would be covered, how the bill would treat products pending FDA review or subject to court stays, and the fiscal costs of standing up a new registry. Witnesses said some states (Louisiana was cited repeatedly) previously adopted similar directories and that those states later amended language after initial implementation.

After extended discussion and public comment in favor and against, Representative Dela Cruz moved to “roll” the bill — to defer it and work with committee members on amendments. Committee leaders agreed, and the bill was rolled for further work rather than voted on.

Votes and formal actions: none taken on HB268 in this hearing; the sponsor asked to carry the bill forward with revisions.