Tobacco Product Compliance
DO NOT SELL THESE CIGARETTES IN NEW MEXICO
These Brands/Families
are non-compliant
with New Mexico Statute.
Seneca
Opal
A-One
Arrow
D’Best
Decade
Desert Sun
Diamond Diamond
Double Diamond
Kingsley
Lakes
Marathon
Mega
Miss Diamond
Rogers
Sher Bidi
Signal
Stars & Stripes
Unify
Unity
Yukon
THIS IS NOT A COMPLETE LIST – PLEASE CHECK OUR
DIRECTORY
IF YOU HAVE ANY QUESTIONS.
LICENSED DISTRIBUTORS ARE NOT ALLOWED TO SELL ANY CIGARETTES THAT ARE NOT LISTED
ON THE ATTORNEY GENERAL’S
DIRECTORY.
updated May 21, 2009
NM Law forbids the sale of Kreteks or any clove content cigarettes.
In November 1998, four of the major tobacco manufacturers, Philip Morris, RJ Reynolds,
Brown & Williamson and Lorillard, settled lawsuits filed by New Mexico, 45 other
states, the District of Columbia, and five United States Territories by agreeing
to enumerated prohibitions and other restrictions on the marketing and advertising
of their tobacco products and to compensate the States for costs associated with
health care problems attributable to the use of the companies’ tobacco products.
This agreement is known as the Tobacco Master Settlement Agreement or “MSA”.
Since the MSA was first executed over forty tobacco product manufacturers have joined
the agreement.
As a corollary to the MSA, the State of New Mexico has enacted laws that impact
on tobacco product manufacturers who intend to sell their product in New Mexico.
One statute is located at NMSA 1978, §§ 6-4-12 &13(1999) and is commonly
known as the Model Escrow Statute. The tobacco Model Escrow Statute requires a tobacco
product manufacturer (which term is defined in the statute and in general includes
fabricators or first line importers of cigarettes and roll-your-own cigarette tobacco),
who sell product in New Mexico, to either become a participant of the MSA and comply
with its terms or to establish an escrow account to the satisfaction of the New
Mexico Office of the Attorney General (“AGO”) and to pay into said escrow
account in accord with Section 6-4-13 as a “non-participating manufacturer”.
A failure on the part of a tobacco product manufacturer selling its product in New
Mexico to abide by the tobacco Model Escrow Statute will expose that tobacco product
manufacturer to civil penalties and other sanctions.
Additionally, the New Mexico Legislature recently passed and the Governor signed
into law another statute to complement the tobacco Model Escrow Statute, which complementary
legislation can be found at NMSA 1978, Sections 6-4-14 -6-4-24 (the Tobacco Escrow
Fund Act)(the “Act”). Under the Act, among other things, all tobacco
product manufacturers who intend to sell their tobacco product in New Mexico are
obligated to first qualify for inclusion in a Directory established by the AGO,
which Directory contains the brand names and families of tobacco products that are
compliant with the tobacco Model Escrow Statute and the Act. Only brand names and
families in the Directory may be sold in New Mexico. A brand of tobacco product
not included in the Directory is considered contraband and subjects its manufacturer
to civil penalties and other sanctions and the product to seizure.
Tobacco Manufacturers Directory
Complimentary Legislation
Compliance Form (PDF)
Instructions for Complimentary Legislation
Compliance Form (PDF)
Escrow Deposit Certificate Form - Quarterly (PDF)
Escrow Deposit Certificate Form - Annual (PDF)
Quarterly Escrow Certification must be used unless written permission has been
received by the NM Attorney General that the quarterly requirement of reporting and
payment has been waived for your company.
NPM SUPP. A. - Non-Participating Manufacturer’s Sales Information (PDF)
Notice of Pending Litigation
If you have questions, additions, or changes regarding the lists of tobacco product
manufacturers, please contact:
Claudia Ravanelli at crav...(click to show)...@nmag.gov