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Not Substantially Equivalent Orders

ALERT:  On October 19, 2018 the United States Food and Drug Administration (“FDA”) issued Not Substantially Equivalent (“NSE”) Orders that prohibit the sale of two of Seneca Manufacturing Company’s brand families, Heron and Sands, effective that date. 

The NSE Orders mean that the FDA considers Seneca Manufacturing Company’s Heron and Sands cigarettes to be misbranded or adulterated.  When a tobacco product is misbranded or adulterated, it is illegal to sell or distribute the product in interstate commerce in the United States or import the product into the United States.  In addition, a tobacco product that is subject of an NSE Order is subject to seizure at any time. 

For more information, including each brand style that is the subject of the NSE Orders, please see the following page on the FDA’s website: https://www.fda.gov/TobaccoProducts/Labeling/TobaccoProductReviewEvaluation/ucm371765.htm


ALERT:  On July 5, 2018 and August 23, 2018, the United States Food and Drug Administration (“FDA”) issued Not Substantially Equivalent (“NSE”) Orders that prohibit the sale of two of Smokin Joes brand families, Smokin Joes and Smokin Joes Natural. 

The NSE Orders mean that the FDA considers Smokin Joes and Smokin Joes Natural cigarettes to be misbranded or adulterated.  When a tobacco product is misbranded or adulterated, it is illegal to sell or distribute the product in interstate commerce in the United States or import the product into the United States.  In addition, a tobacco product that is subject of an NSE Order is subject to seizure at any time. 

For more information, including each brand style that is the subject of the NSE Orders and the effective date of each of the NSE Orders, please see the following page on the FDA’s website: https://www.fda.gov/TobaccoProducts/Labeling/TobaccoProductReviewEvaluation/ucm371765.htm


ALERT: On September 15, 2015 the United States Food and Drug Administration (FDA) issued Non-Substantial Equivalency (“NSE”) Orders with respect to four of R.J. Reynolds’ cigarette brand styles.

This means that, after October 14, 2015 (the 30 day retail non-enforcement period provided for by the FDA), no one may sell, distribute or import these four cigarette brand styles. In addition, a tobacco product that is subject of an NSE order is subject to seizure at any time. The four RJR Brand Styles subject to the 9/15/15 NSE Orders are:

  • CAMEL Crush Bold
  • PALL MALL Deep Set Recessed Filter
  • PALL MALL Deep Set Recessed Filter Menthol
  • VANTAGE Tech 13

NM Law forbids the sale of Kreteks or any clove content cigarettes.

DO NOT SELL THESE CIGARETTES IN NEW MEXICO

These Brands/Families may not lawfully be sold in New Mexico, either because they have not been approved for sale by the Office of the Attorney General or because they are otherwise unlawful for sale under federal law.

  • A-One
  • Arrow
  • D’Best
  • Desert Sun
  • Diamond Diamond
  • Double Diamond
  • GP Classic
  • GR
  • Heron
  • Infinity
  • Kingsley
  • Lakes
  • Marathon
  • Mega
  • Miss Diamond
  • Opal
  • Racer
  • Rogers
  • Roundup
  • Royal
  • Sandia
  • Sands
  • Seneca
  • Sher Bidi
  • Smokin Joes
  • Smokin Joes Natural
  • Stars & Stripes
  • Unify
  • Unity

Cigar/Little Cigar List of Compliant Brands

The Cigar/Little Cigar List of Compliant Brands contains the names of brands confirmed to be "Cigars" pursuant to documentation from the manufacturer. Their Federal tax compliance is confirmed to be that of a large cigar.  The List also contains the names of brands confirmed to be "Little Cigars" pursuant to documentation from the manufacturer.  Their Federal tax compliance is confirmed to be that of a little cigar.  As of July 2019 “Little Cigars” are no longer subject to tax stamping as a cigarette in New Mexico.  Please refer to Cigar/Little Cigar List of Compliant Brands – List 14 for further information.

Cigar/Little Cigar List of Compliant Brands - List  15

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