44th legislature - STATE OF NEW MEXICO - 2nd special session, 2000

RELATING TO TRADE PRACTICES; REQUIRING A PERSON WHO PLACES ADVERTISEMENTS THAT PROMOTE THE SALE, CONSUMPTION OR OTHER USE OF TOBACCO OR A TOBACCO PRODUCT TO ALSO PLACE ADVERTISEMENTS THAT PROMOTE THE CESSATION OF THE USE OF THE TOBACCO OR TOBACCO PRODUCT; PRESCRIBING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. ADVERTISERS OF TOBACCO PRODUCTS--REQUIREMENT FOR CESSATION ADVERTISEMENTS--PENALTY.--

A. No person shall place advertisements on billboards or other signs located in New Mexico or in newspapers or other periodicals published in New Mexico that promote the sale, consumption or other use of tobacco or a tobacco product unless the person also places advertisements that promote the cessation of the use of the tobacco or tobacco product. The number of the advertisements that promote the cessation of the use of the tobacco or tobacco product shall equal no less than one-third of the number of the advertisements that promote the sale, consumption or other use of the tobacco or tobacco product. The advertisements that promote the cessation of the use of the tobacco or tobacco product shall be equal in quality and advertising medium to the advertisements that promote the sale, consumption or other use of the tobacco or tobacco product.

B. Upon request, the university of New Mexico health sciences center or the department of health shall, for a reasonable fee, assist an advertiser in developing advertisements for the cessation of the use of the tobacco or tobacco product.

C. Any person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.