New Mexico Attorney General Files Lawsuit Over Sales of Flavored Disposable E-Cigarettes

Key Takeaways

• The New Mexico Department of Justice has sued major convenience store chains and distributors over flavored disposable e-cigarettes.
• Defendants include Circle K, Alon, and related entities.
• The complaint says flavored disposable e-cigarettes have become the most commonly used tobacco product among teenagers.
• Nearly one in five New Mexico high school students reported using e-cigarettes in 2023.
• The state is seeking to disrupt the supply chain and pursue civil penalties under the New Mexico Unfair Practices Act.

2Firsts, April 1, 2026

According to the New Mexico Department of Justice, Attorney General Raúl Torrez announced that the department has filed a lawsuit against major convenience store chains and distributors, alleging that they sold flavored disposable e-cigarettes and fueled youth nicotine addiction across the state.

New Mexico filed suit against Circle K, Alon and related entities

The complaint alleges that these retailers and distributors, including Circle K, Alon, and related entities, willfully distributed and sold flavored disposable vape products in disregard of public health and safety. The products are described as being marketed with bright packaging and flavors such as fruit, candy, and desserts that are especially attractive to minors.

Raúl Torrez said the companies built a pipeline moving illegal addictive products from overseas factories into the hands of New Mexico children. He said flavored disposable e-cigarettes are not authorized for sale anywhere in the United States and described them as engineered to taste like candy, designed to be hidden in backpacks, and loaded with enough nicotine to create lifelong addiction.

The complaint says nearly one in five high school students used e-cigarettes in 2023

According to the lawsuit, flavored disposable e-cigarettes have become the most commonly used tobacco product among teenagers. Nearly one in five New Mexico high school students reported using e-cigarettes in 2023, putting thousands of young people at risk of lifelong nicotine addiction.

Dr. Michael DiGirolamo of UNM Pediatric Pulmonology said children are more vulnerable than adults to the addictive qualities of nicotine in e-cigarettes, and that chemical dependence can develop quickly, sometimes after only a small number of pods. He also said he has treated children who became dependent on nicotine and THC vaping products, including some with lung damage severe enough to require discussions about referral for lung transplantation.

Mary Warren, educator and counselor at Walatowa High Charter School, said these highly addictive vapes affect students’ physical health as well as their emotional well-being, focus, and sense of safety.

The state says products are sold near schools and schools face added management costs

The complaint says brightly colored disposable vapes in flavors such as Blue Razz Ice, Strawberry Cream, and Watermelon Mint have become entrenched in gas stations and convenience stores across the state, including locations near schools and youth gathering places.

The complaint also says youth vaping has created serious consequences for New Mexico schools. Educators reportedly described widespread vaping in bathrooms, hallways, and athletic facilities, forcing districts to use limited education funds on vape detectors, monitoring systems, and cessation programs. Students addicted to nicotine are also said to experience withdrawal symptoms during the school day, including headaches, irritability, anxiety, and difficulty concentrating.

The department further says today’s e-cigarettes deliver nicotine at concentrations more than double those found in traditional cigarettes. The complaint states that research shows as little as 5 milligrams of nicotine per day is enough to establish addiction in a young person. It also cites studies linking youth vaping to respiratory illness, chronic obstructive pulmonary disease, anxiety, depression, and symptoms of ADHD.

The department seeks to stop sales and pursue civil penalties

The complaint further alleges that the products may expose users to dangerous chemicals and heavy metals. Multiple studies, as well as testing conducted during the investigation, reportedly found traces of lead, copper, and nickel in flavored disposable vape products, including items purchased from New Mexico retailers.

The New Mexico Department of Justice said the lawsuit is intended to disrupt the illegal supply chain bringing flavored disposable e-cigarettes into New Mexico and to stop their sale in stores throughout the state. The department is also seeking civil penalties and other relief under the New Mexico Unfair Practices Act.

Image source: New Mexico Department of Justice