The complaint alleges that these retailers and distributors—including Circle K, Alon and related entities—willfully distributed and sold flavored disposable vape products in blatant disregard for public health and safety.
Source: NM Department of Justice
Photo: Courtesy CDC
Albuquerque, NM – Today, Attorney General Raúl Torrez announced that the New Mexico Department of Justice (NMDOJ) has filed a lawsuit against major convenience store chains and distributors for their role in selling flavored disposable e-cigarettes that are driving youth nicotine addiction across the state, with support from Dr. Michael DiGirolamo, MD of UNM Pediatric Pulmonology and Mary Warren, MA, LMHC, a counselor at Walatowa High Charter School.
The complaint alleges that these retailers and distributors—including Circle K, Alon and related entities—willfully distributed and sold flavored disposable vape products in blatant disregard for public health and safety. These products are marketed with bright packaging and flavors like fruit, candy, and desserts that are particularly attractive to minors.
“These companies built a pipeline that moves illegal, addictive products from overseas factories into the hands of New Mexico’s kids,” said Attorney General Raúl Torrez. “Flavored disposable e-cigarettes are not authorized for sale anywhere in the United States.”
“They are engineered to taste like candy, designed to be hidden in a backpack, and loaded with enough nicotine to create a lifelong addiction. The retailers and distributors who profit from these products will be held accountable.”
“These companies built a pipeline that moves illegal, addictive products from overseas factories into the hands of New Mexico’s kids,” said Attorney General Raúl Torrez. “Flavored disposable e-cigarettes are not authorized for sale anywhere in the United States. They are engineered to taste like candy, designed to be hidden in a backpack, and loaded with enough nicotine to create a lifelong addiction. The retailers and distributors who profit from these products will be held accountable.”
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, placing thousands of young people at risk of developing lifelong nicotine addiction.
“Chemical addiction to nicotine can develop quickly, sometimes after use of just a handful of vape pods – and children are more vulnerable to the addictive qualities of nicotine from e-cigarettes than adults,” said Dr. Michael DiGirolamo MD of UNM Pediatric Pulmonolgy. “Child vapers are using products that can negatively affect their health for the rest of their lives. I have treated children who have developed a chemical dependence on vaping both nicotine and THC products and some have damage to their lungs so severe that we have discussed referral for lung transplantation. We are not serving the children of New Mexico if we continue to allow vaping to be within arms reach of any middle and high schooler. There is no place for a vaping product in the hand of a child.”
“Every day, I see firsthand how these highly addictive vapes are impacting our students – not just their physical health, but their emotional well-being, focus, and sense of safety,” said Mary Warren, Educator at Walatowa High Charter School. “As an educator and counselor, working in a community shaped by intergenerational trauma, I know how quickly harmful substances can take hold and deepen existing challenges. Our young people deserve environments that support their growth, not products designed to hook them early. Addressing the dangers of these vapes is not just about prevention it’s about protecting the future of our communities.”
The lawsuit describes how brightly colored disposable vape products, often sold in flavors like 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 further details how youth vaping has created serious consequences for New Mexico schools. Educators report widespread vaping in bathrooms, hallways, and athletic facilities, forcing districts to spend limited education funding on vape detectors, monitoring systems, and cessation programs. Students addicted to nicotine often experience withdrawal symptoms during the school day, including headaches, irritability, anxiety, and difficulty concentrating. Nearly one in five New Mexico high school students used e-cigarettes as of 2023, with many beginning around the age of thirteen. The health consequences for young people are severe.
Today’s e-cigarettes deliver nicotine at concentrations more than double those found in traditional cigarettes. The developing adolescent brain is especially vulnerable: research shows that as little as 5 milligrams of nicotine per day is enough to establish addiction in a young person. Studies have linked youth vaping to respiratory illness, chronic obstructive pulmonary disease, anxiety, depression, and symptoms of ADHD. Nicotine-addicted students experience withdrawal symptoms during the school day, including headaches, irritability, difficulty concentrating, and inability to remain in class.
The lawsuit also alleges that these products may expose users to dangerous chemicals and heavy metals. Multiple research studies, as well as testing conducted during the investigation, found traces of substances including lead, copper, and nickel in flavored disposable vape products, including products purchased from New Mexico retailers.
The NMDOJ’s complaint seeks 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 NMDOJ is also seeking civil penalties and other relief under the New Mexico Unfair Practices Act.
“Our schools, parents, and communities are already dealing with the consequences of youth vaping,” Torrez said. “We are taking action to stop companies from continuing to flood our communities with dangerous, addictive products that threaten the health and future of New Mexico’s young people.”
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