In March, Attorney General Torrez filed a lawsuit against major convenience store chains and distributors in New Mexico to stop illegal flavored e-cigarettes targeting New Mexico youth.
Source: N.M. Department of Justice
Images: Courtesy
Albuquerque, NM – Attorney General Raúl Torrez, alongside a bipartisan coalition of 21 attorneys general, issued a letter to the U.S. Food and Drug Administration (FDA) urging the FDA to abandon draft guidance that would ease approvals for flavored e-cigarette products, widely understood to disproportionately worsen youth addiction. In March, Attorney General Torrez filed a lawsuit against major convenience store chains and distributors in New Mexico to stop illegal flavored e-cigarettes targeting New Mexico youth.
“The FDA actions to ease approvals for e-cigarettes means more kids in New Mexico will become addicted to vape and e-cigs, and that is just not acceptable,” said Attorney General Raúl Torrez. “Instead of making it easier for tobacco companies to get thousands of New Mexico kids addicted to tobacco products, the FDA must adhere to science and its own best practices and reverse course on its e-cigarette guidance. We will not roll over and let Big Tobacco target New Mexico’s children.”
Federal law requires that all e-cigarette products receive authorization from the FDA before they can be legally marketed or sold in the United States. Until this administration, the FDA had never approved an e-cigarette flavor other than tobacco or menthol. However, just before the comment deadline on the e-cigarette guidance, the FDA approved two fruit flavored products. Currently, thousands of e-cigarette varieties in multitudes of flavors are already available for purchase in flagrant violation of state and federal laws. Compounding their previous failures, the FDA has announced it would not prioritize enforcement against vapes and nicotine pouches marketed without necessary FDA authorization.
Two months ago, the FDA released draft guidance that would ignore years of evidence and ease the path to approval for certain flavored products. The guidance opines – ignoring the FDA’s own science and history – that certain flavors such as coffees, tea, spices, menthol and mint are “lower risk” flavors for youth addiction. In reality, extensive research shows that flavored products of all kinds are favored by youth over unflavored tobacco.
In their letter, the attorneys general urge FDA to reconsider the draft guidance and to continue its careful scrutiny of all flavors to protect public health.
The complaint filed by Attorney General Torrez in March alleges that retailers and distributors in New Mexico—including Circle K, Alon and related entities—willfully distributed and sold illegal flavored disposable vape products to New Mexico youth in blatant disregard for public health and safety. 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.
Image Courtesy CDC
Attorneys general have long been at the forefront of efforts to curb youth addiction. In 1998, attorneys general from 52 states and territories reached a settlement with the four largest tobacco companies, settling suits filed by dozens of states and imposing strong new restrictions on tobacco advertising and marketing practices, including prohibitions on billboards, cartoons, branded merchandise, and sports sponsorships.
Connecticut Attorney General William Tong led the letter, and was joined by Attorney General Torrez, and the attorneys general of Arizona, California, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wisconsin.
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