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The New Mexico Department of Justice has filed a lawsuit against convenience stores and other retailers for their alleged role in the targeted marketing and distribution of flavored electronic cigarettes to teens in the state.

Attorney General Raúl Torrez said at a Tuesday news conference that various stores such as Circle K, J&M Distributors and Emprex Proximity LLC — the primary stakeholder of Alon and DK gas stations — were named as defendants in the lawsuit filed in 1st Judicial District Court. 

“Simply put, these companies have built a pipeline that moves illegal, addictive products from overseas factories into the hands of New Mexico’s kids,” Torrez said. “These products are engineered to taste like candy, designed to be hidden in a backpack and loaded with enough nicotine to create a lifelong addiction.”

The lawsuit aims to disrupt the illegal supply chain bringing vapes into the state. Primarily major convenience stores and distributors were named in the suit, though Torrez said he expects to file subsequent actions against any social media platforms or digital marketplaces that make e-cigarettes readily available to young adults. 

The lawsuit alleges that companies have targeted children by marketing electronic vapor products with colorful packaging and fruity flavors.

Nicotine is one of the most addictive substances, with addictive properties similar to cocaine and heroin, according to a 1998 study from the

For example, advertises that the company sells wholesale orders of vapes and states that disposable vapes are growing in popularity and are “considered the easiest way to vape, especially for beginners.”

A 2019 study from the New Mexico Department of Health showed that 34% of high schoolers in New Mexico used electronic cigarettes at least one or more days in one month, . Only two states — West Virginia and North Carolina — had a higher rate of usage than New Mexico teens, the study states.

Some teens reportedly began smoking at the age of 13 or younger, according to the study, which was published in 2021.

The lawsuit states the rate of usage in New Mexico decreased to 19% in 2023. It is unclear why the rate dropped.

Nationwide, 1.53 million juveniles reported vaping in 2024, according to a report from the Centers for Disease Control and Prevention.

Most troubling, Torrez said, is the effects nicotine can have on the future health of teens.

University of New Mexico pediatric pulmonologist Dr. Michael DiGirolamo said the chemical addiction to nicotine can affect the prefrontal cortex of young adults and can alter the development of the receptors in the brain. 

“Repeated exposure to nicotine in childhood and adolescence appears to alter development of this area and can result in reduced impulse control, symptoms of ADHD and increased risk for anxiety and for depression,” he said at the Albuquerque news conference. “In short, vaping and nicotine exposure means children are not meeting their full potential.”

DiGirolamo said the chemicals in vaping products can release shards of nickel, lead and other metals into the lungs and can expose the body to formaldehyde, a chemical known to cause cancer and other respiratory issues.

He said he has treated children who have developed fibrosis or bronchiolitis obliterans —also known as “popcorn lungs” — while others required a lung transplant because the damage caused by vaping was irreversible.

However, the full extent of how nicotine can affect the body is still unknown. Additionally, electronic nicotine devices can be altered to deliver other vapors such as marijuana and narcotics, the lawsuit alleges.

The battle to fight teen vaping is nothing new, with former U.S. Sen. Tom Udall of New Mexico advocating for stricter regulations on vaping products. But lawmakers and educators alike have been struggling in recent years to find a solution to the growing problem.

New Mexico received a settlement for $17 million in 2023 aftersuing electronic cigarette maker Juul Labs Inc for targeting teens, one of the largest payouts received from a cigarette company in the state’s history.

In 2025, Santa Fe legislators proposed a 40% excise tax on the wholesale price of tobacco products with the hopes of deterring teens from using nicotine products. The bill received a do-pass recommendation but the .  

In a February 2026 Albuquerque Teachers Federation survey, educators reported struggling to get teens to stop using e-cigarettes on school campuses or in classrooms. In 2023, a middle school in Luna County installed vape detectors after teachers said they were unable to deal with the volume of vaping among their students, according to the lawsuit.

The lawsuit states that NMDOJ is seeking to halt the e-cigarette supply chain in addition to enforcing civil penalties under the New Mexico Unfair Practices Act — the same law that resulted in a $375 million verdict in a trial against Meta last month. 

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.