Overview:
A new lawsuit announced Tuesday by A.G. Raul Torre? aims to stop those sales
Blue Razz Ice, Watermelon Mint, and Strawberry Creme are just some of the dozens of candy-flavored and brightly-colored vape products New Mexico’s Attorney General Raul Torre? says some of the state’s biggest convenience store brands are blatantly, and illegally, selling to kids every day. A new lawsuit he announced Tuesday aims to stop them.
Flanked by a pediatric pulmonologist and livestreamed on social media, Torrez announced that the New Mexico Department of Justice filed a lawsuit against major convenience store chains, retailers and distributors, including Circle K and Alon, for willfully selling these products in disregard for public health and safety. Flavored vapes are not authorized for sale anywhere in the U.S., according to Torrez, but they are nonetheless widely available.
According to the complaint, flavored e-cigarettes are now the most commonly used tobacco product among teenagers. Data from 2023 shows that nearly one in five New Mexico high school students reported using them. Experts from the University of New Mexico and Walatowa High Charter School provided support for the filing, noting that children are more vulnerable to nicotine addiction than adults. Investigations also found traces of lead, copper, and nickel in products purchased from local retailers, court filings allege.
Educators report that widespread vaping in bathrooms and hallways has forced school districts to spend limited funding on detectors and cessation programs. Students addicted to nicotine frequently experience withdrawal symptoms during the school day, such as headaches and difficulty concentrating. Research indicates that as little as 5 milligrams of nicotine daily can establish a lifelong addiction in a young person.
The NMDOJ is seeking civil penalties under the New Mexico Unfair Practices Act to stop the flood of these addictive products into the state. That is the same statute Torre? used to win a historic $375 million verdict earlier this month in Santa Fe against social media giant Meta for failing to protect children from known dangers on the platform.