The New Mexico Department of Justice filed a landmark lawsuit against a string of convenience store chains and distributors, accusing them of fuelling a teen vaping crisis that left thousands of young people across the state addicted to nicotine-laced products.

Attorney General Raúl Torrez announced the legal action at a news conference. He named Circle K, J&M Distributors and Emprex Proximity LLC, the primary stakeholder of Alon and DK petrol stations, as defendants. The case sits before the 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.”

Teen Vaping Crisis: A Public Health Emergency Hiding in Plain Sight

The scale of underage e-cigarette use in New Mexico has alarmed health professionals for years. A 2019 study from the New Mexico Department of Health found that 34% of high school students used electronic cigarettes at least once in a given month. Only West Virginia and North Carolina posted higher rates nationally. Worryingly, some teenagers reportedly began smoking as young as 13.

By 2023, that figure dropped to 19%, though nobody has clearly explained why. Nationally, the picture remains deeply troubling. The Centres for Disease Control and Prevention recorded 1.53 million juveniles vaping in 2024 alone.

The teen vaping crisis shows no signs of fully retreating, and this lawsuit marks one of the most forceful legal responses the state has mounted to date.

How Companies Targeted Young People with Underage E-Cigarette Use in Mind

These companies knowingly marketed flavoured vaping products to appeal to children. They used colourful packaging and fruit-based flavours that mirrored the look and taste of sweets. J&M’s own website advertises wholesale vape orders, describing disposable vapes as “the easiest way to vape, especially for beginners.” Critics say that language squarely targets first-time, often younger, users.

Torrez made clear the action against retailers and distributors is just the beginning. He plans to file further cases against social media platforms and digital marketplaces that make e-cigarettes readily accessible to young people.

The Health Toll on Young Bodies

Medical experts at the Albuquerque news conference painted a stark picture of what underage e-cigarette use does to developing bodies and minds.

Dr Michael DiGirolamo, a paediatric pulmonologist at the University of New Mexico, explained that nicotine exposure during adolescence disrupts development of the prefrontal cortex. That is the part of the brain that governs decision-making and impulse control.

“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. “In short, vaping and nicotine exposure means children are not meeting their full potential.”

Dr DiGirolamo also warned that chemicals in vaping devices release particles of nickel, lead and other metals into the lungs. They also expose the body to formaldehyde, a substance that causes cancer and serious respiratory conditions. He has treated children who developed fibrosis or bronchiolitis obliterans, known as “popcorn lung.” Others needed a lung transplant because the damage proved irreversible. Research from the National Library of Medicine places nicotine among the most addictive substances known, comparable in its grip to cocaine and heroin.

Schools and Lawmakers Failing to Stem Underage E-Cigarette Use

New Mexico has been fighting this battle for some time. In 2023, the state secured a $17 million settlement after suing e-cigarette maker Juul Labs for targeting teenagers. That stands as one of the largest payouts from a tobacco company in the state’s history.

Legislators have also tried to act. In 2025, Santa Fe lawmakers proposed a 40% excise tax on the wholesale price of tobacco products, hoping to price young people out of the habit. The bill earned a do-pass recommendation but lawmakers postponed it indefinitely.

Schools have struggled just as much. A February 2026 survey by the Albuquerque Teachers Federation found that educators cannot stop students vaping on campuses or in classrooms. In 2023, a Luna County middle school installed vape detectors after teachers said the volume of student vaping overwhelmed them.

Beyond nicotine, the lawsuit alleges that people can modify electronic nicotine devices to deliver other vapours, including cannabis and narcotics.

Seeking Accountability

The NMDOJ wants to disrupt the illegal supply chain bringing vaping products into the state. It is also pursuing civil penalties under the New Mexico Unfair Practices Act, the same law that produced a $375 million verdict against Meta just last month.

One court case will not end the teen vaping crisis. But for those who care about young people’s health and wellbeing, this lawsuit sends a clear message: those who profit from addicting children will face consequences.

Source: abqjournal