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New Mexico Files Lawsuit to Cease Sale of Unauthorized Flavored Disposable E-Cigarettes

On March 31, 2026, New Mexico Attorney General Raul Torrez announced that the New Mexico Department of Justice (NMDOJ) filed a lawsuit against several convenience store chains and distributors for selling flavored disposable e-cigarettes which have not been authorized for sale by the U.S. Food and Drug Administration (FDA). The lawsuit alleges that the retailers and distributors sold flavored disposable vaping products in disregard of the public health and safety. At this time, the FDA has only authorized e-cigarettes with either tobacco flavor or menthol flavor, not other flavors. The NMDOJ complaint seeks to stop the sale of unauthorized flavored disposable e-cigarettes in the state and to assess civil penalties and other relief under the New Mexico Unfair Practices Act. Read more here.

About CDA

The Convenience Distribution Association (CDA) is the trade organization working on behalf of convenience products distributors in the United States. Its distributor members represent more than $102 billion in U.S convenience product sales, serving a wide variety of small retail formats. Associate members include leading convenience product manufacturers, brokers, retailers, suppliers and others allied to the industry.

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CDA does not endorse any product or service that is advertised in CDA magazines or newsletters, displayed at CDA trade shows, or otherwise promoted by CDA members. CDA has not verified whether any tobacco or deemed tobacco product is authorized pursuant to current FDA rules and regulations. CDA shall not be liable for any purchase of, use by, or claim relating to any advertised product.

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