Case Status
The Complaint was filed on March 31, 2026. The Court has not yet set a date for the trial of this matter.
We invite you to check this website periodically as it will be updated as the litigation progresses.
CASES
E-Cigarette Convenience Stores Litigation
Case Overview
Keller Rohrback serves as outside counsel to the State of New Mexico in litigation relating to electronic cigarettes (e-cigarettes) and youth vaping. On March 31, 2026, the State filed a complaint against convenience store retailers Circle K, OXXO, DK, and Alon USA. The State also named Max Distributing and J & M Distributors, which are distributors who sell e-cigarettes to convenience store retailers, as Defendants in the litigation.
The State alleges that these Defendants are part of the supply chain that results in e-cigarettes ending up in the hands of children in New Mexico, which has had negative impacts on the State’s school and public health systems. State and local governments have also expended time and incurred costs associated with responding to an uptick in underage use of flavored e-cigarettes in New Mexico.
The State alleges that Defendants have violated the New Mexico Unfair Practices Act, NMSA 1978, §§ 57-12-2(D), by engaging in the following unconscionable, unfair, and/or deceptive trade practices:
• Encouraging youth nicotine addiction through the distribution or sale of e-cigarettes with fruit and candy flavors that appeal to children;
• Selling or distributing an unregulated, unlawful and dangerous product; and
• Omitting or misrepresenting the dangers and risks associated with using or selling e-cigarettes with “tobacco-free nicotine” or fruit and candy flavors.
You may review the Complaint in the Case Documents section below.
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