California Attorney General Rob Bonta and the City of New York have led a bipartisan group of 25 attorneys general in urging Shopify Inc. to take stronger measures against merchants selling illegal tobacco products, especially e-cigarettes, through its platform. The coalition sent a letter to Shopify, headquartered in Ottawa, Canada, highlighting ongoing concerns that sellers continue to use Shopify’s services for unlawful e-cigarette sales despite existing company policies.
Shopify’s terms already prohibit the use of its platform for illegal activities. The company has previously acted on information from the California Attorney General’s Office by terminating certain e-cigarette sellers. However, according to the coalition’s letter, further action is needed as illegal sales persist.
“Right now, e-cigarettes are far too easy to purchase online. My fellow attorneys general and I have not hesitated to take action against individual sellers in the past, but we have found that many sellers are able to offer illegal e-cigarettes for purchase by using Shopify’s services. It’s unacceptable, and we’re urging Shopify to help us better tackle this public health threat,” said Attorney General Bonta. “By addressing unlawful e-cigarette sales at their point of origin, we can make progress faster and more effectively. Earlier this year, Shopify responded positively when my office reached out and asked for its cooperation in terminating its services to certain e-cigarette sellers. We hope Shopify continues to be a partner in our efforts to protect public health and enforce federal, state, and local laws.”
The letter identifies 29 websites currently hosted on Shopify that allegedly sell illegal e-cigarettes; California recently notified these sites about violations of federal and state law. An additional exhibit lists over 200 more websites known for selling illicit tobacco products. The coalition offered to assist with identifying further illegal sellers if a cooperative agreement with Shopify is established.
E-cigarettes are regulated due to their addictive nature and health risks—especially among youth—and states like California have enacted strict rules regarding their sale. For instance, Senate Bill 793 banned most flavored tobacco products while Assembly Bill 3218 expanded those restrictions by broadening definitions and enforcement authority; it also created an Unflavored Tobacco List (UTL) set for publication by December 31, 2025.
At the federal level, only new tobacco products authorized by the Food and Drug Administration (FDA) may be marketed or sold in the United States. To date, just 39 e-cigarette products—all either tobacco or menthol flavored—have received FDA approval; other products are considered “adulterated” under U.S. law.
Attorney General Bonta has previously taken legal action against individual online retailers selling unauthorized or flavored disposable e-cigarettes—including lawsuits filed earlier this year against Flumgio Technology Inc., Berkeley Int’l Business Crew (and founder Zaoyu Zhu), Ejuicesteals, E-juice Vapor Inc., as well as securing a $462 million multistate settlement with JUUL Labs Inc.
Other signatories joining Bonta and New York include attorneys general from Arizona, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina Ohio Oregon Pennsylvania Rhode Island Utah Vermont Washington Wisconsin Puerto Rico.
