A bipartisan coalition of 25 state attorneys general, joined by the City of New York, is urging e-commerce giant Shopify to take far stronger action against merchants using its platform to sell illegal e-cigarettes and vape products, warning that widespread violations pose a significant public-health threat—especially to teenagers.
Arizona Attorney General Kris Mayes announced the multistate effort on Friday, saying Shopify is “hosting a countless number of merchants illegally selling nicotine vapes or e-cigarettes,” despite the company’s policies prohibiting unlawful activity.
“It is blatant law-breaking and a danger to the young people and teens who should not have access to these harmfully addictive tobacco products,” Mayes said. “I’m proud to be part of a coalition of both Democratic and Republican states asking Shopify to work with us to come into compliance with the law.”
The letter—co-led by California Attorney General Rob Bonta and New York City officials—was sent to Shopify’s legal department on Nov. 24. It warns that illegal vape sellers continue operating on the platform even after Shopify previously terminated several accounts flagged by California earlier this year.
States Identify Hundreds of Illegal Sellers
The coalition’s letter points out 29 illegal vape websites that are currently hosted on Shopify and includes a list of over 200 additional online sellers known for dealing in illegal tobacco products. Officials emphasize that these lists are not comprehensive and that the states are ready to assist Shopify in identifying more violators if a collaborative framework is put in place.
Among the highlighted sites are prominent online retailers offering flavored vapes that breach federal, state, or local regulations. Several of these sites have already faced lawsuits from California and New York City, with many ultimately ceasing operations following enforcement actions.
According to federal law, every e-cigarette or vape product must obtain explicit authorization from the U.S. Food and Drug Administration before it can be marketed or sold. To date, only 39 e-cigarette products have received FDA approval, and none are permitted to have flavors other than tobacco or menthol.
Nearly all vape products sold online—including those available on Shopify-hosted sites—are considered “adulterated” under federal law, making it illegal to ship, sell, or deliver them in interstate commerce. The federal PACT Act imposes additional requirements on online vape sellers, such as age verification and compliance with all state and local tobacco laws, but authorities say online merchants “rarely if ever comply.”
Arizona’s Crackdown on Local Retailers
Mayes also noted that Arizona has intensified enforcement against brick-and-mortar shops selling nicotine products to minors. Her office recently filed civil complaints against two retailers accused of repeatedly selling vapes to underage customers or refusing to check identification.
Arizona raised the legal age to buy tobacco products to 21, aligning with national standards and aiming to curb youth nicotine addiction.
Request for a Meeting and Comprehensive Enforcement Plan
The coalition is requesting a formal meeting with Shopify to develop a comprehensive solution—one that would require Shopify to:
- Terminate services to all online sellers identified by federal authorities as noncompliant.
- Remove the 29 websites flagged in the attorneys general’s letter.
- Work with states and New York City to identify and remove additional illegal sellers going forward.
State officials say they hope to model the collaboration on earlier successful efforts between several states and the U.S. Postal Service to curb illegal cigarette shipments.
The letter asks Shopify to respond within 15 days to schedule discussions.
