Attorney General Kwame Raoul, along with a bipartisan group of 25 attorneys general and the city of New York, has called on Shopify Inc. to increase efforts against merchants using its platform to sell illegal tobacco products, especially e-cigarettes.
Although Shopify’s policies prohibit the use of its services for unlawful activities, some merchants continue to use the platform to sell illegal e-cigarettes. In a letter sent by Raoul and the coalition, they emphasized the need for a more thorough approach in identifying websites selling illegal e-cigarettes.
“E-cigarettes, which are highly addictive and pose significant health risks, have flooded the market nationwide and must be subject to strict regulation,” Raoul said. “Youth in Illinois and across the nation are particularly susceptible to e-cigarette use, which can lead to addiction to nicotine products. I am committed to protecting our communities from the harms of e-cigarettes. I will continue to collaborate with other state attorneys general on a bipartisan basis to hold companies accountable that continue to fuel the youth vaping epidemic.”
Shopify describes itself as an online platform that helps individuals sell items online or in person and grow their businesses. The company previously terminated certain e-cigarette sellers brought to its attention earlier this year after concerns were raised about unlawful sales.
In their letter, Raoul and his colleagues identified 29 illegal e-cigarette websites currently hosted on Shopify’s platform as well as over 200 additional sites known for selling illegal tobacco products. They also proposed working together with Shopify; if an agreement is reached, state officials would help identify further illegal sellers operating through Shopify.
Under federal law, every new tobacco product—including e-cigarettes—must receive authorization from the Food and Drug Administration before being marketed or sold in the United States. So far, only 39 e-cigarette products have received FDA approval; none of these approvals cover flavors other than tobacco or menthol. Federal law also bans interstate commerce involving unapproved or adulterated tobacco products.
This latest action follows Attorney General Raoul’s broader efforts against unlawful flavored vape sales in Illinois. Earlier this year he filed a lawsuit targeting distributors of Posh-branded flavored disposable vapes under Illinois’ Preventing Youth Vaping Act—a law effective since 2022 that prohibits sale of unauthorized e-cigarettes within Illinois—seeking court orders against marketing such products toward young people.
Attorneys general from Arizona, California, Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont Washington Wisconsin city of New York and Commonwealth of Puerto Rico joined Raoul in sending today’s letter.
