(Hartford, CT) — Attorney General William Tong joined a bipartisan coalition of 25 attorneys general and the City of New York in sending a letter to Shopify Inc., urging the company to take stronger action against merchants using the platform to sell illegal tobacco products, particularly e-cigarettes. Headquartered in Ottawa, Canada, Shopify describes itself as “a commerce platform that helps you sell online and in person” and explains that “[e]ntrepreneurs, retailers, and global brands use Shopify to make sales, run stores, and grow their businesses.” Despite Shopify’s policies that prohibit merchants from using its services for unlawful activities, merchants continue to use Shopify’s services to sell illegal e-cigarettes.
The letter is the latest action by Attorney General Tong to address sales of bootleg nicotine products. Flavored nicotine products are largely manufactured and imported illegally into the United States from China. The companies who manufacture and distribute these products have failed to participate in the FDA’s mandated marketing order process, and these products are considered adulterated and unlawful for sale. This has not stopped the proliferation of these products. Last January, Attorney General Tong announced an investigation into 12 Connecticut smoke shops and convenience stores and two wholesalers found selling highly potent, illegally imported disposable e-cigarettes flavored and designed to appeal to youth. That investigation is active and ongoing.
“These bootleg vapes are illegally imported, untested and unsafe, and legitimate businesses should not have any part in facilitating their sale,” said Attorney General Tong. “We’re going to keep doing everything we can to shutoff the supply and distribution of these illegal products.”
In today’s letter, the coalition identifies 29 illegal e-cigarette websites that are currently hosted on Shopify’s platform. California recently placed these websites on notice for operating in violation of federal and state laws. The letter encloses an exhibit identifying over 200 additional websites known to sell illegal tobacco products. This list is not exhaustive. The coalition offers to undertake some of the effort needed to further identify illegal sellers to Shopify.
Notably, the use of Shopify’s consumer delivery services to facilitate scofflaw distributors’ online sales of e-cigarettes violates newly enacted state legislation. Effective July 1, 2025, Connecticut’s existing ban on the delivery of traditional cigarettes directly to Connecticut consumers applies to e-cigarettes as well.
Joining Attorney General Tong in sending today’s letter to Shopify, which is co-led by California Attorney General Rob Bonta and the City of New York, are the attorneys general of Arizona, Delaware, the District of Columbia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, Wisconsin, and the Commonwealth of Puerto Rico.
A copy of the letter can be found here:
https://oag.ca.gov/system/files/attachments/press-docs/CA_NYC%20Letter%20to%20Shopify_FINAL.pdf
Assistant Attorneys General Amor Rosario and Heather Wilson, Deputy Section Chief for Tobacco Enforcement, are assisting the Attorney General in this matter.