The illicit sale of e-cigarettes and tobacco vapes on the internet has long been something that has troubled lawmakers across the country. Bound by federal and state protocols, the electronic sales of nicotine vapes is designed to be complex. But clandestine operations continue to sneak through, leading to the creation of a bipartisan coalition of 25 attorney generals that Arizona’s AG Kris Mayes joined on November 24.
In 2021, the Prevent All Cigarette Trafficking (PACT) Act was passed, which ruled that electronic nicotine delivery systems (ENDS) can legally be considered to be cigarettes. This meant that vapes, e-cigarettes, and other electronic tobacco products, could no longer be sold and shipped through the United States Postal Service without initially registering with the Bureau of Alcohol Tobacco and Firearms (ATF). Similarly, businesses are required to register with the state in which an ENDS is shipped to.
The coalition, which worked in tandem with the City of New York, sent a letter to Shopify Inc., demanding necessary action towards merchants that are illegally selling tobacco products, like vapes, from the platform. Shopify, a popular commerce platform, has policies in place that prohibit illegal activities. Earlier this year, merchants selling ENDS via Shopify were kicked off of the platform after the California AG’s Office alerted Shopify of the issue. But according to the letter, the issue remains pervasive.
29 illegal ENDS websites hosted by Shopify were identified by the coalition. Over 200 “additional websites known to sell illegal websites” were identified as well.
“We also point out that California, Connecticut, Illinois, Pennsylvania and New York City engaged with the United States Postal Service, initially through litigation, but now cooperatively, to develop methods to prevent the illegal shipment of cigarettes through the mails. Those cooperative efforts stand as a goal we hope to replicate with Shopify,” the letter said.
Arizona, which changed the legal age of tobacco sales to 21 in September, has sought to strengthen its protocol surrounding tobacco sales. A few months ago, Mayes announced that she was pursuing two civil complaints against two Arizona businesses that were cited as consistently selling tobacco products to minors. Now, Mayes hopes to monitor illegal tobacco sales at a broader scale.
“Shopify is currently hosting a countless number of merchants illegally selling nicotine vapes or e-cigarettes. 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 in a press release. “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.