Attorney General Ellison calls on Shopify to crack down on e-cigarette sales

Ellison joins bipartisan coalition in demanding Shopify stop selling illegal e-cigarette products

November 24, 2025 (SAINT PAUL) — Today, Attorney General Ellison and a bipartisan coalition of 24 other attorneys general and the City of New York sent a letter to Shopify Inc. (Shopify), urging the company to take stronger action against merchants that use its services to sell illegal tobacco products, particularly e-cigarettes. A copy of the letter can be found here.

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.” Shopify’s policies already prohibit merchants from using its services for unlawful activities. However, in today’s letter, the coalition highlights how merchants are using Shopify’s services to sell illegal e-cigarettes. Accordingly, the coalition requests a meeting with Shopify to collaborate and exchange ideas on what a comprehensive solution could entail.

“Today, I am calling on Shopify to clean up its act and stop selling illegal e-cigarettes on their platform,” said Attorney General Ellison. “In Minnesota, we’ve seen firsthand the harm that e-cigarettes can cause, especially to young people. I will not allow e-cigarette manufacturers or platforms that sell them to violate our laws and put Minnesotans’ health at risk. That’s why I sued JUUL for targeting and addicting a generation of young people, it’s why I banned High Light Vapes from Minnesota for selling e-cigarettes that look identical to highlighters, and it’s why I’m putting Shopify on notice today. I sincerely hope we can work together to address this issue on their platform.”

In today’s letter, the coalition: 

E-cigarettes are highly addictive and pose significant health risks, particularly to youth and are therefore subject to strict regulation.  

At the federal level, every new tobacco product, such as an e-cigarette, must receive an order from the Food and Drug Administration authorizing its marketing and sale in the United States. To date, the FDA has approved only 39 e-cigarette products, none in any flavor other than tobacco and menthol. E-cigarettes that have not received approval from the FDA, which constitute essentially all e-cigarettes offered by online sellers, are deemed “adulterated.” Federal law prohibits the receipt or delivery in interstate commerce of any adulterated tobacco product, and delivery or proffered delivery of adulterated tobacco products is accordingly unlawful under United States law.

States in the coalition, as well as local governments within the states, have passed laws to mitigate the sale of e-cigarettes. For example, in 2024, Minnesota passed a law that prohibits the advertising, sale, or distribution of e-cigarettes that are described or depicted as imitating candy, desserts, or beverages that are commonly marketed to minors, that imitate school supplies, or that are based on or describe characters that appeal to minors. 

Background on Attorney General Ellison’s work to protect young people from e-cigarettes

Attorney General Ellison has also filed actions against individual e-cigarette sellers. In December of 2019, Attorney General Ellison filed a lawsuit against e-cigarette manufacturer JUUL for deliberately and illegally marketing their addictive and harmful products to young people, and a year later, the state added JUUL’s parent company, tobacco giant Altria, as a defendant. In March of 2023, the case went to trial and Attorney General Ellison delivered the opening statement on behalf of the state of Minnesota, which he led by saying that “Juul and Altria hooked Minnesotan children on e-cigarettes — so they could make money.” In May of that year, Minnesota reached a historic $60.5 million settlement with JUUL and Altria, which was the highest settlement per capita any state reached with the companies. The funds from the $60.5 million settlement were put towards smoking and vaping cessation programs for youth. 

On August 29, 2024, Attorney General Keith Ellison sent a letter to more than 5,000 tobacco distributors and retailers, asking them to stop distributing, marketing, and selling unauthorized and illegal flavored tobacco products in Minnesota. The letter warned that the sale of tobacco products meant to appeal to youth may violate several laws, including Minnesota’s new deceptive vapor law.

In January of 2025, Attorney General Ellison filed a consumer protection lawsuit against High Light Vapes, an e-cigarette manufacturer that sold e-cigarettes designed to look like highlighters so students could more easily conceal e-cigarettes at school. In April of 2025, Attorney General Ellison announced he reached a settlement with High Light Vapes that banned the company from doing any business in the state of Minnesota.

promotional image of High Light Vapes with the tagline - Vape the difference
A promotional photo from High Light Vapes, which illustrates how closely they mimic highlighters

Joining Attorney General Ellison 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, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, Wisconsin, and the Commonwealth of Puerto Rico.