California Attorney General sues two online vape retailers for violating state and federal laws

California Attorney General Rob Bonta today filed lawsuits against two online e-cigarette retailers, Ejuicesteals and E-juice Vapor, Inc., in federal courts in Eastern and Central California. The lawsuits allege that these companies failed to legally verify the ages of California consumers, violating state and federal laws designed to protect the public—especially youth and vulnerable groups—from harmful and addictive tobacco products. In the lawsuits, the Attorney General argues that the companies' actions violate the PACT Act, California's Cigarette and Tobacco Products Tax Law, the STAKE Act, and the Unfair Competition Law, seeking civil penalties, restitution, and injunctions to address the companies' misconduct.

Attorney General Bonta stated: "As the people's lawyer, I will not stand by while online e-cigarette retailers continue to lead our youth toward harmful e-cigarette and tobacco use. We have seen the playbook of JUUL, and we are resolutely resisting to protect our children. Today's lawsuits send a clear message: we will take all legal action against anyone who uses illegal means to entice our children into harmful addiction for profit. Ejuicesteals, E-juice Vapor, Inc., and any company exacerbating this public health crisis will be held accountable."

Tobacco companies produce and sell e-cigarettes that contain high concentrations of nicotine and come in various flavors appealing to children, which can be widely purchased online. Young people are the primary consumers of e-cigarettes, and their use of these products among middle school students has surged in recent years.

If market regulations are not strictly enforced, non-compliant online retailers will provide easy access to tobacco products for young consumers, including minors. Coupled with candy and fruit flavors favored by teenagers, these flavors are considered key targets by public health groups, and such tobacco products are banned in California. However, these companies have not changed their illegal practices.

In today's lawsuits, Attorney General Bonta accused Ejuicesteals and E-juice Vapor, Inc. of violating the aforementioned federal and state laws for reasons including:

A business model that sells tobacco products online without verifying consumer ages, focusing on profit. Violating California's delivery sales regulations by selling tobacco products (including flavored products) through remote sales transactions. Attorney General Bonta is committed to combating illegal markets and the sale of tobacco and tobacco products, as well as illegal drug use. Just this year, Attorney General Bonta reached a $462 million multistate settlement with e-cigarette manufacturer JUUL Labs, Inc. (JUUL). Of this $462 million settlement amount, California will receive $175.8 million, the highest amount of any state settlement reached with JUUL to date. This settlement will help California fund research, education, and enforcement efforts related to e-cigarettes. Under the terms of the agreement, JUUL will also be prohibited from targeting youth in its advertising and promotions.