Attorney General Bonta Files Lawsuits Against Two California Online E-Cigarette Retailers for Violating State and Federal Laws

OAKLAND – California Attorney General Rob Bonta today filed lawsuits against two California online retailers of e-cigarettes, Ejuicesteals and E-juice Vapor, Inc., in the United States District Courts for the Eastern and Central Districts of California. The lawsuits allege that the two companies, among other things, unlawfully failed to properly verify the age of California consumers, which violates state and federal laws that protect the public – particularly youth and vulnerable populations – from harmful and addictive tobacco products. In the lawsuits, the Attorney General argues that the companies' conduct violates the PACT Act, the California Cigarette and Tobacco Products Tax Law, the STAKE Act, and the Unfair Competition Law, and seeks civil penalties, damages, and injunctive relief to address the companies’ misconduct.

“As the People’s Attorney, I won’t stand by as online retailers of e-cigarettes continue to steer our young people toward e-cigarettes and tobacco use that harms their health,” said Attorney General Bonta. “We’ve seen this playbook before with JUUL, and we fought back relentlessly to protect our children. We are sending a clear message with today’s lawsuits: We will take every legal action against anyone that uses unlawful practices to lure our kids into harmful addiction for their own profit. Ejuicesteals, E-juice Vapor, Inc., and any other company that fuels this public health crisis will be held accountable. 

Tobacco companies make and market e-cigarettes, which come with high nicotine content in a myriad of kid-friendly flavors, that are widely available for purchase on the Internet. Young people are predominately the consumers of e-cigarettes and the use of these products among youth has increased rapidly in recent years, specifically among middle school students.  

Without strict enforcement in this market, noncompliant online retailers provide easy access to tobacco products to young consumers, including minors who are not legally allowed to purchase them. In combination with youth-friendly candy and fruit-inspired flavors, which are a major focus of harm according to public health groups, this type of tobacco product is banned in California. Yet, these companies have not changed their  unlawful practices.

In today’s lawsuit, Attorney General Bonta alleges that Ejuicesteals and E-juice Vapor, Inc. violated federal and state laws stated above by: 

• Creating a business model focused on profit by selling tobacco products online without verifying the age of consumers.
• Selling tobacco products, including flavored products, through remote sale transactions in violation of California delivery sales provisions.

 Attorney General Bonta remains committed to combating the illegal marketing and sale of tobacco and tobacco products, and illicit drug use. Just this year, Attorney General Bonta secured a $462 million multistate settlement agreement with electronic cigarette maker, JUUL, Labs, Inc. (JUUL). Of the $462 million settlement amount, California will receive a total of $175.8 million, the highest amount of any state settlement yet reached with JUUL. The settlement will help California fund research, education, and enforcement efforts related to e-cigarettes. JUUL will also be prohibited from targeting youth in its advertising and promotion under the terms of the deal.

Copies of the complaints are available here and here.