New Jersey Statewide Rule
Flavored Vapor Product Sales Ban in New Jersey
Key Facts
- Authority
- N.J.S.A. 2A:170-51.12
- Effective date
- April 20, 2020
- Prohibited
- All flavors except tobacco
- Menthol cigarettes
- Not covered by this ban
- Penalties
- $500 / $1,000 / $2,000 escalating
Summary
New Jersey bars retail sale of flavored electronic smoking devices and liquid nicotine, every characterizing flavor except tobacco, under N.J.S.A. 2A:170-51.12, effective April 20, 2020, one of the broadest such bans nationally.
1. a. No retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor. b. A retailer that violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.
Full Breakdown
Effective April 20, 2020, New Jersey enacted one of the broadest flavored-vape sales bans in the country. N.J.S.A. 2A:170-51.12 prohibits retailers from selling any electronic smoking device or liquid nicotine product with a characterizing flavor other than tobacco. Exceptions exist for state-licensed vapor lounges meeting operational and licensing criteria. The ban does not reach flavored combustible cigars or menthol cigarettes, which are regulated separately. The Department of Health and local health agencies enforce the ban through inspections and compliance checks.
Violations & Penalties
Retailers selling prohibited flavored vapor products face civil penalties of $500 for a first offense, $1,000 for a second, and $2,000 for third and subsequent violations, plus possible license suspension.
Frequently Asked Questions
Are menthol vape products allowed in New Jersey?
Can a smoke shop sell flavored e-liquids?
Sources
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