Clifton, NJ Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Chapter
- Ch. 303, Art. IV (Ord. No. 7854-23)
- Trigger
- 3+ convictions for flavored vapor sales
- Notice
- At least 10 days' written notice
- Outcome sought
- State license suspension/revocation
- Enforcing officer
- Health Officer petitions Council
Summary
Clifton does not ban flavored vapor sales itself, but City Code Ch. 303 Art. IV lets the Health Officer force a Municipal Council hearing against any retailer with repeat convictions for selling flavored vaping products, teeing up state license revocation.
The Health Officer may petition the Municipal Council and request that a hearing be held for any retailer or any agent or employee, that is convicted of two or more offenses for selling or distributing a vaping product to a person under 21 years of age in violation of N.J.S.A. 2A:170-51.4, or is convicted of two or more offenses for selling or distributing a vaping product in a container that is not child-resistant in violation N.J.S.A. 2A:170-51.9, or is convicted of three or more offenses for selling or distributing a vaping product that has a characterizing flavor in violation of N.J.S.A. 2A:170-51.12.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963532; v64 updated 2026-07-21; through 07-21-2026).
Full Breakdown
Adopted 10-17-2023 by Ord. No. 7854-23, Chapter 303, Article IV governs retailers convicted of unlawfully selling or distributing vapor products in Clifton. A. A. A. 12. Section 303-4 defines 'characterizing flavor' broadly to cover fruit, chocolate, vanilla, honey, candy, alcoholic beverage, herb, mint, menthol, wintergreen or spice flavoring, and treats a product as flavored if it is marketed as producing such a taste or aroma. A. A. 3. The City Clerk must give the retailer at least 10 days' written notice by personal service or registered/certified mail, and the retailer may appear with counsel, call witnesses and submit evidence, since the rules of evidence do not apply.
The Health Officer presents proof of each conviction to the Council, which then votes a recommendation on whether to request suspension or revocation from the state.
Violations & Fines
There is no separate municipal fine schedule in Article IV; the consequence is a Municipal Council recommendation asking the State Division of Taxation to suspend or revoke the retailer's cigarette retailer dealer license or vapor business license. The underlying flavored-sale offenses are prosecuted under the cited state statutes, not this chapter.
Frequently Asked Questions
Does Clifton itself ban flavored vape sales?
How many flavored-product convictions trigger a hearing?
What can the retailer do at the hearing?
Sources & Official References
Other rules in Clifton
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