Howell, NJ Tobacco & Vaping: Flavored Tobacco Bans (2026)

Howell Township Code Chapter 302, adopted 4-4-2023 by Ord. No. 23-8, regulates retail electronic smoking device establishments. Section 302-2 defines CHARACTERIZING FLAVOR as a distinguishable flavor, taste or aroma, including any fruit, candy, menthol, mint, chocolate, vanilla, honey, cocoa, wintergreen, dessert, alcoholic beverage, herb or spice flavoring, imparted before or during consumption. A device, cartridge, component or product is deemed to have a characterizing flavor if it is advertised or marketed as having or producing such a flavor. A tobacco product is not found to have one solely because of additives or flavorings or the provision of ingredient information.

Two operative provisions use that definition. Section 302-8 requires every retail electronic smoking device establishment to comply with all federal, state and local laws and regulations, including N.J.S.A. 2A:170-51.12, and any bans on products with characterizing flavor(s). Section 302-10(C) is the Township's own flavor rule: no establishment shall use any device to mask or conceal any characterizing flavor of any electronic liquid or tobacco product.

The rest of § 302-10 governs how vape products are sold. Sales must be a direct, face-to-face exchange with an employee, self-service displays and vending machines are prohibited, and no samples can be distributed. Section 302-9 bars sales to anyone under 21 and requires government-issued photo identification showing the date of birth. Only establishments licensed by the Township can sell or manufacture these products (§ 302-7), and the establishment license costs $1,000 a year under § 302-11.

The Code Enforcement Officer or any Howell Township Police officer enforces the article under § 302-15 and can inspect any licensed establishment as often as he or she deems necessary (§ 302-13).