New Jersey Attorney General Matt Platkin and the Division of Consumer Affairs (“Division”) announced that 19 retailers in the state were recently issued Notices of Violation (“NOVs”) and assessed civil penalties of $4,500 each for allegedly violating the state’s consumer protection laws by offering and selling flavored vapor products that are banned for sale in New Jersey.
The enforcement actions are the result of a Division investigation into unlawful sales of flavored electronic smoking devices and products, including mint, candy, fruit, and chocolate flavors.
Research has shown that these products are extremely appealing to teens and children and the nationwide rise in their use is undermining hard-fought declines in adolescent smoking.
To combat this problem, in January 2020, Governor Phil Murphy signed legislation prohibiting the sale and distribution of all vapor products with a flavor, taste, or aroma other than tobacco, making New Jersey the first state in the nation to impose a permanent ban on these products.
“The ban on flavor vaping devices is in place to protect New Jersey consumers—especially our youth—from the harmful effects of electronic cigarettes, nicotine, and tobacco,” said Cari Fais, Acting Director of the Division of Consumer Affairs. “By identifying and taking enforcement action against merchants who illegally sell these products, we are protecting public health and fulfilling our responsibility to safeguard consumers from unlawful business practices.”
The Division launched its investigation into the unlawful offer and sale of flavored vapor products in June 2024. Through undercover buys and in-store inspections, investigators identified smoke shops, convenience stores, and gift and novelty retailers in five counties offering and selling the banned products, many in locations close to schools and parks or on or near shore town boardwalks.
The NOVs issued allege that the retailers engaged in the selling and/or offering for sale of prohibited vapor products that have a characterizing flavor and therefore engaged in an unlawful practice under the New Jersey Consumer Fraud Act. Each NOV includes a demand for civil penalties in the amount of $4,500.
There’s alot of places that they don’t ask for id’s and they should
this is murphys law, instead of cracking down on underage sales he doesnt allow the grown adults to buy the flavored ecigs that they want! this is very unamerican and makes sense this is the first place to set such a ban!!! shame on murphy!! we need a new Governor!!