New Jersey Attorney General Matthew Platkin and the state’s division of consumer affairs on Tuesday said that 19 New Jersey retailers were issued notices of violation and assessed civil penalties of $4,500 each. The retailers were allegedly violating the state’s consumer protection laws by offering and selling flavored vapor products that are banned for sale in New Jersey, according to the attorney general’s office.
The enforcement actions are the result of an investigation launched in June 2024 into the unlawful offer and sale of flavored vapor products, which research has shown to be appealing to teens and children, the attorney general’s office said.
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. The attorney general said that "many" of these retailers were close to schools and parks or on or near shore town boardwalks.
“As students across the state head back to school, we’re sending a message of deterrence to retailers. If you are caught selling these dangerous, banned products, you will be held accountable,” Platkin said.
In 2020, Gov. Phil Murphy (D-New Jersey) signed legislation prohibiting the sale and distribution of all vapor products with a flavor, taste, or aroma other than tobacco.
“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 following retailers that received notices of violation include:
- Aloha Convenience & Smoke LLC, Plainfield, New Jersey
- Cruz Grocery Store, Newark, New Jersey
- Shell Food Mart, Parlin, New Jersey
- Still the Dubb on Springfield Convenience Store, Irvington, New Jersey
- Supreme Cloud Smoke Shop, Sayreville, New Jersey
- Wacky Tobaccy Smoke Shop, Asbury Park, New Jersey
- Spirit Gifts, Wildwood, New Jersey
- Spirit USA, Wildwood, New Jersey
- Genesis, Wildwood, New Jersey
- Over the Boardwalk, Wildwood, New Jersey
- Exotics, Wildwood, New Jersey
- Gift World, Wildwood, New Jersey
- High Society, Wildwood, New Jersey
- Gifts 4 U, Wildwood, New Jersey
- Waves, Wildwood, New Jersey
- No Cap, Wildwood, New Jersey
- Golden Gate, Wildwood, New Jersey
- Smoke Factory, Wildwood, New Jersey
- Dolphin, Wildwood, New Jersey
New Jersey is one of several states to have taken action against flavored vaping products.
Last month, the Ohio Attorney General’s Office said it is targeting sellers of illegal vapes to protect the state’s youth. Ohio Attorney General Dave Yost filed complaints against three Ohio businesses for “unfair or deceptive practices under the state Consumer Sales Practices Act.” Yost said the charges include selling illegal vapes, failing to disclose the illegality of these products, and misrepresenting their authorization status.
"You don't have any idea what is in those vape cartridges," Yost said. "This is a consumer protection issue, particularly when it comes to our youngsters that are still developing, the idea these unregulated, unauthorized vapes are on the market is a real danger."
To date, the FDA has authorized 34 e-cigarette products, all tobacco or menthol-flavored. Any vape products not authorized by the FDA, including those sold in Ohio, are illegal.
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