Mercer Times

Attorney General Matthew J. Platkin and the Division of Consumer Affairs announced that 19 New Jersey retailers have been issued Notices of Violation (NOVs) and assessed civil penalties of $4,500 each for allegedly violating state consumer protection laws by selling banned flavored vapor products.

The enforcement actions follow a Division investigation into illegal sales of flavored electronic smoking devices and products, including mint, candy, fruit, and chocolate flavors. Research indicates these products are highly appealing to teens and children, contributing to increased adolescent smoking rates. In January 2020, Governor Phil Murphy signed legislation prohibiting the sale and distribution of all vapor products with any flavor other than tobacco, making New Jersey the first state to implement a permanent ban on such products.

“Thanks to Governor Murphy, New Jersey has some of the strongest laws in the nation to prevent the sale of flavored vape products that are particularly attractive to kids, and we intend to enforce them,” said Attorney General Platkin. “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.”

Cari Fais, Acting Director of the Division of Consumer Affairs stated: “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. 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 investigation began in June 2024 with undercover purchases and in-store inspections identifying smoke shops, convenience stores, gift shops, and novelty retailers in five counties selling banned products near schools and parks or shore town boardwalks.

The NOVs allege that retailers engaged in selling prohibited vapor products with characterizing flavors thus committing an unlawful practice under the New Jersey Consumer Fraud Act. Each NOV demands civil penalties amounting to $4,500.

Retailers receiving NOVs include:

- Aloha Convenience & Smoke LLC (Plainfield)

- Cruz Grocery Store (Newark)

- Shell Food Mart (Parlin)

- Still the Dubb on Springfield Convenience Store (Irvington)

- Supreme Cloud Smoke Shop (Sayreville)

- Wacky Tobaccy Smoke Shop (Asbury Park)

- Spirit Gifts (Wildwood)

- Spirit USA (Wildwood)

- Genesis (Wildwood)

- Over the Boardwalk (Wildwood)

- Exotics (Wildwood)

- Gift World (Wildwood)

- High Society (Wildwood)

- Gifts 4 U (Wildwood)

- Waves (Wildwood)

- No Cap (Wildwood)

- Golden Gate (Wildwood)

- Smoke Factory (Wildwood)

-Dolphin(Wild wood)

OCP Investigators Caroline Clark; Matthew Reilley; Kristen Reilley; Gregory Zeichner; Jose Saville; Steven Varites; Demetra Murray; Kathy Plasencia; Supervising Investigator Josep Iasso conducted this investigation.

Attorney General Platkin reiterated his commitment to protecting consumers from illegal e-cigarette sales practices. In December 2022 he announced that New Jersey entered a multistate settlement following a two-year investigation into JUUL Labs’ advertising campaign which was alleged aimed at youths despite their inability legally purchase e-cigarettes.

Consumers suspecting fraud or abuse can file complaints with State Division Consumer Affairs by visiting its website or calling 1–800–242–5846 within NJ or 973–504–6200.

###