Mercer Times

Attorney General Matthew J. Platkin announced that the Division of Consumer Affairs has issued warning letters to nearly 11,000 businesses in New Jersey. These letters remind businesses that selling flavored vapor products is illegal and instruct them to stop such sales immediately.

The letters were sent as part of a multi-state enforcement initiative aimed at addressing the unlawful sale of flavored e-cigarettes, vape pens, and accessories. These products, which often feature flavors like candy, fruit, and chocolate, are particularly appealing to children and have been linked to an increase in tobacco use among adolescents. New Jersey banned the sale of these products in 2020.

"New Jersey has been a nationwide leader in the fight to protect kids from the harmful effects of vapor products that lure them in with enticing flavors and bright packaging," said Attorney General Platkin. "Today we’re proud to take a unified stand with partner states to combat this problem."

Cari Fais, Director of the Division of Consumer Affairs, stated: "Flavored vaping products are hooking a new generation on nicotine, putting millions of kids at risk, and undermining decades of progress in reducing adolescent tobacco use. Together with our ally states, we’re putting retailers on notice that we will not allow them to get rich by breaking our laws and putting consumers—including the youngest and most vulnerable—at risk."

The Division's letter warns retailers that selling vapor products with flavors other than tobacco violates New Jersey’s Consumer Fraud Act (CFA) and could result in fines up to $10,000 for the first violation and $20,000 for subsequent violations.

In August 2024, civil monetary penalties were assessed against 19 retailers for alleged CFA violations related to flavored vapor product sales.

Despite containing high levels of nicotine, e-cigarettes come in kid-friendly flavors and designs. Some even include video games encouraging young users to earn virtual coins by vaping.

New Jersey joins several states including California, Connecticut, Illinois, Hawaii, Minnesota, New York, Vermont, Ohio, and Washington D.C., in enforcing licensing and consumer protection laws against companies involved in importing or selling flavored e-cigarettes. States are using various enforcement tools ranging from warning letters to legal actions.

Consumers who know about businesses selling flavored vapor products are encouraged to file complaints with the Division of Consumer Affairs through their website or by calling their toll-free numbers.