Letters Part of a Coordinated Multi-State Crackdown on Sale of Vapor Products Linked to Rise in Nicotine Use Among Teens

TRENTON – Advancing efforts to protect New Jerseyans from the hazards of electronic cigarettes, Attorney General Matthew J. Platkin announced today that the Division of Consumer Affairs sent letters to nearly 11,000 New Jersey businesses reminding them that selling flavored vapor products is unlawful and directing them to cease any such sales immediately.

The warning letters, sent to New Jersey businesses licensed to sell tobacco and vapor products in the state, were issued as part of a coordinated, multi-state enforcement initiative to address the unlawful sales of flavored e-cigarettes, vape pens, and accessories.

These products—characterized by candy, fruit, chocolate, and other flavor—are particularly appealing to children and have been linked to a nationwide rise in tobacco use among adolescents. New Jersey permanently banned the sale of these products in 2020, the first state in the country to do so.

“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.”

“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,” said Cari Fais, Director of the Division of Consumer Affairs. “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.”

In its letter to New Jersey retailers, the Division warns that offering or selling vapor products characterized with a flavor, taste, or aroma other than tobacco—including mint, menthol, and wintergreen—in violation of the flavored vape ban is a violation of New Jersey’s Consumer Fraud Act (CFA) and punishable by up to $10,000 for the first violation and $20,000 for each subsequent violation.

In August 2024, the Division also issued Notices of Violation with assessed civil monetary penalties of $4,500 each against 19 retailers for alleged CFA violations in the offer or sale of flavored vapor products.

Despite containing dangerously high amounts of nicotine, e-cigarettes come in kid-friendly flavors, playful shapes, bright colors, and some even include video games that encourage young consumers to earn virtual coins by vaping. To date, these products are the most widely used tobacco product among youth, jeopardizing their health and well-being. 

Today, New Jersey joins California, Connecticut, Illinois, Hawaii, Minnesota, New York, Vermont, Ohio, and Washington D.C. in taking steps to enforce their respective licensing and consumer protection laws to pursue the companies responsible for importing, distributing, selling, and marketing flavored e-cigarettes. States within the coalition are employing a range of enforcement tools, from sending warning letters to e-cigarette retailers, to serving subpoenas or civil investigative demands, to filing lawsuits.

Consumers aware of businesses offering and selling flavored vapor products are urged to file a complaint with the Division of Consumer Affairs by visiting its website or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.

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