NJ Cracks Down on Illegal Vape Sales: 19 Stores Cited

19 Notices of Violation to Stores After Investigation into Illegal Sales of Flavored Vapor Products Banned in New Jersey.Photo byMorristown Minute

NJ Attorney General and Division of Consumer Affairs crack down on retailers violating a state ban on flavored e-cigarette sales.

NEW JERSEY - Nineteen retailers across New Jersey have been issued Notices of Violation (NOVs) and fined $4,500 each for allegedly selling flavored vapor products, a practice banned under state law. The action, announced today by Attorney General Matthew J. Platkin and the Division of Consumer Affairs, follows an investigation into the unlawful sale of these products, which are particularly attractive to teens and children.

Background of the Ban

In January 2020, New Jersey became the first state in the nation to impose a permanent ban on the sale of vapor products with flavors other than tobacco. This legislation was enacted in response to growing concerns over the rise in youth vaping, which threatened to reverse the progress made in reducing adolescent smoking rates. Research has consistently shown that flavored e-cigarettes, including those with mint, candy, fruit, and chocolate flavors, are especially appealing to young people.

“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.”

Investigation and Enforcement Actions

The Division of Consumer Affairs launched its investigation in June 2024, conducting undercover purchases and in-store inspections to identify retailers violating the state’s ban. The investigation targeted smoke shops, convenience stores, and gift and novelty retailers in five counties, with many of the violations occurring in stores located near schools, parks, or along popular shore town boardwalks.

The NOVs allege that the cited retailers engaged in unlawful practices under the New Jersey Consumer Fraud Act by selling or offering for sale vapor products with characterizing flavors. Each violation carries a civil penalty of $4,500.

“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.”

List of Cited Retailers

The following businesses were issued NOVs for allegedly selling the banned flavored vapor products:

• Aloha Convenience & Smoke LLC, Plainfield, NJ
• Cruz Grocery Store, Newark, NJ
• Shell Food Mart, Parlin, NJ
• Still the Dubb on Springfield Convenience Store, Irvington, NJ
• Supreme Cloud Smoke Shop, Sayreville, NJ
• Wacky Tobaccy Smoke Shop, Asbury Park, NJ
• Spirit Gifts, Wildwood, NJ
• Spirit USA, Wildwood, NJ
• Genesis, Wildwood, NJ
• Over the Boardwalk, Wildwood, NJ
• Exotics, Wildwood, NJ
• Gift World, Wildwood, NJ
• High Society, Wildwood, NJ
• Gifts 4 U, Wildwood, NJ
• Waves, Wildwood, NJ
• No Cap, Wildwood, NJ
• Golden Gate, Wildwood, NJ
• Smoke Factory, Wildwood, NJ
• Dolphin, Wildwood, NJ

The investigation and subsequent enforcement actions were carried out by a team of investigators from the Division of Consumer Affairs, led by Supervising Investigator Josep Iasso. Attorney General Platkin emphasized the state’s ongoing commitment to protecting consumers, particularly from businesses engaging in illegal practices that could harm youth.

This is not the first time New Jersey has taken action against e-cigarette sales targeting minors. In December 2022, Attorney General Platkin announced that the state had joined a multistate settlement with JUUL Labs following a two-year investigation. The settlement addressed allegations that JUUL’s advertising and marketing campaigns were deliberately aimed at young consumers, despite the fact that e-cigarettes are illegal for them to purchase.

Reporting Consumer Abuse

Consumers who believe they have been victims of illegal business practices or suspect other forms of consumer abuse are encouraged to file a complaint with the New Jersey Division of Consumer Affairs. Complaints can be submitted through the Division’s website or by calling 1-800-242-5846 (toll-free within New Jersey) or 973-504-6200.

Through these continued efforts, the state aims to maintain the integrity of its consumer protection laws and safeguard public health, particularly among vulnerable populations such as children and teenagers.

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