TRENTON — Attorney General Matthew J. Platkin and the New Jersey Division of Consumer Affairs announced today that 19 retailers across the state have been issued Notices of Violation (NOVs) and fined $4,500 each for allegedly selling flavored vapor products that are banned in New Jersey. The enforcement actions come after a Division investigation revealed illegal sales of flavored electronic smoking devices, including varieties such as mint, candy, fruit, and chocolate.
The products in question are known for their appeal to teenagers and children, with research indicating that their use has contributed to a resurgence in adolescent smoking. In response to this growing concern, Governor Phil Murphy signed legislation in January 2020 that prohibited the sale and distribution of all flavored vapor products, except for those with a tobacco flavor. This made New Jersey the first state in the country 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,” Attorney General Platkin said. “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.”
The Division launched its investigation into these unlawful sales in June 2024. Undercover buys and in-store inspections conducted by investigators identified several smoke shops, convenience stores, and novelty retailers in five counties that were selling the banned products. Many of these stores were located near schools, parks, and shore town boardwalks, raising further concern about their proximity to youth populations.
“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 NOVs allege that the retailers engaged in illegal practices under the New Jersey Consumer Fraud Act by offering and selling vapor products with a characterizing flavor. The following retailers were among those cited:
- The following retailers received NOVs:
- 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 was carried out by Division of Consumer Affairs investigators, including Caroline Clark, Matthew Reilley, Kristen Reilley, and others. The Attorney General’s Office emphasized its ongoing commitment to enforcing consumer protection laws, particularly those aimed at preventing the illegal sale of e-cigarettes and related products to minors.
In a related matter, in December 2022, Attorney General Platkin announced New Jersey’s involvement in a multistate settlement with e-cigarette manufacturer JUUL Labs. The settlement stemmed from a two-year investigation into JUUL’s marketing practices, which were found to have targeted young consumers.
