New Jersey Bans Flavored Vaping Products

The law is the first U.S. permanent prohibition against e-cigarette flavors.

January 24, 2020

TRENTON, N.J.—This week, New Jersey Gov. Phil Murphy signed the nation’s first permanent ban on flavored vaping products, reports. “As governor, I am first and foremost charged with protecting the health and safety of our people,” said Murphy. “Research shows that flavored electronic smoking devices and products, such as mint, candy, fruit, and chocolate, are extremely appealing, especially to children.”

On April 20, the ban will take effect. Some vape shop owners say that’s not enough time to make the changes, while others have complained the ban will put them out of business.

One version of the bill also included a menthol cigarette ban, but that was stricken from the final version. There are indications that a separate bill with a menthol ban could be brought before the Assembly this year.

Another bill the governor signed forbids coupons, rebates and price for tobacco and vaping products. However, Murphy vetoed a measure that would have raised penalties for retailers who sold vaping products to minors.

At the federal level, the U.S. Food and Drug Administration (FDA) in January issued final guidance banning on most flavored cartridge-based e-cigarettes, except for tobacco and menthol flavors. The guidance permits the sale of e-liquid flavors used in open vaping systems and in disposable, single-use vape products. Retailers must remove the banned flavored cartridge-based e-cigarettes by February 6. NACS has prepared a Q&A to help retailers prepare for the flavor ban. Click here to see the Q&A.