New Laws on Flavored Vaping Products Went in Effect

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MORRIS COUNTY — New Jersey became the first state to permanently ban the sale and distribution of flavored vaping products amid a national health crisis that has killed 60 people.

The law (S3265) became effective on April 20 after Governor Phil Murphy established a task force on vaping last fall. The flavors, some say, get kids hooked on nicotine. But vape shop owners say their customers predominately buy those flavored products, and that they will go bankrupt.

The bill introduced on December 6, 2018 (S3265) was sponsored by Senators Richard Codey, Shirley Turner and Joseph Vitale state “No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person’s establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any electronic smoking device or any cartridge or other component of the device or other related product, including liquid nicotine, that has a characterizing flavor.” (Click here to view a copy of the bill).

Murphy also signed a law (S1647) that bans the use of coupons and rebates for vaping products, but he vetoed another (S4223) that would have increased penalties for shop owners caught selling products to people under 21. The governor did not sign the bill because it would have required an overhaul of the vapor shop licensing system and complicate taxes on products. (Click here to view Bill S1647 or click here to view Bill S4223).

These laws took effect on April 20.