Vaping Laws in New Jersey: Restrictions and Updates for 2025

New Jersey's vaping laws impose strict restrictions on sales to minors and limits on public use. They have also added stricter import/export rules and limited advertising, labeling, and public use.

In 2025, these rules are expected to become even stricter for imports/exports, manufacturing, ads, licensing, and usage.

Below we have provided an overview of the vaping laws in New Jersey including the current framework, legal consequences, and anticipated changes.

Latest Vaping Laws in New Jersey

New Jersey has rules for everyone in the vaping industry. This includes importers, manufacturers, wholesalers, and retailers. On one hand, these rules promote responsible business practices and on the other hand, they reduce health risks from vaping products.

Below you’ll find the latest information available to date about e-cigarette laws in New Jersey.

For Import/Export

New Jersey follows strict federal and state guidelines for import and export. The purpose is to ensure that only compliant products are sold within the state.

Any vaping products entering New Jersey must be approved by the FDA and meet all federal standards. Importers must register their products with the FDA and provide accurate ingredient lists.

Shipments must follow safety and packaging regulations as outlined in the act N.J. Stat. Ann. § 2A:170-51.9(a) (2024). This act demands things like:

·  Child-proof containers for liquid nicotine

·  Accurate ingredient labels

·  No designs that appeal to minors

·  No banned substances like diacetyl and vitamin E acetate

New Jersey only allows the import of products that meet state definitions for liquid nicotine, e-liquid, and vapor products, (as per N.J. Stat. Ann. § 54:40B-2 (2024) permit trade.)

When exporting vaping products out of New Jersey, you need to make sure the destination state or country allows such products.

Violating these rules can result in heavy fines, confiscated products, or a shutdown of business operations.

For Manufacturers

Vaping product manufacturers must take rigorous quality control measures. Plus, they have to follow several regulations to ensure legal and consumer safety.

Below is what the state mandates from manufacturers:

·  Registration of all manufacturing facilities including approval from the FDA.

·  Submission of ingredient lists and product formulations for state approval.

·  Compliance with child-resistant packaging standards to prevent accidental ingestion.

·  Manufacturers must ensure their production facilities meet the standards of good manufacturing practices (GMP)

·  Avoid using any marketing tactics that could appeal to underage consumers.

·  Manufacturers must ensure that the nicotine levels in their products comply with New Jersey’s regulations.

High nicotine levels may be subject to restrictions and bans.

For Shops

Retail shops must follow strict rules to sell vaping products in New Jersey. They have to follow the legal framework:

·  Verifying the 21+ age of all purchasers using government-issued identification. 

·  Prominently displaying health warnings about the risks associated with nicotine products. 

·  Selling only authorized and registered products to ensure compliance with state regulations.

·  Selling only in designated areas. Online retailers also have to make sure that they are shipping only to legal-age buyers.

Recent measures by lawmakers aim to strengthen the enforcement of these rules. A proposal has been made for twice-yearly inspections of tobacco and vape retailers. This is to ensure compliance with a 2020 ban on flavored products, as per New Jersey 101.5.

Lawmakers want to raise fines on retailers selling to minors. This addresses fears about illegal flavored products from abroad. These stricter rules, backed by groups like the NJGCA (2024), aim to help honest businesses and reduce youth vaping.

Retail shops must take these laws seriously to avoid penalties and improve safety.

Labeling, Packaging, and Advertising

New Jersey vaping laws require accurate labels and standard packaging. All products must list ingredients and specify nicotine content in an organized manner.

Plus, they should include warnings about the addictive nature of nicotine and also adhere to uniform packaging designs to avoid marketing appeals to minors.

New Jersey has advertising restrictions to limit minors' exposure to vaping products. Like, these restrictions prohibit ads on platforms targeting underage audiences, like social media. Avoiding misleading claims, such as portraying vaping as a safe alternative to smoking.

Do You Need A License to Sell Disposable Vapes in New Jersey?

Yes, acquiring a license is a mandatory step for any business looking to sell nicotine products in New Jersey including disposable vapes. To get a license businesses have to apply to authorities. 

The application process requires businesses to submit detailed operational info. They must pay fees and pass inspections to follow state regulations.

Are There Any Specific Ingredient Banned?

New Jersey has banned harmful substances in vaping products. This includes diacetyl and vitamin E acetate. These ingredients can cause severe respiratory illnesses, like Popcorn Lung and EVALI.

Vaping in Public Places: Where You Can and Can’t Vape?

New Jersey limits public use of e-cigarettes to protect health and reduce secondhand vape exposure.

Under New Jersey law for electronic cigarettes, vape devices are classified as smoking and the law bans their use at certain places. This includes indoor public places, such as offices, restaurants, bars, theaters, and retail stores. Public parks, beaches, and recreation areas. Moreover, educational and healthcare facilities, public transport, and transit hubs. 

But, some private clubs, cigar lounges, and hotels allow vaping. They have designated vaping/smoking areas. In permitted areas, property owners and managers must post and enforce no-smoking signs. 

The State’s Focus on Public Health

New Jersey's health campaigns warn of vaping's risks, especially to youth. These initiatives focus on:

·  Educating the public about the addictive nature of nicotine.

·  Providing resources for individuals looking to quit vaping.

·  Highlighting the dangers of secondhand aerosol, particularly in enclosed spaces.

The state keeps a close watch on new health trends and research about nicotine products. This helps ensure its regulations stay up-to-date and effective. 

The Legal Consequences of Breaking Vaping Laws in New Jersey

Non-compliance with vaping laws can result in severe penalties for individuals and businesses. Examples include:

For Retailers

Retailers selling vaping products to minors can face:

·  Fines of up to $10,000 for repeat violations.

·  Suspension or permanent revocation of their state-issued licenses.

·  Potential lawsuits if negligence contributes to public harm.

For Individuals

Using vaping products in restricted areas can lead to fines starting at $250 for a first offense. The authorities will charge penalties of up to $1,000 in case of repeated violations. Individuals caught providing vaping products to minors may also face legal consequences.

For Manufacturers

Manufacturers that violate standards may face recalls, fines, and shutdowns. Repeated violations may lead to a permanent ban on operating within New Jersey.

A recent investigation by the Division of Consumer Affairs found that stores were selling flavored nicotine products in violation of state law. It issued 19 notices of violation. This shows the state's efforts to find and punish businesses that break regulations.

Anticipated Changes to Vaping Laws After 2025

As nicotine product regulations evolve, New Jersey will likely add new rules to address new challenges. One such measure is in the new law, Assembly Bill A1813 (2024-25). This bill bans using the delivery services to deliver electronic smoking devices and related products to those who are underage. This law will enhance oversight of the sale and delivery of these items.

Conclusion

New Jersey's vaping laws are designed to protect public health and ensure responsible business practices. With strict regulations on sales, manufacturing, advertising, and public use, the state aims to reduce youth vaping and health risks.

According to some recent news, the state is looking to ban more harmful substances, add no-go zones, and tighten ad and packaging laws. As the laws are expected to become even stricter in 2025, businesses and individuals must stay informed and comply to avoid penalties.

FAQs

Below are some of the commonly asked questions about vaping laws in New Jersey.

1. Can I vape in a public park or restaurant in New Jersey? 

No, authorities have banned vaping in public parks restaurants, and most indoor public spaces. This includes workplaces, schools, childcare centers, and healthcare facilities. Some private clubs or smoking areas may allow it if they meet requirements.

2. What’s the legal age to buy vaping products in New Jersey? 

The legal age to buy vaping products in the state of NJ (New Jersey) is 21 years old. Retailers must verify the age of purchasers using government-issued identification.

3. Are flavored vaping products still allowed in New Jersey? 

No, New Jersey bans flavored vaping products to reduce their appeal to minors. Retailers caught selling them face serious penalties.

4. What happens if I sell vaping products to a minor in New Jersey? 

Selling to minors can lead to fines of up to $10,000 for repeat offenses. It may also result in suspended or revoked business licenses and legal action.

5. Do I need a license to sell disposable vapes? 

Yes, all businesses selling disposable nicotine products must get a state license. They must also follow safety standards and keep accurate sales records.