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New Jersey


Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

In January 2010, New Jersey implemented a statewide vaping ban that prohibits the use of electronic cigarettes and vaping in all areas where smoking is banned, including all indoor public places and businesses. All ‘No Smoking’ signage must be abided by.

Recently there was another bill passed to ban all flavored e-liquids in New Jersey, but this was veto’d again by Governor Chris Christie. A third attempt to ban all flavored e-liquids is currently underway and has not yet been veto’d, and with Governor Chris Christie not campaigning for another term in the upcoming election for a new Governor, this may indeed be passed into law very shortly.

There are a large number of e-cigarette stores to be found throughout New Jersey, mainly in and around the Newark area and the east coast, with a number also to be found throughout most other areas of the state.

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All Laws & Regulations

Use restrictions

Electronic smoking device means “an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.” N.J. Stat. § 26:3D-57 (2017)

Packaging restrictions

Liquid nicotine means “any solution containing nicotine which is designed or sold for use with an electronic smoking device.” N.J. Stat. § 2A:170-51.9(a)(2) (2017)

Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] not intended to be opened by the consumer.” N.J. Stat. § 2A:170-51.9(a)(3) (2017)

Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form intended to be used with, or in, any such device.” N.J. Stat. § 2A:170-51.9(a)(4) (2017)

Liquid nicotine must be sold in child-resistant containers. N.J. Stat. § 2A:170-51.9(a) (2017)

Sale/distribution of electronic smoking device to person under age 19 prohibited.

N.J. Stat. §§ 2A:170-51.4.1(a)(2)

Sale/distribution of electronic smoking device to person under age 21 prohibited.

N.J. Stat. §2C:33-13-1 (a)(2017)

Use of electronic smoking device included in definition of “smoking” and prohibited in same spaces smoking prohibited, including indoor public places, workplaces and schools (with some exceptions). N.J. Stat. § 26:3D-57 through 26:3D-60 (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws:

World Health Organization Tobacco Report:

Tobacco Atlas Information:

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