New Jersey lawmakers have taken steps to address the growing problem of youth vaping by advancing several measures aimed at cracking down on retailers who violate the state's ban on flavored vape products and sell tobacco to underage customers. Despite existing laws that prohibit the sale of flavored vape products and restrict tobacco sales to individuals 21 and older, enforcement has been a challenge, leading to a surge in vaping among teens and pre-teens.
The Assembly Health Committee has given the green light to two bills designed to tighten regulations on vape and tobacco retailers. The first measure would mandate twice-yearly inspections of these businesses, with a specific focus on identifying the illegal sale of products with characterizing flavors, which New Jersey banned in 2020 to reduce the likelihood of youth addiction.
Experts cite a flood of illegal flavored products from overseas as a significant contributing factor to the state's youth vaping problem. Earlier this year, the U.S. Food and Drug Administration took action against five New Jersey shops that failed to comply with the state's law after receiving warning letters.
The second bill approved by the Assembly panel increases fines for retailers caught selling tobacco products to underage customers. Tom Collins, a retired commander from the Camden County Metro Police Department, testified before the committee, stating that current penalties in New Jersey are "laughable" and viewed by retailers as simply the cost of doing business.
New Bill Seeks to Raise Vape by Mail Age Limit to 21
Lawmakers have also introduced a new bill that would strengthen New Jersey's age restrictions on electronic smoking devices and tobacco products by prohibiting the delivery of these items to individuals under the age of 21. The legislation would require any tobacco or vaping product delivered to a residence to be signed for by a resident who is at least 21 years old.
The bill outlines several defenses available to sellers accused of violating the law, such as if the buyer falsely presented valid identification indicating they were of legal age and the transaction was conducted in good faith. Violations would result in civil and criminal penalties, consistent with existing laws governing the sale of tobacco and electronic smoking devices to minors.
The Department of Health would have the authority to adopt rules and regulations to implement the provisions of the bill, which would take effect 180 days after its enactment.
As New Jersey continues to grapple with the youth vaping epidemic, these proposed measures demonstrate the state's commitment to enforcing existing laws, holding retailers accountable, and educating young people about the risks associated with vaping.
