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January 14, 2020

New Jersey Passes Statewide Flavor Ban; Who's Next?

New Jersey legislators have voted to ban vaping products with flavors other than tobacco. The law covers both pod- and cartridge-based products and bottled e-liquid. The flavor ban bill passed the Senate 22-15, and the Assembly 53-11, according to NewJersey.com.

Multiple bills were passed today. In addition to the flavor ban, the state will double its taxes on vaping products, require adult signature on delivery for online sales, cap nicotine content at two percent (20 mg/ml), and prohibit coupons and price rebates. The state will also increase penalties for sales to those under 21.

The law now goes to Gov. Phil Murphy, who must sign it into law by Jan. 21. Murphy has indicated that he will support the flavor ban.

There is a 90-day delay before the law goes into effect. Advocates say there is a good possibility that a bill could be passed in the next 90 days exempting vape shops from the flavor ban. Enough legislators expressed doubts about the bills’ small business-killing components to possibly swing a majority for a fix to the new laws as they apply to vape shops.

New Jersey becomes the second state to ban flavors. Massachusetts was the first, passing its flavor ban in late November 2019. That same week, New York City also banned flavored products.

New Jersey is the nation’s 11th largest state by population. Between New Jersey, Massachusetts, New York City, and the many municipalities in California with flavor bans, we estimate that more than 25 million Americans now live in areas that prohibit the sales of flavored vaping products.

The flavor ban trend will not end in New Jersey. Lawmakers in major states like New York and California are gearing up for a major push to ban flavors, and others will follow. There is no answer to these challenges except vapers and vaping businesses organizing and responding over and over again. But most vapers don’t understand the political threats they face, and most vape shop owners have not joined state and national trade organizations to fight back.

Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy


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Ed BMark AJim McDonaldMatthew Lewellen Recent comment authors
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Ed B
Ed B

Unbelievable.Americas becoming like a communist country where the governments control what you do!Land of the free and home of the brave?I don’t think so at least not in this age and these days! What about the veterans who fought and the service men and women who risk their lives to protect America?They can put their lives on the line to protect this country but lose their freedom of choice to vape?Sad thing what the united States of America is coming to

Matthew Lewellen
Matthew Lewellen

It is absolutely disgusting that so many years removed from the cigarette wars and the MSA, we just have accepted and tolerated smoking cigarettes as the “norm” and in a very politically correct and government parented nation, anything “new”, good or bad for us will receive so much opposition and criticism. All these old and stubborn people that I have been watching in the assemblies and senate and such have no clue to what vaping is, what it does. They refuse to see the facts. They negate the 1300 daily deaths from cigarettes. That’s “if” they aren’t part of the… Read more »

Mark A
Mark A

Jim, The true outcome of the passing of these bills is the protection of the cigarette business. The flavor ban will put vape shops out of business. The nic cap will dramatically reduce the tobacco and menthol products available in traditional tobacco retailers. Unfortunately NJ does not understand the FDA and the deeming rule. Thus the tobacco and menthol will also be prohibited until the old cig alikes come back. As they also passed restrictions on type and function of devices, not to mention the trace and verify program that must be started in 90 days.

Ed B
Ed B

New York Governor Andrew Cuomo is crazy. He just posted combustible cigarettes and vaping are both dangerous yet he has done absolutely zero to ban combustible cigarettes. If he was truly concerned about protecting teens and the public as a whole he would be pushing to ban combustible cigarettes as well.

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