Regulates certain vapor products.

A4572

ASSEMBLY, No. 4572

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

SYNOPSIS

���� Regulates certain vapor products.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning tobacco and vapor products, and amending
Title 2A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. Section 3 of P.L.1995,
c.304 (C.2A:170-51.1) is amended to read as follows:

���� 3.��� A person 21 years of age
or older who purchases a tobacco product
, including any refillable or single
use electronic smoking device or vapor product,
or
a
cannabis item
as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) for a person who is
under 21 years of age is a petty disorderly person.

(cf:
P.L.2021, c.25, s.9)

���� 2. Section 1 of P.L.2000, c.87
(C.2A:170-51.4) is amended to read as follows:

���� 1. a. 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 under 21 years of age
[
:

���� (1)�� any cigarettes made of
tobacco or of any other matter or substance which can be smoked, or any
cigarette paper or tobacco in any form, including smokeless tobacco; or

���� (2)�� any electronic smoking
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, or any cartridge or other component of
the device or related product
]

any tobacco product
.

���� b.��� The establishment of all
of the following shall constitute a defense to any prosecution brought pursuant
to subsection a. of this section:

���� (1)�� that the purchaser of
the tobacco product
[
or
electronic smoking device
]

or the recipient of the promotional sample falsely represented, by producing
either a driver's license or non-driver identification card issued by the New
Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of
another state or the federal government of Canada, or a photographic
identification card issued by a county clerk, that the purchaser or recipient
was of legal age to make the purchase or receive the sample;

���� (2)�� that the appearance of
the purchaser of the tobacco product
[
or
electronic smoking device
]

or the recipient of the promotional sample was such that an ordinary prudent
person would believe the purchaser or recipient to be of legal age to make the
purchase or receive the sample; and

���� (3)�� that the sale or
distribution of the tobacco product
[
or
electronic smoking device
]

was made in good faith, relying upon the production of the identification set
forth in paragraph (1) of this subsection, the appearance of the purchaser or
recipient, and in the reasonable belief that the purchaser or recipient was of
legal age to make the purchase or receive the sample.

���� c.���� A person who violates
the provisions of subsection a. of this section, including an employee of a
retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.) who actually
sells or otherwise provides a tobacco product to a person under 21 years of age,
shall be liable to a civil penalty of not less than
[
$250
]

$10,000
for the first
violation, not less than
[
$500
]

$20,000

for the second violation, and
[
$1,000
]

$20,000

for the third and each subsequent violation.� The civil penalty shall be
collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the
municipal court having jurisdiction.� An official authorized by statute or
ordinance to enforce the State or local health codes or a law enforcement
officer having enforcement authority in that municipality may issue a summons
for a violation of the provisions of subsection a. of this section, and may
serve and execute all process with respect to the enforcement of this section
consistent with the Rules of Court.� A penalty recovered under the provisions
of this subsection shall be recovered by and in the name of the State by the
local health agency.� The penalty shall be paid into the treasury of the
municipality in which the violation occurred for the general uses of the
municipality
, except that the Department of Health and the Division of
Taxation in the Department of the Treasury shall ensure that 25 percent of the
penalties collected under this subsection are used exclusively for
youth-focused tobacco and vaping prevention education, including:� school
programs, parent and caregiver outreach, community awareness campaigns, and youth
cessation and support services
.�

���� d.��� In addition to the
provisions of subsection c. of this section, upon the recommendation of the
municipality, following a hearing by the municipality, the Division of Taxation
in the Department of the Treasury
[
may
suspend or, after a second or subsequent violation of the provisions of
subsection a. of this section,
]

shall suspend the license issued under section 202 of P.L.1948, c.65
(C.54:40A-4) of a retail dealer after a third violation of the provisions of
subsection a. of this section for a period of 90 days, and shall
revoke the
license issued under section 202 of P.L.1948, c.65 (C.54:40A-4) of a retail
dealer
after a fourth violation of the provisions of subsection a. of this
section
.� The licensee shall be subject to administrative charges, based on
a schedule issued by the Director of the Division of Taxation, which may
provide for a monetary penalty in lieu of a suspension.

���� e.���� A penalty imposed
pursuant to this section shall be in addition to any penalty that may be
imposed pursuant to section 3 of P.L.1999, c. 90 (C.2C:33-13.1).

����
g. As used in this section:

����
�Tobacco product� means: �any
product containing, made of, or derived from tobacco or nicotine that is
intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by other means, including, but not limited to, a
cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus; any vapor
product; and any component, part, or accessory of a product containing, made
of, or derived from tobacco or nicotine or a vapor product, regardless of whether
the component, part, or accessory contains tobacco or nicotine. ��Tobacco
product� includes, but is not limited to, filters, rolling papers, blunt or
hemp wraps, hookahs, and pipes. �Tobacco product� does not include any drug,
device, or combination product approved by the federal Food and Drug
Administration pursuant to the �Federal Food, Drug, and Cosmetic Act,� 21
U.S.C. s.301 et seq.

����
�Vapor product� means any
refillable or single use device that can be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. ��Vapor
product� includes any component, part, or accessory of the device, and also
includes any substance that may be aerosolized or vaporized by such device, regardless
of whether the substance contains nicotine. �Vapor product� does not include
any drug, device, or combination product authorized by the federal Food and
Drug Administration pursuant to the �Federal Food, Drug, and Cosmetic Act,� 21
U.S.C. s.301 et seq.

(cf: P.L.2017, c.118, s.2)

���� 3. Section 1 of P.L.2019,
c.396 (2A:170-51.11) is amended to read as follows:�

���� 1. a.� No person shall, either
directly or indirectly by an agent or employee, when engaging in the sale or
offer for sale of any tobacco or vapor product to a consumer at retail:

���� (1)�� offer, provide, or
accept coupons, including online coupons;

���� (2)�� offer or provide price
reduction promotions, including online promotional discount codes; or

���� (3)�� offer or provide price
rebates.

���� b.��� A person who violates
the provisions of subsection a. of this section shall be liable to a civil
penalty of not less than $250 for the first violation, not less than $500 for
the second violation, and $1,000 for the third and each subsequent violation.� The
civil penalty shall be collected pursuant to the "Penalty Enforcement Law
of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding
before the municipal court having jurisdiction.� An official authorized by
statute or ordinance to enforce the State or local health codes or a law
enforcement officer having enforcement authority in that municipality may issue
a summons for a violation of the provisions of subsection a. of this section,
and may serve and execute all process with respect to the enforcement of this
section consistent with the Rules of Court.� A penalty recovered under the
provisions of this subsection shall be recovered by and in the name of the
State by the local health agency.� The penalty shall be paid into the treasury
of the municipality in which the violation occurred for the general uses of the
municipality.

���� c.���� In addition to the
provisions of subsection b. of this section, upon the recommendation of the
municipality, following a hearing by the municipality, the Division of Taxation
in the Department of the Treasury may suspend or, after a second or subsequent violation
of the provisions of subsection a. of this section, revoke a license issued
under section 202 of P.L.1948, c.65 (C.54:40A-4) of a retail dealer.� The
licensee shall be subject to administrative charges, based on a schedule issued
by the Director of the Division of Taxation, which may provide for a monetary
penalty in lieu of a suspension.

���� d.��� A penalty imposed
pursuant to this section shall be in addition to any other penalty that may be
imposed in connection with the offense.

���� e.���� Nothing in this section
shall apply to coupons, price reductions, or price rebates for smoking
cessation products, including gum, lozenges, or other aids to smoking cessation
approved by the federal Food and Drug Administration, and nothing in this section
shall be construed to prohibit a medical cannabis dispensary or clinical
registrant issued a permit pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) from
using coupons, price reductions, or price rebates in connection with medical
cannabis, paraphernalia, or other related products dispensed to or on behalf of
a registered qualifying patient.�

���� Nothing in this section shall
be construed to impose liability on news media that accept or public
advertising that may include coupons, price reductions, or rebates that violate
the provisions of this section.

���� f.���� As used in this
section:

���� "Tobacco product"
means cigarettes made of tobacco or of any other matter or substance which can
be smoked, or any cigarette paper or tobacco in any form, including smokeless
tobacco.

���� "Vapor product"
means any
refillable or single use
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.� "Vapor
product" includes, but is not limited to, 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 that is intended to be used with, or in, any such device.�
"Vapor product" does not include any product that is approved, and
that is regulated as a prescription drug delivery service, by the United States
Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic
Act.

(cf: P.L.2019, c.396, s.1)

���� 4. Section 1 of P.L.2019,
c.425 (2A:170-51.12) is amended to read as follows:�

���� 1. a. No retailer, either
directly or indirectly by an agent or employee, or by a vending machine owned
by the retailer or located in the retailer'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 vapor product that
has a characterizing flavor.

���� b.��� A retailer that violates
the provisions of subsection a. of this section shall be liable to a civil
penalty of not less than $500 for the first violation, not less than $1,000 for
the second violation, and not less than $2,000 for the third and each subsequent
violation.� The civil penalty shall be collected pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a
summary proceeding before the municipal court having jurisdiction.� An official
authorized by statute or ordinance to enforce the State or local health codes
or a law enforcement officer having enforcement authority in that municipality
shall issue a summons for a violation of the provisions of subsection a. of
this section, and shall serve and execute all process with respect to the
enforcement of this section consistent with the Rules of Court.� A penalty
recovered under the provisions of this subsection shall be recovered by and in
the name of the State by the local health agency.� The penalty shall be paid into
the treasury of the municipality in which the violation occurred for the
general uses of the municipality.

���� c.���� In addition to the
provisions of subsection b. of this section, the Division of Taxation in the
Department of the Treasury:

���� (1)�� shall, upon a third and
each subsequent violation of the provisions of subsection a. of this section,
following a hearing by the municipality, suspend, for a period of not less than
three years, the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3)
of a vapor business; and

���� (2)�� notwithstanding the
provisions of paragraph (1) of this subsection, upon a fourth or subsequent
violation of the provisions of subsection a. of this section, may, upon
recommendation by the municipality and following a hearing by the municipality,
revoke the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of
a vapor business.�

���� A licensee whose license is
subject to suspension or revocation shall additionally be subject to
administrative charges, based on a schedule issued by the Director of the
Division of Taxation.

���� d.��� Nothing in this section
shall be construed to apply to medical cannabis, medical cannabis products,
paraphernalia, or related supplies dispensed to or on behalf of a registered
qualifying patient pursuant to the "Jake Honig Compassionate Use Medical
Cannabis Act," P.L.2009, c.307 (C.24:6I-1 et al.).

���� e.���� As used in this
section:

���� "Characterizing
flavor" means a distinguishable flavor, taste, or aroma other than
tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey,
candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or
spice flavoring, that is imparted, prior to or during consumption, by a vapor
product, including any smoke or vapor emanating from that product.� A vapor
product shall be deemed to have a characterizing flavor if the product is
advertised or marketed as having or producing any such distinguishable flavor,
taste, or aroma.

���� "Vapor product"
means any
refillable or single use
device that may be used to deliver
any aerosolized or vaporized substance to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah.� "Vapor product" includes any component, part, or accessory
of the device, and also includes any substance that may be aerosolized or
vaporized by such device, regardless of whether the substance contains
nicotine.� "Vapor product" does not include any drug, device, or
combination product approved by the federal Food and Drug Administration
pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C.
s.301 et seq.

(cf: P.L.2019, c.425, s.1)

���� 5. This act shall take effect
on the 90th day following the date of enactment.

STATEMENT

���� This bill regulates certain
vapor products.

���� The bill clarifies that vapor
products includes single-use devices.� In addition, the bill provides that a
person 21 years of age or older who purchases a refillable or single use
electronic smoking device or vapor product for a person who is under 21 years
of age is a petty disorderly person.

���� Under the bill, the penalties
for selling �tobacco products,� as this term is defined in the bill, to a
person under 21 years of age are increased from $250 to $10,000 for the first
violation, $500 to $20,000 for the second violation, and from $1,000 to $20,000
for the third and each subsequent violation. Further, a third violation is to
result in a 90 day license suspension, and a fourth violation is to result in
license revocation.� The bill provides that the Department of Health and the
Division of Taxation in the Department of the Treasury are to ensure that 25
percent of these penalties are used exclusively for youth-focused tobacco and
vaping prevention education, including:� school programs, parent and caregiver
outreach, community awareness campaigns, and youth cessation and support
services.�

���� It is the sponsor�s belief
that disposable vaping products are rapidly gaining popularity, particularly
among youth, due to the convenience, cost, concealability, and wide
availability in appealing flavors.� Current laws that regulate refillable
vaping devices and flavored vape products do not explicitly address disposable
products, creating a loophole that undermines public health protections.� To
safeguard youth and communities, all nicotine delivery systems�refillable or
disposable�must be regulated equally.