Prohibits targeted advertisements that promote vapor products or use of vapor products to individuals under the age of 21 on social media platforms.

S4019

SENATE, No. 4019

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

SYNOPSIS

���� Prohibits targeted advertisements that promote vapor
products or use of vapor products to individuals under the age of 21 on social
media platforms.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning social media and supplementing Title
56 of the Revised Statutes.

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

���� 1.� a.� As used in this
section:

���� �Public or semi-public
internet-based service or application� excludes any internet-based service or
application that is used to facilitate communication within a business or
enterprise among� employees or affiliates of the business or enterprise, provided
that access to the service or application is restricted to employees or
affiliates of the business or enterprise using the service or application.

���� �Social media platform� means
a public or semi-public internet-based service or application that has users in
this State, which service or application:� allows users to construct a public
or semipublic profile for the purposes of using the platform, populate a list
of other users with whom the user shares a social connection through the
platform, and post content viewable by other users of the platform; and is
designed to connect users within the platform to facilitate social
interactions, except that a service or application that provides email or
direct messaging services shall not be considered to meet this criterion solely
based on the existence of that functionality.

����
�Vapor product� means any 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.

���� b.� It shall be an unlawful practice for any person to
advertise any vapor product, or promote the use thereof, on any social media
platform in a manner that targets individuals under 21 years of age.

���� c. A person that violates the provisions of subsection
a. of this section shall be liable for a civil penalty, not to exceed $250,000
per violation, to be collected in a civil action by a summary proceeding under
the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.). The Superior Court and the municipal court shall have jurisdiction to
enforce the provisions of the "Penalty Enforcement Law of 1999"
pursuant to this subsection.

���� 2.� This act shall take effect
immediately.

STATEMENT

���� The bill prohibits the
targeted advertisement of vapor products and promotion of the use of vapor
products
to any individual under
21 years of age on any social media platform.� Under the bill, it is unlawful
for any person to advertise any vapor product, or promote the use thereof, on
any social media platform in a manner that targets individuals under 21 years
of age.

���� A person that violates the provisions of the bill will
be liable for a civil penalty, not to exceed $250,000 per violation, to be
collected in a civil action by a summary proceeding under the "Penalty
Enforcement Law of 1999.�� The Superior Court and the municipal court will have
jurisdiction to enforce the provisions of the bill.

���� The bill defines �vapor product� to mean any 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.

���� The bill defines �
social media platform� to mean
a public or semi-public internet-based service or application that has users in
this State, which service or application:� allows users to construct a public
or semipublic profile for the purposes of using the platform, populate a list
of other users with whom the user shares a social connection through the
platform, and post content viewable by other users of the platform; and is
designed to connect users within the platform to facilitate social
interactions, except that a service or application that provides email or
direct messaging services shall not be considered to meet this criterion solely
based on the existence of that functionality.