AG Platkin: Division of Consumer Affairs Issues 19 Notices of Violation to Stores After Investigation into Illegal Sales of Flavored Vapor Products Banned in New Jersey
TRENTON – Attorney General Matthew J. Platkin and the Division of Consumer Affairs (“Division”) announced today that 19 New Jersey retailers were issued Notices of Violation (“NOVs”) and assessed civil penalties of $4,500 each for allegedly violating the state’s consumer protection laws by offering and selling flavored vapor products that are banned for sale in New Jersey. The enforcement actions are the result of a Division investigation into unlawful sales of flavored electronic smoking devices and products, including mint, candy, fruit, and chocolate flavors. Research has shown that these products are extremely appealing to teens and children and the nationwide rise in their use is undermining hard-fought declines in adolescent smoking. To combat this problem, in January 2020, Governor Phil Murphy signed legislation prohibiting the sale and distribution of all vapor products with a flavor, taste, or aroma other than tobacco, making New Jersey the first state in the nation to impose a permanent ban on these products. “Thanks to Governor Murphy, New Jersey has some of the strongest laws in the nation to prevent the sale of flavored vape products that are particularly attractive to kids, and we intend to enforce them,”
said Attorney General Platkin. “As students across the state head back to school, we’re sending a message of deterrence to retailers. If you are caught selling these dangerous, banned products, you will be held accountable.” “The ban on flavor vaping devices is in place to protect New Jersey consumers—especially our youth—from the harmful effects of electronic cigarettes, nicotine, and tobacco,”
said Cari Fais, Acting Director of the Division of Consumer Affairs. “By identifying and taking enforcement action against merchants who illegally sell these products, we are protecting public health and fulfilling our responsibility to safeguard consumers from unlawful business practices.” The Division launched its investigation into the unlawful offer and sale of flavored vapor products in June 2024. Through undercover buys and in-store inspections, investigators identified smoke shops, convenience stores, and gift and novelty retailers in five counties offering and selling the banned products, many in locations close to schools and parks or on or near shore town boardwalks. The NOVs allege that the retailers engaged in the selling and/or offering for sale of prohibited vapor products that have a characterizing flavor and therefore engaged in an unlawful practice under the New Jersey Consumer Fraud Act. Each NOV includes a demand for civil penalties in the amount of $4,500. The following retailers received NOVs: - Aloha Convenience & Smoke LLC, Plainfield, NJ
- Cruz Grocery Store, Newark, NJ
- Shell Food Mart, Parlin, NJ
- Still the Dubb on Springfield Convenience Store, Irvington, NJ
- Supreme Cloud Smoke Shop, Sayreville, NJ
- Wacky Tobaccy Smoke Shop, Asbury Park, NJ
- Spirit Gifts, Wildwood, NJ
- Spirit USA, Wildwood, NJ
- Genesis, Wildwood, NJ
- Over the Boardwalk, Wildwood, NJ
- Exotics, Wildwood, NJ
- Gift World, Wildwood, NJ
- High Society, Wildwood, NJ
- Gifts 4 U, Wildwood, NJ
- Waves, Wildwood, NJ
- No Cap, Wildwood, NJ
- Golden Gate, Wildwood, NJ
- Smoke Factory, Wildwood, NJ
- Dolphin, Wildwood, NJ
The investigation was conducted by OCP Investigators Caroline Clark, Matthew Reilley, Kristen Reilley, Gregory Zeichner, Jose Saville, Steven Varites, Demetra Murray, Kathy Plasencia, and Supervising Investigator Josep Iasso. Attorney General Platkin and the Division are committed to protecting consumers from e-cigarette sellers who engage in illegal practices. In December of 2022, Attorney General Platkin announced that New Jersey had entered a multistate settlement stemming from a two-year investigation of e-cigarette manufacturer JUUL Labs wherein the multistate alleged JUUL engaged in an advertising and marketing campaign that appealed to youths even though its e-cigarettes are illegal for them to purchase. Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file a complaint with the State Division of Consumer Affairs by visiting its
website or by calling
1-800-242-5846 (toll free within New Jersey) or
973-504-6200.
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