E-Cigarette Regulations - New Jersey

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
N.J. Stat. § 54:40B-2 (2020)

 

How does the state define an e-cigarette?

Use restrictions

Electronic smoking device means “an electronic 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.”
N.J. Stat. § 26:3D-57 (2020)

Packaging restrictions

Liquid nicotine means “any solution containing nicotine which is designed or sold for use with an electronic smoking device.”
N.J. Stat. § 2A:170-51.9(a)(2) (2020)

Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] not intended to be opened by the consumer.”
N.J. Stat. § 2A:170-51.9(a)(3) (2020)

Vapor product means “any 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 [including] 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 intended to be used with, or in, any such device.”
N.J. Stat. § 2A:170-51.9(a)(4) (2020)

Tax

Electronic smoking device means “a nonlighted, noncombustible device that may be used to simulate smoking and that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine or other substance for inhalation into the body of a person, [including devices marketed as] an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.”
N.J. Stat. § 54:40B-2 (2020)

Liquid nicotine means “any solution containing nicotine that is designed or sold for use with an electronic smoking device.”
N.J. Stat. § 54:40B-2 (2020)

Container e-liquid means “a container of liquid nicotine or other liquid where the liquid is marketed, sold, or intended for use in an electronic smoking device, but does not include a prefilled catridge or other container where the cartridge or container is marketed, sold, or intended for use as, or as a part of, an electronic smoking device.”
N.J. Stat. 54:40B-2 (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Liquid nicotine taxed at rate of $0.10 per fluid milliliter by volume, and a proportionate rate on all fractional parts of fluid milliliter (except container e-liquid).
N.J. Stat. § 54:40B-3.2(a) and (d) (2020)

Container e-liquid taxed at rate of 10% of the listed retail sale price.
N.J. Stat. § 54:40B-3.4(a) (2020)

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine must be sold in child-resistant containers.
N.J. Stat. § 2A:170-51.9(a) (2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic smoking device to person under age 21 prohibited.
N.J. Stat. §§ 2A:170-51.4(a)(2); 2C:33-13.1(a) (2020)

Advertising electronic cigarettes prohibited on NJ Transit.
N.J. Admin. Code § 16:86-1.2(a)(8) (2020)

E-liquids may only be sold at retail by licensed specialty vapor businesses.
N.J. Stat. § 54:40B-3.3(a) (2020)

Discounted sales of vapor products (including through coupons and rebates) prohibited.
N.J. Stat. 2A:170-51.11(1)(a) (2020)

Discounted sales or distribution of flavored vapor products prohibited.
N.J. Stat. 2A:170-51.12(1)(a) (2020)

 

Is a retail license or permit required to sell e-cigarettes?

No.

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic smoking device included in definition of “smoking” (N.J. Stat. §§ 26:3D-57), and prohibited in same spaces smoking prohibited, including: indoor public places, workplaces, public parks and beaches (26:3D-58); with some exceptions (26:3D-59); and restricted in lodging establishments (26:3D–60) (2020)).

Children’s Group Homes must prohibit use of electronic smoking devices by children and staff sale/distribution of such devices to children.
N.J. Admin. Code § 3A:56-4.6 (2020)

Use of electronic cigarettes prohibited in Atlantic City International Airport similar to smoking.
N.J. Admin. Code § 19:76-4.3 (2020)

 

New Jersey e-cigarette regulations as of September 15, 2020.

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