New Jersey enforces strict age restrictions on electronic cigarette purchases. Compliance is mandatory for retailers and consumers.
Current Minimum Purchase Age
The legal age to purchase any electronic smoking device, e-liquid (regardless of nicotine content), or component in New Jersey is 21 years old. This law, signed in 2017, raised the minimum age from 19.
Key Legislation and Scope
- P.L. 2019, c. 58: Significantly strengthened enforcement. Prohibits sales to individuals under 21 without exception.
- Products Covered: Includes all e-cigarettes, vape pens, e-liquids, cartridges, tanks, vape mods, and related components, irrespective of nicotine presence.
- Retailer Requirements: Mandatory age verification via scanning or manual ID check for anyone appearing under 30. Strict record-keeping is enforced.
Recent Updates and Enforcement
Federal Flavor Ban Not Impacting State Age Law: While federal actions targeted certain flavored cartridge-based ENDS products, New Jersey’s minimum purchase age of 21 remains unchanged and fully in effect.
Increased Compliance Checks: State and local authorities routinely conduct undercover operations targeting retailers suspected of selling to minors. Penalties are severe.
Penalties for Violations
- Retailers: Face significant fines (escalating for repeat violations) and potential license suspension or revocation.
- Underage Purchasers/Possessors: Subject to fines and mandatory tobacco education programs, though enforcement focus primarily targets sellers.
Important Considerations
Military Personnel: Federal law prohibits denying tobacco/END sales to active-duty military personnel aged 18+, preempting state law. However, New Jersey retailers should exercise caution and seek legal counsel regarding implementation.
Possession: While the law focuses on purchase, underage possession in public places can attract penalties under municipal ordinances.
