New JerseyCan You Vape in New Jersey? The Short Answer
Yes, but New Jersey has some of the strictest vaping laws in the country. Here's what you need to know:
- Tobacco flavor only - All other flavors banned, including menthol
- 21+ age requirement - Since November 2017
- 30 cents/mL liquid nicotine tax - Tripled in August 2025
- 30% tax on container e-liquid - Also tripled in August 2025
- Statewide indoor vaping ban - Smoke-Free Air Act covers e-cigarettes
- No coupons or discounts - Promotions on vapor products are illegal
- Online sales nearly impossible - Shipping carriers won't deliver
New Jersey was the first state in the nation to permanently ban flavored vapes and the first to include e-cigarettes in its indoor smoking ban. Combined with steep tax increases, it ranks among the most restrictive states for vapers. For a comparison with other restrictive states, see our guide on states banning vapes.
New Jersey Vaping Laws: How the Rules Work
New Jersey regulates vaping through multiple overlapping statutes, treating electronic smoking devices under both tobacco control and consumer protection laws.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| New Jersey Smoke-Free Air Act | 2006 (amended 2010) | Indoor vaping ban in all public places and workplaces |
| Tobacco Age of Sale (P.L. 2017, c.118) | 2017 | Raised purchase age to 21 |
| P.L. 2019, c.425 (S3265) | 2020 | Permanent ban on all flavored vapor products except tobacco |
| P.L. 2019, c.396 | 2020 | Banned coupons, discounts, and promotions on vapor products |
| Vapor Business License Requirement | 2020 | State license required for retailers selling container e-liquid |
| P.L. 2025, c.68 | 2025 | Tripled liquid nicotine tax to 30 cents/mL, container e-liquid tax to 30% |
Timeline
| Date | Change |
|---|---|
| April 15, 2006 | Smoke-Free Air Act takes effect (traditional cigarettes) |
| March 13, 2010 | E-cigarettes added to Smoke-Free Air Act (first state in the nation) |
| November 1, 2017 | Tobacco purchase age raised to 21 |
| January 21, 2020 | Governor Murphy signs S3265 (flavor ban), first state to permanently ban flavored vapes |
| March 1, 2020 | Coupon and discount ban on vapor products takes effect |
| April 20, 2020 | Flavor ban takes effect |
| August 1, 2025 | Tax triples on liquid nicotine and container e-liquid (P.L. 2025, c.68) |
Regulatory Bodies
- New Jersey Division of Consumer Affairs - Enforces the flavor ban under the Consumer Fraud Act
- New Jersey Division of Taxation - Collects vapor product taxes, manages licensing
- New Jersey Department of Health - Oversees Smoke-Free Air Act enforcement, public health campaigns
- Local health departments - Enforce indoor vaping bans at the municipal level
- New Jersey Attorney General - Brings enforcement actions against violating retailers
- FDA - Federal compliance inspections
What's Legal vs. Illegal
Legal:
- Tobacco-flavored vapor products (pods, e-liquids, disposables)
- All vaping hardware (devices, mods, tanks, coils)
- DIY supplies (PG, VG, unflavored nicotine base)
- Purchasing at age 21+ from a licensed retailer
Illegal:
- Selling any flavored vapor products (including menthol, mint, fruit, dessert)
- Selling to anyone under 21
- Vaping indoors in public places or workplaces
- Offering coupons, discounts, or rebates on vapor products
- Selling container e-liquid without a vapor business license
The New Jersey Flavor Ban
New Jersey's flavor ban is one of the strictest in the country. Governor Murphy signed S3265 on January 21, 2020, making New Jersey the first state to permanently ban all flavored vapor products.
What's Banned
All characterizing flavors except tobacco:
- Menthol, mint, and wintergreen
- Fruit (all varieties)
- Dessert and candy
- Chocolate, vanilla, and honey
- Beverages (coffee, cocktails, etc.)
- Herbs and spices
- Any distinguishable flavor other than tobacco
What's Legal
Only tobacco-flavored products:
- Pre-filled pods (tobacco)
- E-liquids labeled tobacco flavor
- Disposables (tobacco flavor only)
- Open systems using tobacco-flavored e-liquid
Enforcement Actions
The New Jersey Attorney General's office has been actively enforcing the flavor ban:
- January 2025: The Division of Consumer Affairs sent warning letters to nearly 11,000 New Jersey businesses reminding them that selling flavored vapor products is unlawful
- August 2024: The Division issued Notices of Violation with civil monetary penalties of $4,500 each against 19 retailers across five counties for selling banned flavored vapes
- Investigations and compliance checks are ongoing statewide
Penalties for Selling Flavored Vapes
| Source | Violation | Penalty |
|---|---|---|
| P.L. 2019, c.425 | 1st offense | Minimum $500 |
| P.L. 2019, c.425 | 2nd offense | Minimum $1,000 |
| P.L. 2019, c.425 | 3rd offense | Minimum $2,000 |
| P.L. 2019, c.425 | 4th+ offense | License revocation possible |
| Consumer Fraud Act | 1st violation | Up to $10,000 |
| Consumer Fraud Act | Each subsequent | Up to $20,000 |
Retailers can be penalized under both the flavor ban statute and the Consumer Fraud Act simultaneously, which is why the 2024 enforcement actions assessed $4,500 per retailer.
Notable Local Regulations
Atlantic City Casino Exemption
Atlantic City casinos are the only public indoor spaces in New Jersey where smoking and vaping are permitted. Under the original 2006 Smoke-Free Air Act, casinos with at least 150 slot machines or 10 table games may designate up to 25% of their gaming floor for smoking and vaping.
- A New Jersey judge ruled in 2025 that smoking can continue in Atlantic City casinos
- Casino workers have challenged this exemption on health grounds, but it remains in effect
- The smoking/vaping areas are not always well-separated from non-smoking areas in practice
Municipal Enforcement
While there are no additional local flavor bans beyond the statewide ban, individual municipalities can and do enforce:
- Indoor vaping restrictions through local health departments
- Retailer compliance checks for underage sales and flavored products
- Local vapor business licensing requirements (in addition to state license)
What Can You Buy in New Jersey?
Available Products
Legal:
- Tobacco-flavored pods and cartridges
- Tobacco-flavored e-liquid (all bottle sizes)
- Tobacco-flavored disposable vapes
- All hardware: pod systems, box mods, tanks, rebuildable atomizers
- DIY supplies: PG, VG, unflavored nicotine base
- Coils, batteries, and accessories
Not legal to sell:
- Any flavored nicotine e-liquid (menthol, mint, fruit, dessert, candy, etc.)
- Flavored pods or cartridges
- Flavored disposable vapes
Where to Buy
- Vape shops - Must hold a vapor business license; tobacco flavor only
- Smoke shops and tobacco retailers - Limited vape selection
- Convenience stores - Basic disposables (tobacco flavor only)
- Online - Extremely limited due to shipping restrictions (see below)
Pricing
New Jersey's tripled taxes make it one of the more expensive states for vaping:
| Product | Price Range |
|---|---|
| Disposable vape (tobacco flavor) | $15-25 |
| JUUL pods (tobacco, 2-pack) | $25-35 |
| E-liquid 30mL (tobacco) | $20-30 |
| Pod system device | $30-55 |
| Box mod kit | $50-100 |
| Replacement coils (5-pack) | $14-20 |
Prices are noticeably higher than neighboring Pennsylvania, which has no flavor ban, and significantly higher than states with no vape tax.
Where Can You Vape in New Jersey?
Statewide Indoor Ban
New Jersey's Smoke-Free Air Act, amended in 2010 to include electronic smoking devices, prohibits vaping in:
- All indoor workplaces
- Restaurants and bars
- Retail stores and shopping centers
- Hotels (common areas and most rooms)
- Public transit (NJ Transit buses, trains, light rail, stations)
- Taxis and ride-shares
- Schools and universities
- Hospitals and healthcare facilities
- Government buildings
- Theaters and entertainment venues
- Arenas and stadiums
Outdoor Restrictions
- State parks and beaches - Smoking and vaping are prohibited on all New Jersey state beaches and in many state parks
- Municipal parks - Many towns prohibit vaping in public parks and recreation areas
- Building entrances - Some municipalities enforce buffer zones
The Casino Exception
- Atlantic City casinos - Up to 25% of the gaming floor may be designated for smoking/vaping
- This is the only indoor public space exemption in New Jersey
Where You CAN Vape
- Private residences (check your lease if renting)
- Private outdoor property
- Sidewalks and public streets (where not locally restricted)
- Private vehicles
- Some outdoor areas away from parks, beaches, and restricted zones
Penalties Summary
Consumer Penalties
| Violation | Penalty |
|---|---|
| Vaping in a prohibited indoor area (1st offense) | $250 minimum fine |
| Vaping in a prohibited indoor area (2nd offense) | $500 minimum fine |
| Vaping in a prohibited indoor area (3rd+ offense) | $1,000 minimum fine |
| Minor (under 21) in possession | Up to $500 fine |
| Minor repeat violations | Higher fines, possible education programs |
Retailer Penalties
| Violation | Penalty |
|---|---|
| Selling flavored vapes (1st offense, statute) | Minimum $500 |
| Selling flavored vapes (2nd offense) | Minimum $1,000 |
| Selling flavored vapes (3rd+ offense) | Minimum $2,000 + possible license revocation |
| Selling flavored vapes (Consumer Fraud Act, 1st) | Up to $10,000 |
| Selling flavored vapes (Consumer Fraud Act, subsequent) | Up to $20,000 |
| Selling to someone under 21 | Up to $1,000 + possible license suspension |
| Offering coupons/discounts (1st offense) | Minimum $250 |
| Offering coupons/discounts (2nd offense) | Minimum $500 |
| Offering coupons/discounts (3rd+ offense) | Minimum $1,000 + possible license suspension |
| Operating without a vapor business license | License revocation, tax penalties |
Enforcement Reality
New Jersey has been aggressively enforcing its vaping laws in recent years. The Attorney General's office sent warning letters to 11,000 businesses in January 2025, and has assessed thousands in fines against individual retailers. The state enforces the flavor ban under both the specific statute and the broader Consumer Fraud Act, which allows for significantly higher penalties. If you're a retailer, take compliance seriously.
Taxes Explained
Current Tax Rates (as of August 1, 2025)
| Product Type | Tax Rate | Previous Rate |
|---|---|---|
| Liquid nicotine (closed pods, cartridges) | $0.30 per mL | $0.10 per mL |
| Container e-liquid (open system bottles) | 30% of retail price | 10% of retail price |
Tax History
| Date | Liquid Nicotine Rate | Container E-Liquid Rate |
|---|---|---|
| Original (2019) | $0.10 per mL | 10% of retail price |
| August 1, 2025 (P.L. 2025, c.68) | $0.30 per mL | 30% of retail price |
Additional Taxes
| Tax | Rate |
|---|---|
| New Jersey state sales tax | 6.625% |
| Vapor product excise (liquid nicotine) | $0.30/mL |
| Vapor product excise (container e-liquid) | 30% of retail |
Impact on Prices
A 30mL bottle of tobacco-flavored e-liquid that retails for $20 before tax would have $6.00 in vapor excise tax (30% of retail) plus $1.33 in state sales tax, bringing the total to roughly $27.33. The tax tripling in August 2025 made a noticeable impact on shelf prices across the state.
Online Purchasing
Current Status
Online vape sales to New Jersey are extremely difficult:
- USPS banned shipping of vaping products under the Preventing Online Sales of E-Cigarettes to Children Act
- FedEx and UPS both stopped shipping vape products in 2021
- PACT Act requires registration, tax collection, and age verification for any online sellers
- Flavor ban applies to shipped products (tobacco only)
- Age verification required at delivery (21+, adult signature)
What Might Be Available Online
- Hardware (devices, mods, tanks) - More options than e-liquid
- Tobacco-flavored products - Very limited vendors willing to ship
- DIY supplies (PG, VG, unflavored base) - Some specialty vendors
Most vapers in New Jersey purchase in-store from licensed retailers.
New Jersey vs. Neighboring States
| Feature | New Jersey | New York | Pennsylvania | Connecticut |
|---|---|---|---|---|
| Flavor Ban | Yes (tobacco only) | Yes (tobacco only) | No | No |
| Menthol Banned | Yes | Yes | No | No |
| Vape Tax | $0.30/mL + 30% retail | 20% of retail | 40% wholesale | None |
| Indoor Ban | Yes (statewide) | Yes (statewide) | No statewide | Yes (statewide) |
| Age | 21 | 21 | 21 (18 military) | 21 |
| Coupon Ban | Yes | No | No | No |
| Online Sales | Nearly impossible | Very difficult | Very difficult | Limited |
New Jersey and New York share similarly restrictive approaches, but NJ goes further with its coupon/discount prohibition and its inclusion of menthol in the flavor ban from the start. Pennsylvania has no flavor ban and no statewide indoor vaping ban, making it much less restrictive despite its steep 40% wholesale tax.
Nicotine Alternatives
When you can't vape (indoors at restaurants, bars, workplaces, or simply want to avoid the hassle), these alternatives are available in New Jersey:
- Nicotine pouches (ZYN, Rogue, On!) - Legal and available at most convenience stores and gas stations
- Nicotine gum - Available at pharmacies, grocery stores, and convenience stores
- Nicotine lozenges - Discreet option for indoor settings
- Nicotine patches - Long-lasting, no visible use
Note that nicotine pouches and similar tobacco-derived products are also subject to New Jersey's tobacco tax and the coupon/discount prohibition.
New Jersey Vaping Laws: Key Takeaways
- Tobacco flavor only - New Jersey was the first state to permanently ban all flavored vapor products, including menthol, mint, and wintergreen
- 21+ age requirement - Since November 2017, no exceptions for military
- Statewide indoor vaping ban - New Jersey was the first state to add e-cigarettes to its Smoke-Free Air Act in 2010
- Taxes tripled in August 2025 - Liquid nicotine went from $0.10/mL to $0.30/mL, container e-liquid from 10% to 30% of retail
- Coupons and discounts banned - No promotions of any kind on vapor products since March 2020
- Active enforcement - The AG sent warning letters to 11,000 businesses and fined 19 retailers in 2024
- Casino exception - Atlantic City casinos may designate up to 25% of gaming floors for smoking/vaping
- Online sales nearly impossible - USPS, FedEx, and UPS all refuse to ship vape products
- Dual penalty structure - Retailers face fines under both the flavor ban statute and the Consumer Fraud Act (up to $10,000-$20,000)
- Vapor business license required - Retailers selling container e-liquid must obtain both state and local licenses
References
- New Jersey Smoke-Free Air Act - NJ Department of Health
- NJ Division of Taxation - Tobacco and Vapor Products Tax
If you're flying into Newark, check our guide on traveling with your vape for airport rules and packing tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.