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New Jersey Vape Ban & Vape Laws (NJ)

Compiled by Nathan Shaw. Last reviewed October 2026. Source data as of June 15, 2025. How we source this

Partly. New Jersey does not run a vape product directory, but flavored vapes, including menthol, are banned. A state vape excise tax applies. This page covers the New Jersey vape ban rules, flavor restrictions, taxes, youth access and local city or county limits, as of October 2026.

Vape ban: Partly
Type of ban: No product ban
Flavored vapes: Flavor ban, including menthol
Vape tax: Open systems 30% of retail; closed systems $0.30/mL
Vape Hate score: 45/100 Moderate

The Vape Hate score is our own rating, not an official one. It counts what a state bans: up to 50 points for restricting which products can be sold, 30 for flavor bans and 20 for tax. The higher the number, the harder that state makes it to buy and use a vape. How we score this

Flavor ban, including menthol

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of June 15, 2025). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor Bans in New Jersey

Statewide ban on flavored e-cigarettes, including menthol, since April 2020. Applies to all retailers.

Local Vape Laws in New Jersey

Statewide ban already covers flavored e-cigarettes including menthol. Some localities have additional rules.

Jersey City: local flavored e-cigarette sales ban (PHLC June 2026).
Paterson: local flavored tobacco rules (PHLC June 2026).
Hanover Township, Vineland, Westfield also listed by CTFK/Truth Initiative (CTFK May 2026; Truth Initiative Q1 2026).

Truth Initiative (Q1 2026): 6 New Jersey jurisdictions including statewide. CTFK lists 4 localities.

New Jersey Vape Tax

Map summary: Open systems 30% of retail; closed systems $0.30/mL

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. Ann. § 54:40B-3.2(a), (d) (2025)
Container e-liquid taxed at rate of 10% of the listed retail sale price.N.J. Stat. Ann. § 54:40B-3.4(a) (2025)

New Jersey Vaping Age and Youth Access Laws

Sale/distribution of electronic smoking device to person under age 21 prohibited.N.J. Stat. Ann. §§ 2A:170-51.4(a)(2), 2C:33-13.1(a) (2025)
Advertising electronic cigarettes prohibited on NJ Transit.N.J. Admin. Code § 16:86-1.2(a)(8) (2025)
Container e-liquids may only be sold at retail by licensed specialty vapor businesses.N.J. Stat. Ann. § 54:40B-3.3(a) (2025)
Discounted sales of vapor products (including through coupons and rebates) prohibited.N.J. Stat. Ann. § 2A:170-51.11(a) (2025)
Discounted sales or distribution of flavored vapor products prohibited.N.J. Stat. Ann. § 2A:170-51.12(a) (2025)
Any business that sells vapor products must also stock and sell at least one type of nicotine replacement therapy drug, device, or combination product that has been approved by the FDA for tobacco cessation.N.J. Stat. Ann. § 2A:170-51.14(1) (2025)

New Jersey Vape Shop License Requirements

Yes (for sales of container e-liquid).N.J. Stat. Ann. §§ 54:40B-3.3(a) (retail), 54:40B-6 (2025) (registration of wholesalers and distributors)

New Jersey Vape Packaging and Labeling Rules

Liquid nicotine must be sold in child-resistant containers.N.J. Stat. Ann. § 2A:170-51.9(a) (2025)

Online Vape Sales and Delivery in New Jersey

See retail/youth access section and PHLC state review for delivery/online rules. Federal USPS mailing restrictions on vapes also apply.

New Jersey Indoor Vaping and Smoke-Free Laws

Use of electronic smoking device included in definition of “smoking” (N.J. Stat. Ann. § 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) (2025)).

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 (2025)
Use of electronic cigarettes prohibited in Atlantic City International Airport similar to smoking.N.J. Admin. Code § 19:76-4.3 (2025)

How New Jersey Defines a Vape

Included in a “tobacco product” definition in at least one statute?

Yes.N.J. Stat. Ann. §§ 54:40B-2, 2A:170-51.14(1)(f) (2025)

How the jurisdiction defines e-cigarettes / related terms (excerpts):

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. Ann. § 26:3D-57 (2025)

Packaging Restrictions

Liquid nicotine means “any solution containing nicotine which is designed or sold for use with an electronic smoking device.”N.J. Stat. Ann. § 2A:170-51.9(a)(2) (2025)
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. Ann. § 2A:170-51.9(a)(3) (2025)
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. Ann. § 2A:170-51.9(a)(4) (2025)

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. Ann. § 54:40B-2 (2025)
Liquid nicotine means “any solution containing nicotine that is designed or sold for use with an electronic smoking device.”N.J. Stat. Ann. § 54:40B-2 (2025)
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 cartridge 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. Ann. § 54:40B-2 (2025)
Tobacco product means “any product containing, made, or derived from any tobacco, nicotine, or other chemicals or substances for consumption by a person, including, but not limited to, cigars, little cigars, cigarillos, chewing tobacco, pipe tobacco, smoking tobacco and their substitutes, dry and moist snuff, and liquid nicotine, but does not include cigarette . . . .”N.J. Stat. Ann. § 54:40B-2 (2025)

Official New Jersey Vape Law Sources

Public Health Law Center — New Jersey 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.

Frequently asked questions

Is there a vape ban in New Jersey?

Partly. New Jersey does not run a vape product directory, but flavored vapes, including menthol, are banned.

Are flavored vapes banned in New Jersey?