This bill amends New Jersey's existing law to prohibit the sale of flavored cigarettes, non-premium cigars, and oral nicotine pouches, extending the current ban on flavored cigarettes to include menthol and clove varieties. The legislation specifies that retailers, rather than individuals, are responsible for compliance, and outlines that no retailer may sell or distribute these products if they contain any natural or artificial constituents that impart a characterizing flavor other than tobacco. The bill clarifies that a product cannot be deemed to have a characterizing flavor based solely on the presence of additives or flavorings.

The penalties for violating this prohibition are also detailed in the bill, with civil penalties set at a minimum of $250 for the first violation, $500 for the second, and $1,000 for subsequent violations. Additionally, the bill allows for the suspension or revocation of a retailer's tobacco license after a second or subsequent violation, following a municipal hearing. The enforcement of these provisions will be managed by local health agencies, and penalties collected will be directed to the municipality where the violation occurred. The act is set to take effect 60 days after its enactment.

Statutes affected:
Introduced: 2A:170-51.6