Attorney General Jennifer Davenport and the Division of Consumer Affairs announced on May 15 that King Distribution, a New Jersey tobacco products distributor, along with 17 related retail businesses, have agreed to a Consent Order resolving allegations of violating state consumer protection laws by selling flavored vapor products. The agreement imposes a $100,000 civil penalty and requires changes to business practices.
The announcement underscores ongoing efforts in New Jersey to prevent the sale of flavored vape products to minors. State officials say these products are especially appealing to youth and could reverse progress made in reducing adolescent smoking rates.
“Flavored vape products are dangerous for kids and teens, and we are committed to keeping them out of our state,” said Attorney General Davenport. “Today’s announcement demonstrates that New Jersey is not backing down from the fight to stop the spread of illegal flavored vape products. We will use every legal tool at our disposal to hold violators accountable, because kids deserve a future that is free from companies flooding the market with products that lead to nicotine addiction.”
King Distribution LLC, based in Clifton, New Jersey, along with smoke shops located across Passaic, Hudson, Bergen, and Essex counties agreed not only to pay penalties but also to prohibit sales or distribution of any vapor product with characterizing flavors. The Consent Order also bars individuals or entities connected with King Distribution or its associated retailers from engaging in similar sales within New Jersey. Additionally, King Distribution must notify buyers about the illegality of retail sales for these items when conducting permitted transactions and reimburse $22,279 for investigative costs.
Jeremy E. Hollander, Acting Director of the Division of Consumer Affairs said: “Any commercial practice that violates State or federal law–including the sale of banned products–is presumed to be an unlawful practice under the New Jersey Consumer Fraud Act. As today’s action demonstrates, the Division will not hesitate to use this authority to protect our residents and preserve the integrity of New Jersey’s marketplace.”
New Jersey has taken several steps since becoming the first state in January 2020 to permanently ban retail sales of flavored vapor products. These include undercover inspections leading to citations against stores near schools or public spaces; last year alone saw inspections at 28 businesses resulting in $72,000 in penalties as well as warning letters sent statewide.
