N.J. Assembly advances bill to increase penalties for illegal tobacco and vape sales to minors
TRENTON, N.J. — Legislation aimed at curbing underage access to tobacco and vaping products advanced last week in the New Jersey General Assembly, as lawmakers moved forward with a bill that would increase penalties for retailers who illegally sell such products to minors and expand enforcement tools.
Bill A3992, sponsored by Assemblymembers Michael Venezia, Robert J. Karabinchak and Tennille R. McCoy, would amend current law to strengthen penalties and broaden the range of products covered under the state’s underage sales ban.
“As a former mayor, I’ve seen firsthand how these products continue to slip through the cracks at the local level,” said Assemblyman Venezia, a Democrat from Essex County. “I saw them on store shelves in my own community, despite the ban that was in place. That experience made something very clear to me: our enforcement system isn’t broken, it’s underpowered. Municipalities or local entities charged with tobacco control often lack the funding, staffing and coordination needed to meaningfully enforce the laws that protect our kids.”
The bill would expand the definition of prohibited products to include both tobacco and vapor products, covering items containing tobacco or nicotine as well as e-cigarettes, vapes, hookahs and related accessories. It would also raise penalties for retailers who sell these products to anyone under 21, setting fines at up to $750 for a first offense, up to $1,500 for a second offense and up to $3,000 for subsequent violations.
“Tobacco products, particularly e-cigarettes and vapes, have become a significant health epidemic among our youth,” said Assemblywoman McCoy, a Democrat representing Mercer and Middlesex counties. “This bill prioritizes the health and well-being of our constituents. By strengthening existing laws, we not only aim to discourage children and young adults from accessing tobacco products but also to reveal the associated risks.”
Under the legislation, the Office of Tobacco Control and Prevention within the New Jersey Department of Health would be required to establish a reporting system allowing retail dealers to document their compliance efforts. The bill would also create a mechanism for members of the public to anonymously report suspected violations involving underage sales.
“Ensuring that our regulations keep pace with the evolving tobacco and vaping landscape is essential,” said Assemblyman Karabinchak, a Democrat from Middlesex County. “Local law enforcement and health departments have been overburdened with this issue and they need support. By providing a stronger infrastructure for enforcement and expanding public reporting tools, this bill strengthens our collective ability to protect young people and hold bad actors accountable.”
In addition to increasing penalties, A3992 would direct most of the collected fines back to local agencies responsible for enforcement. Five percent of penalty revenue would be transferred to the Department of Health to support educational programs and outreach efforts aimed at informing the public, retailers and minors about the dangers of vapor products and the consequences of illegal sales or use.
