NJ · Vape laws
New Jersey vape laws
Key rules
Minimum sale age is 21 for electronic smoking devices.
N.J. Stat. Ann. §§ 2A:170-51.4(a)(2), 2C:33-13.1(a)
Sale of flavored vapor products is prohibited; discounted sales of flavored vapor products are prohibited.
N.J. Stat. Ann. § 2A:170-51.12
Discounted sales of vapor products, including coupons and rebates, are prohibited.
N.J. Stat. Ann. § 2A:170-51.11(a)
Container (bottled) e-liquids may only be sold at retail by licensed specialty vapor businesses.
N.J. Stat. Ann. § 54:40B-3.3(a)
Liquid nicotine is taxed at $0.10 per mL; container e-liquid at 10% of the listed retail price.
N.J. Stat. Ann. §§ 54:40B-3.2, 54:40B-3.4
Businesses that sell vapor products must also stock at least one FDA-approved nicotine replacement therapy product.
N.J. Stat. Ann. § 2A:170-51.14(1)
Vaping is treated as smoking under the Smoke-Free Air Act, including public parks and beaches.
N.J. Stat. Ann. §§ 26:3D-57, 26:3D-58
Can you order vapes online in New Jersey?
Many national online retailers list New Jersey as a state they do not ship flavored vape products to. Check the retailer’s own shipping policy and New Jersey law before ordering.
Federal rules that apply everywhere
Only e-cigarettes with an FDA marketing authorization may be lawfully sold in the United States. As of FDA’s August 28, 2026 update, that is 48 products from five manufacturers.
FDA — E-Cigarettes Authorized by the FDAFederal minimum age to buy any tobacco product, including e-cigarettes, is 21.
FDA — Tobacco 21Advertising for e-cigarettes by manufacturers, distributors and retailers must carry the warning “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
21 CFR 1143.3
See every product the FDA has authorized: FDA-authorized vapes list.
Sources
- Public Health Law Center — E-Cigarette Regulations, New Jersey (as of June 15, 2025)
- FDA — E-Cigarettes Authorized by the FDA
- FDA — Tobacco 21
- 21 CFR 1143.3
Last reviewed by TristateVape: September 24, 2026.