Report Sale of NJ Banned Flavored Cigarettes
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As of December 1, 2008, New Jersey is the first state to implement a ban on the sale or distribution of flavored cigarettes under NJSA 2A:170-51.5 et seq. (menthol and clove are exempted). Click here for the text of the law.
Fines are $250 for first violation, $500 or more for the second violation, and $1,000 for the third and each subsequent violation, in a summary proceeding before the municipal court having jurisdiction.
PLEASE TAKE ACTION: If you observe that these types of cigarettes are being sold or given out in NJ after November 30, 2008, please contact your local health department and ask the inspector to investigate.
If you are a local health officer or inspector, please click here for NJ Health Commissioner Heather Howard’s letter to the local health officers. Click here for the state’s implementation guidelines.
Note that little cigars, small cigars, cigarillos, large cigars, pipe tobacco or smokeless tobacco are exempted.
Sample packs of flavored cigarettes can be viewed with the links below. The packaging clearly shows flavors (e.g. mochamint or margarita). The key to the law is that the flavors need to impart a distinguishable flavor, taste or aroma, or that the cigarettes are marketed/advertised as flavored. Some samples are:
- Salem Silver Label brands Cool Myst (vanilla), Fire & Ice (spicy), Dark Currents (berry) or Deep Freeze (spearmint) come in silver aluminum-like tins. http://store.vintagepaperads.com/servlet/-strse-23557/2004-Salem-Silver-Label/Detail
- For other brands, go to http://www.cigarettesamerica.com/index.php/cPath/92, and in the search box, type in vanilla, or chocolate, berry, etc.; samples of flavored cigarettes in other lesser-known brands pop up.
- Kretek, under the Djarum brand, advertises a cappuccino flavor and a tea flavor. We are not privy to the ingredients list, but it appears that ad additive is imparting these flavors. Click on the following links for photos of the packs:http://www.kretek-cigarettes.com/djarum-clove-cigarettes/djarum-black-cappuccino.html http://www.kretek-cigarettes.com/djarum-clove-cigarettes/djarum-black-tea.html