BAN ON SALE OF CERTAIN FLAVORED CIGARETTES

October 1, 2008 the Governor signed into Law NJSA 2A:170-51.5 which is a ban on sale of certain flavored cigarettes.� This became effective on November 30, 2008.� Cigarettes containing flavors other than tobacco, clove and or menthol which either the cigarette or its smoke imparts a distinguishing flavor, taste, or aroma or is advertised or marketed as having or producing any taste, flavor or aroma (except for little cigars, small cigars, cigarillos, large cigars, pipe tobacco or smokeless tobacco) are banned from sale in New Jersey.

The proliferation of these flavored cigarettes serving as an attraction especially to children in adolescents will lead to increase tobacco use, addiction, higher health care cost due to increase incident of smoking related illness and death.� They therefore are recognized as a significant threat to the health of the public and this public health preventive initiative is warranted.

Enforcement of this law is an obligation for the Local Health Department and Police Department Officials.� Upon entry into a retail establishment where these cigarettes are sold a summons will be issued with the potential civil penalty of $250 for the first offense, $500 for the second offense and a third and subsequent offenses at $1,000.� The Board of Health may hold hearings with merchants after the second offense and my petition the State Department of Treasury to suspend or revoke their tobacco license.� While this Notice is given as prior warning anyone found to be in violation will face legal action by either the Health or Police Officials.