New Jersey § 2a:170-51

§ 2a:170-51.

a. No person shall, either directly or indirectly by an agent or employee, when engaging

in the sale or offer for sale of any tobacco or vapor product to a consumer at retail: (1) offer, provide, or accept coupons, including online coupons; (2) offer or provide price reduction promotions, including online promotional discount

codes; or (3) offer or provide price rebates. b. A person who violates the provisions of subsection a. of this section shall be

liable to a civil penalty of not less than $250 for the first violation, not less

than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the “Penalty Enforcement Law of

1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health

codes or a law enforcement officer having enforcement authority in that municipality

may issue a summons for a violation of the provisions of subsection a. of this section,

and may serve and execute all process with respect to the enforcement of this section

consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by

and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation

occurred for the general uses of the municipality. c. In addition to the provisions of subsection b. of this section, upon the recommendation

of the municipality, following a hearing by the municipality, the Division of Taxation

in the Department of the Treasury may suspend or, after a second or subsequent violation

of the provisions of subsection a. of this section, revoke a license issued under

section 202 of P.L.1948, c. 65 ( C.54:40A-4 ) of a retail dealer. The licensee shall be subject to administrative charges, based on a schedule issued

by the Director of the Division of Taxation, which may provide for a monetary penalty

in lieu of a suspension. d. A penalty imposed pursuant to this section shall be in addition to any other penalty

that may be imposed in connection with the offense. e. Nothing in this section shall apply to coupons, price reductions, or price rebates

for smoking cessation products, including gum, lozenges, or other aids to smoking

cessation approved by the federal Food and Drug Administration, and nothing in this

section shall be construed to prohibit a medical cannabis dispensary or clinical registrant

issued a permit pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) from using coupons, price reductions, or price rebates in connection with

medical cannabis, paraphernalia, or other related products dispensed to or on behalf

of a registered qualifying patient. Nothing in this section shall be construed to impose liability on news media that

accept or public advertising that may include coupons, price reductions, or rebates

that violate the provisions of this section. f. As used in this section: “ Tobacco product ” means cigarettes made of tobacco or of any other matter or substance which can be

smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco. “ Vapor product ” means any non-combustible product containing nicotine that employs a heating element,

power source, electronic circuit, or other electronic, chemical, or mechanical means,

regardless of shape or size, to produce vapor from nicotine in a solution or any form. “ Vapor product ” includes, but is not limited to, any electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe, or similar product or device, and any vapor cartridge

or other container of nicotine in a solution or other form that is intended to be

used with, or in, any such device. “Vapor product” does not include any product that is approved, and that is regulated

as a prescription drug delivery service, by the United States Food and Drug Administration

under Chapter V of the Food, Drug, and Cosmetic Act.