Supreme Court Hears on Manufacturers’ Denied FDA Application for Flavored Vapes – What parents need to know about vaping in New Jersey and Pennsylvania

Flavored Vape products are everywhere!  This use, however, is a real problem according to the Food and Drug Administration (FDA) which is specifically concerned about these vaping products enticing youths to take up the habit and or smoke.   

The Current Vape Case Before the U.S. Supreme Court – Food and Drug Administration v. Wages and White Lion Investments, LLC,

The current issue before the Court is whether the FDA failed to correctly consider Vape companies’ application, in violation of a Administrative Procedure Act.  Triton Distribution, which makes e-liquids for vape pens with named flavors, has sought approval for Iced Pineapple Express, Killer Kustard Blueberry and other flavors.  The FDA, however, denied approval of the flavored vapes, stating they pose a health risk and encourage young people to use tobacco.  While these products remain widely available, companies face potential civil and criminal penalties for marketing products without approval.

The FDA started regulating vape products in 2016.  At that time, it said that it would not take enforcement actions while companies sought approval.  Once these companies sought approval, the FDA concluded that the potential benefits of helping adult smokers quit failed to outweigh the health risks to young people.  This case, Food and Drug Administration v. Wages and White Lion Investments, LLC, is expected to be decided before the end of the Supreme Court’s term in June 2025.

Our criminal defense law firm strives to provide value based content to help our friends and families.  The purpose of this short blog is to provide a quick overview of vaping laws in Pennsylvania and New Jersey. 

What you need to know about Vaping in Pennsylvania and New Jersey

Our law firm represents persons charged with crimes and offenses in Pennsylvania and New Jersey; sometimes these cases involve minors.  These matter range in severity from school fights (assault) to illegal drug possession.   While vaping isn’t necessarily something that will lead to a criminal charge but rather a school sanction, it is an important issue for many of our clients and their families. 

Vaping in Pennsylvania

Vaping, otherwise known as electronic cigarettes or E-cigarettes, are defined in Pennsylvania as any electronic oral device which provides a vapor of nicotine or any substance and the use or inhaling of which simulates smoking.  The term includes a device described as an electronic cigarette as well as any device manufactured, distributed, or marketed as e-cigar as an e-pipe or any other product for which a liquid or substance is placed; this definition includes vaping!

Pennsylvania strictly prohibits the sale of electronic cigarettes or vapors or vapes to persons under the age of 21 or under the age of 18 if the person is in the military or a veteran.  Self-Service displays of vapes are restricted to tobacco stores.  The Commonwealth does not allow vending machines for electronic cigarettes or vapes in locations accessible to persons under the age of 21. 

Stores in Pennsylvania actually need retail licenses to sell e-cigarettes and e-cigarettes which include vapors (vapes) are prohibited in Pennsylvania schools, school vehicles and on school property owed or leased under the control of a School District.

Currently, Pennsylvania’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.  Philadelphia, however, prohibits vaping where smoking is prohibited pursuant to City Ordinance.  Philadelphia also restricts non-tobacco flavored and high nicotine vapor products to adults only stores.

Vaping in New Jersey

New Jersey is very similar to Pennsylvania in that the sale/distribution of electronic cigarettes and or vapors is prohibited to anyone under the age of 21.  E-liquids may only be sold at retail establishments licensed with the State.  Further, any business that sells vapor products must also stock at least one type of nicotine replacement therapy drug or device.  New Jersey, like Pennsylvania, requires a special retail license or permit to sell e-cigarettes.  The use of electronic smoking devices or vape is prohibited on all school grounds in New Jersey and any other place where smoking is prohibited under New Jersey’s Smoke Free Air Act.

Does Vaping actually cause health problems?

A 2019 study showed that the long-term health effects of vaping put people at a higher risk for respiratory disease than people who never smoked.  Neither smoking nor vaping is beneficial to human health.  Secondhand smoke contains more than 7,000 chemicals, hundreds of which are toxic, 70 of which cause cancer. 

Vaping often contains large doses of nicotine, a substance known to slow the development of brains in children and teens.  The liquid that creates vapors is dangerous to adults and children if they swallow it, inhale it, or it gets on their skin.  According to the CDC, in 2021 alone, over 2,800 people were hospitalized with complications related to vaping. 

Vaping, obviously, presents a severe health problem for young people in Pennsylvania and New Jersey.  While it is technically a violation of State and federal law, the effects of it on people are far worse than potential fines and court costs. 

Contact Our Criminal Defense Lawyers in PA & NJ

Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.