The state law prohibits the sale of most flavored tobacco products, including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations, including stores and vending machines, in California. (Health and Safety Code Section 104559.5)
What Retailers Should Know
Retailers, their agents or their employees will be found guilty of an infraction and fined $250 for violation of this law.
The penalties apply to retailers, their agents or their employees who sell, offer for sale, or possess with intent to sell or offer for sale most flavored tobacco products.
Retailers will no longer be allowed to sell the following tobacco products in California:
Flavored e-cigarettes and vapes
Flavored e-juice, pods, and cartridges
Flavored little cigars and cigarillos
Flavored smokeless tobacco products
Flavored blunt wraps
Flavored loose-leaf roll-your-own tobacco
Flavored tobacco rolling papers
Tobacco product flavor enhancers
This law does not punish or criminalize anyone for purchasing, using, or possessing with the intent to use a flavored tobacco product or tobacco product flavor enhancer.
The law does not apply to:
Flavored premium cigars with a wholesale price of $12 or more and flavored loose-leaf pipe tobacco.
Flavored shisha/hookah tobacco may only be sold in licensed stores that only allow people 21 or older on the premises at any time. Licensed stores must also operate in accordance with all state or local laws relating to the sale of tobacco and consumption of tobacco on the premises (for hookah retailers that permit consumption of tobacco on the premises).
For more information visit Retailer Resourcesfrom the California Department of Public Health, including: