Flavored Tobacco Bans: Palo Alto vs San Jose
How do flavored tobacco bans rules compare between Palo Alto, CA and San Jose, CA?
Palo Alto and San Jose have similar restriction levels.
Palo Alto, CA
Santa Clara County
Santa Clara County Ordinance NS-300.913, adopted in 2010 and predating the LA County and statewide bans, prohibits sale of all flavored tobacco products including menthol cigarettes and flavored e-liquids in unincorporated areas. California SB-793 imposes the same ban statewide as of December 2022.
View full Palo Alto rules →San Jose, CA
Santa Clara County
San Jose's 2018 flavored tobacco sales ban under SJMC 6.86 prohibits menthol, fruit, candy, and mint flavors in tobacco and vape products citywide, predating California's statewide SB-793 ban now in effect.
View full San Jose rules →Key Facts Comparison
| Fact | Palo Alto | San Jose |
|---|---|---|
| County ordinance | SCC Ord. NS-300.913 (2010) | - |
| State statute | HSC section 104559.5 | - |
| Menthol included | Yes, all forms | Yes |
| Coverage | Unincorporated plus statewide cities | - |
| Local ban year | - | 2018 |
| Local chapter | - | SJMC 6.86 |
| State law | - | SB-793 (2020) |
| Voter affirmation | - | Proposition 31 (2022) |
Highlighted rows indicate differences between cities.
Palo Alto FAQ
Are tobacco-flavored vapes still legal to sell?
Yes. Tobacco-flavored e-liquid is exempt under SCC Ord. NS-300.913 because tobacco is not a characterizing flavor for these purposes, provided the product is also FDA PMTA-authorized for retail sale.
Can a customer buy menthol cigarettes online to a Cupertino address?
No. Both SCC Ord. NS-300.913 and California SB-793 cover delivery, online, and out-of-area sales shipped to addresses inside Santa Clara County, including incorporated cities like Cupertino.
San Jose FAQ
Are menthol cigarettes banned in San Jose?
Yes. Menthol cigarettes are prohibited under both SJMC 6.86 and California SB-793. Retailers cannot sell menthol or mint-flavored tobacco or vape products to any customer.
Are there exceptions for premium cigars or hookah?
Yes, narrow exceptions exist for premium hand-rolled cigars meeting price thresholds and for hookah lounges meeting on-site consumption rules, but these remain limited and require regulatory compliance.
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