Flavored Tobacco Bans: San Jose vs Santa Clara
How do flavored tobacco bans rules compare between San Jose, CA and Santa Clara, CA?
San Jose and Santa Clara have similar restriction levels.
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 →Santa Clara, 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 Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| Local ban year | 2018 | - |
| Local chapter | SJMC 6.86 | - |
| State law | SB-793 (2020) | - |
| Voter affirmation | Proposition 31 (2022) | - |
| Menthol included | Yes | Yes, all forms |
| County ordinance | - | SCC Ord. NS-300.913 (2010) |
| State statute | - | HSC section 104559.5 |
| Coverage | - | Unincorporated plus statewide cities |
Highlighted rows indicate differences between cities.
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.
Santa Clara 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.
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