Brentwood, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Flavored tobacco sales
- Banned citywide, no exceptions
- Electronic smoking device sales
- Banned entirely
- Presumption threshold
- 4+ flavored/e-cig items = intent to sell
- Civil fine
- $1,000 per violation
- Shisha exception
- Licensed on-site hookah use only
- Menthol
- Explicitly listed as a banned characterizing flavor
Summary
Brentwood bans the sale of flavored tobacco products outright, and separately bans the sale of electronic smoking devices altogether, under Municipal Code Sections 5.76.050 and 5.76.060. A retailer caught holding four or more flavored products or e-cigarette devices is presumed to be selling them illegally.
"Characterizing flavor"means a taste, aroma, or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco ... including, but not limited to, tastes, aromas, or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation. ... It shall be a violation of this chapter for a ... ny tobacco retailer or any of the tobacco retailer's agents or employees to ... sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. ... There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products ... possesses such flavored tobacco products with intent to sell or offer for sale. ... It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any electronic smoking device that delivers natural or synthetic nicotine or any other substance(s) ... to the person inhaling from the device.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4604307; v5 updated 2025-12-09).
Full Breakdown
050(A) makes it a violation for a retailer or its agents or employees to sell, offer for sale, or possess with intent to sell any flavored tobacco product, and subsection (C) creates a rebuttable presumption of intent to sell whenever a retailer holds four or more flavored items. 5 and Penal Code Section 308(a). 060 goes further for vaping: it bans the sale of any electronic smoking device that delivers nicotine or any other substance, including any component, part, or accessory meant for use with the device, whether sold separately or not, and applies the same four-or-more rebuttable presumption of intent to sell.
Violations & Fines
Selling banned flavored tobacco or e-cigarette devices exposes a retailer to a $1,000 civil fine per violation under Section 5.76.200(C), with each day of sale and each individual product counted separately under Section 5.76.180(C). Products can be seized and forfeited, and the police department runs at least one decoy operation per licensed retailer each year under Section 5.76.160(B) to catch violations.
Frequently Asked Questions
Can I buy vape products or e-cigarettes in Brentwood?
Does Brentwood's flavor ban cover menthol cigarettes?
Can a Brentwood hookah lounge still sell flavored shisha?
How does the city prove a retailer is selling banned flavored or vape products?
Sources & Official References
Other rules in Brentwood
California rules heatmap·Compare Brentwood to another location·View the California tobacco & vaping overview
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Flavored Tobacco Bans in Nearby Cities
How other cities in Contra Costa County handle flavored tobacco bans.