Buena Park, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Effective date
- March 31, 2022
- Covers
- Vapes, menthol, flavored cigars, shisha
- Exception
- Pre-7/27/2021 hookah retailers only
- Enforcing agency
- Community Development Department
- Max fine
- $5,000 per violation
Summary
Buena Park bans selling any flavored tobacco product, including menthol cigarettes, flavored cigars, and flavored vapes, citywide as of March 31, 2022, with a narrow carve-out for hookah lounges operating before July 27, 2021.
The sale of flavored tobacco products to customers is prohibited in the city, and no person or licensee shall sell or offer for sale any flavored tobacco product to customers in the city as of twelve a.m. on March 31, 2022.
B. There shall be a rebuttable presumption that a tobacco retailer in possession of ten or more flavored tobacco products, whether individual products or packaged or in the aggregate, possesses such flavored tobacco products with intent to sell or offer for sale.
C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product within the meaning of this chapter if a tobacco retailer, manufacturer, or any employee or agent thereof:
1. Makes or disseminates a public statement or claim that the tobacco product imparts a characterizing flavor;
2. Uses text and/or images on a tobacco product's labeling or packaging that explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor;
3. Uses text or images on the labeling or packaging that uses descriptive terms such as "sweet" or "spicy" that refer to or imply a characterizing flavor; or 4. Takes any other action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
D. Subsection A prohibiting the sale of flavored tobacco products shall not apply to the following:
1.
Full Breakdown
Buena Park Municipal Code § 5.60.100 makes it unlawful to sell or offer any flavored tobacco product, including flavored vapes, menthol/mint cigarettes, flavored cigars, and flavored shisha, anywhere in the city as of March 31, 2022. Possessing ten or more flavored units creates a rebuttable presumption of intent to sell. The sole exception is a hookah tobacco retailer already lawfully operating in Buena Park as of July 27, 2021, that holds a state hookah license, bars anyone under 21 from its hookah area, and follows all other tobacco laws. The Community Development Department enforces this chapter.
Violations & Fines
First violation: $1,000 fine and/or up to 30-day license suspension; second: $1,500 fine and/or 60-day suspension; third and later: $5,000 fine, 90-day suspension, and possible license revocation (§ 5.60.130).
Frequently Asked Questions
Can any Buena Park store still sell flavored vapes?
What counts as "flavored" under the ban?
What happens if a retailer is caught selling flavored tobacco?
Sources & Official References
Other rules in Buena Park
California rules heatmap·Compare Buena Park to another location·View the California tobacco & vaping overview
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Flavored Tobacco Bans in Nearby Cities
How other cities in Orange County handle flavored tobacco bans.