Fresno, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- State law
- Cal. H&S Code §104559.5
- Voter approval
- Prop 31 (Nov 2022)
- Penalty
- $250 per violation
- Cigar exemption
- Premium cigars over $12
Summary
California SB 793, upheld by 2022 voter referendum Proposition 31, bans the sale of most flavored tobacco products statewide, including in Fresno, with limited exceptions for premium cigars, loose-leaf tobacco, and hookah.
(b)(1) A tobacco retailer, or any of the tobacco retailer's agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. (2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor.
Full Breakdown
California Senate Bill 793, codified at Health and Safety Code §§104559.5-104559.7 and confirmed by voters via Proposition 31 in November 2022, prohibits retailers from selling most flavored tobacco products statewide. Banned products include menthol cigarettes, flavored cigars under $12, flavored e-cigarette cartridges, and most flavored vape liquids. Limited exceptions cover premium cigars priced above $12, loose-leaf pipe tobacco, and shisha hookah tobacco sold at age-restricted licensed hookah lounges. Fresno County Public Health and California Department of Tax and Fee Administration enforce the ban through retail inspections and license actions. Fresno does not have a stricter local flavor ban.
Violations & Fines
Selling banned flavored tobacco triggers $250 fines per violation under Cal. H&S Code §104559.5(d), with possible state cigarette and tobacco license suspension or revocation by CDTFA for repeat offenders.
Frequently Asked Questions
Are menthol cigarettes still legal in Fresno?
Can hookah lounges still serve flavored tobacco?
Sources & Official References
Other rules in Fresno
California rules heatmap·Compare Fresno to another location·View the California tobacco & vaping overview
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Flavored Tobacco Bans in Nearby Cities
How other cities in Fresno County handle flavored tobacco bans.