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Hayward, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Ban scope
Menthol, mint, fruit, candy-flavored tobacco and e-cigarettes
Also banned
Bidis, vaping devices, CBD and hemp smoking products
Wind-down period
Six months from July 14, 2020 effective date
Cigar price floor
$8.00 minimum, at least five per pack
Cigarette price floor
$8.00 minimum for a pack of twenty
Enforcing agencies
Development Services, Code Enforcement, Hayward Police

Summary

Hayward bans the sale of flavored tobacco outright: Municipal Code Section 10-1.2783(c) makes it a violation for any licensed Tobacco Retailer to sell menthol, mint, fruit, or candy-flavored tobacco, e-cigarettes, vaping devices, bidis, or CBD/hemp smoking products. Existing retailers got six months from the 2020 amendment to clear these products from their shelves entirely, with no grace period for stores later sold or transferred.

c.It shall be a violation of these regulations for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of consideration any:1.Flavored tobacco products, parts, components, or flavored tobacco paraphernalia.2.Bidis or Beedies products.3.Electronic smoking devices, electronic nicotine delivery systems (E-cigarettes), vaping devices, including all parts and components.4.Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc.5.CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption.d.Implementation: All existing legal Tobacco Retail Establishment owners shall have six (6) months from the effective date of these regulations to cease the sales of and remove all: (i) flavored tobacco products, including but not limited to any related flavored tobacco paraphernalia...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

2782(i) as any tobacco product imparting a taste or aroma other than tobacco itself, including menthol and mint cigarettes, flavored little cigars, flavored smokeless tobacco, and flavored vaping liquids. The same subsection extends the ban to bidis, all electronic smoking devices and vaping hardware (including coils, tanks, and pods), and any CBD, hemp, or cannabis-derived product intended for human consumption. 2783(d) gave every legal Tobacco Retail Establishment six months from the ordinance's effective date to stop selling and physically remove the banned products, but that grace period disappears entirely the moment a store is sold or transferred to a new owner.

00 for twenty cigarettes, discounts and multi-pack deals included, with those price floors adjusted periodically to the Bay Area Consumer Price Index. 2784 separately bars drugstores and pharmacies from selling any tobacco product at all, giving existing pharmacy licensees only six months to wind down. Compliance is enforced by the Development Services Director, Code Enforcement, and the Hayward Police Department, which runs decoy inspections aimed at underage sales alongside at least one flavor-compliance visit to every retailer per year.

Violations & Fines

Selling a single flavored cigarette, vape pod, or CBD smoking product violates Section 10-1.2783(c) and counts toward the three-strikes threshold in Section 10-1.2794: a third violation within five years sends the retailer to the Planning Commission for revocation of its Tobacco Retailer License or conditional use permit. Violations are also citable citywide as an infraction or misdemeanor under Section 1-3.00, with fines capped by Government Code Sections 36900 and 36901.

Frequently Asked Questions

Can stores in Hayward sell menthol cigarettes or flavored vapes?
No. Section 10-1.2783(c) makes it a violation for any licensed Tobacco Retailer to sell, offer for sale, or even stock with intent to sell any flavored tobacco product, including menthol and mint cigarettes, flavored cigars, and flavored e-cigarette liquids. The ban covers vaping hardware and CBD or hemp smoking products too.
Did existing Hayward tobacco stores get time to sell off flavored inventory?
Yes, but only six months from the ordinance's July 14, 2020 effective date under Section 10-1.2783(d). Stores had to stop selling and physically remove flavored tobacco, vaping devices, and related paraphernalia by that deadline, and the grace period does not apply at all if the business changes ownership.
Can a Hayward pharmacy sell tobacco products?
No. Section 10-1.2784(c) bans the sale of tobacco products and paraphernalia in drugstores and pharmacies outright. Any pharmacy that held a valid Tobacco Retail License before the rule took effect had six months to stop selling and remove all tobacco products and paraphernalia from the premises.
Is there a minimum price for cigarettes in Hayward?
Yes. Section 10-1.2783(b) sets an $8.00 minimum retail price for a pack of twenty cigarettes and bars honoring discounts or multi-pack deals that would drop the price below that floor. The same subsection sets an $8.00 minimum for cigars, which must also be sold in packs of at least five.

Sources & Official References

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