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

LMC § 5.50.100(A) prohibits the sale, offer for sale, exchange or offer to exchange of any flavored tobacco product in Livermore, defined in § 5.50.020(F) as any tobacco product imparting a characterizing flavor other than tobacco itself, including menthol, mint, fruit, chocolate, candy or alcoholic-beverage flavors under § 5.50.020(B). A public statement or packaging claim that a product has a flavor creates a rebuttable presumption that it is flavored, and possessing four or more flavored units as part of a commercial enterprise creates a rebuttable presumption of intent to sell (§ 5.50.100(A)(1)-(2)).

Subsection B separately bans the sale of any electronic smoking device outright unless it is a 'new FDA approved tobacco product' that has cleared premarket review under 21 U.S.C. § 387j; subsection C bans electronic smoking device fluid unless it is likewise FDA-approved and not itself flavored. The ban applies on top of, not instead of, the City's separate tobacco retailer license and 1,000-foot youth-area buffer in the rest of Chapter 5.50. Enforcement runs through the Livermore police department, which may conduct compliance inspections and impose a civil fine of $250.00 to $1,000 per violation for a refused inspection (§ 5.50.110(B)(3)), and violations of the flavor ban itself are charged under the chapter's general penalty and public-nuisance provisions in §§ 5.50.120 and 5.50.130.