California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.
Health and Safety Code 104559.5 prohibits tobacco retailers from selling flavored tobacco products including flavored cigarettes, e-cigarettes, vape liquids, and most flavored cigars. The law was enacted as SB 793 in 2020 and ratified by voters as Proposition 31 with about 63 percent support in November 2022. Limited exemptions cover loose-leaf pipe tobacco, premium cigars (priced over $12), and shisha tobacco sold in licensed hookah lounges. The ban applies to in-person retail sales statewide. Cities and counties cannot authorize flavored sales but may enforce stricter rules.
Retailers face fines up to $250 per violation under Health and Safety Code 104559.5, plus potential STAKE Act penalties and tobacco retailer license actions.
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