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Newport Beach, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

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

Key Facts

Effective ordinance
Ord. 2025-26, adopted 2025
Scope
Sale, advertising, distribution citywide
Premium cigar exemption
$12 minimum wholesale price
Covered products
Vapes, shisha, menthol, cigarette wraps
Max misdemeanor fine
$1,000 plus up to 6 months jail
Max daily civil penalty
$1,000 per violation per day

Summary

Newport Beach outlaws selling, advertising, offering for sale, or distributing any flavored tobacco product anywhere in the City under Municipal Code Sec. 6.30.020, adopted by Ordinance 2025-26. The ban covers flavored vapes, shisha and cigarette wraps, exempting only unflavored products and handmade premium cigars priced at $12 or more wholesale.

“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor including, but not limited to, flavored shisha tobacco, flavored shisha tobacco products and fluids, flavored cigarette wraps, as well as any tobacco product which is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to California Health and Safety Code Section 104559.1, other than flavored loose-leaf tobacco and premium cigars. ... It shall be unlawful for any person to sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any flavored tobacco product in the City.

Full Breakdown

30 defines a "flavored tobacco product" as any tobacco product containing a constituent that imparts a taste or odor distinguishable by an ordinary consumer other than tobacco itself, expressly including fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice flavors, as well as any cooling sensation, and it covers any tobacco product not listed on the Attorney General's Unflavored Tobacco List maintained under Health and Safety Code Sec. 1 (Sec. 010). The prohibition reaches selling, advertising for sale, offering for sale, and distributing, directly or indirectly, whether or not for monetary gain (Sec.

020). "Tobacco product" is defined broadly to include cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and any electronic device that delivers nicotine or vaporized liquid, such as e-cigarettes, e-cigars, vape pens and hookahs, plus any component or accessory of such a product sold separately. Two narrow carve-outs exist: flavored loose-leaf tobacco, and a "premium cigar," defined as a handmade cigar not mass-produced by mechanization, with a wrapper made entirely of whole tobacco leaf, no filter, tip or nontobacco mouthpiece, capped by hand, and priced at a wholesale minimum of $12. 25 rule that bans smoking any flavored tobacco product on public property citywide, including parks, sidewalks, public buildings and schools.

Violations & Fines

Chapter 6.30 sets no unique fine, so a retailer or distributor caught selling a flavored tobacco product is subject to the Code's general enforcement options under Sec. 1.04.010, including infraction citations (up to $100 for a first offense, $200 for a second within a year, and $500 for each further repeat), misdemeanor prosecution punishable by up to $1,000 and six months in jail, or a civil action by the City Attorney seeking injunctive relief and civil penalties of up to $1,000 per day the violation continues.

Frequently Asked Questions

Are menthol cigarettes banned in Newport Beach?
Yes. Sec. 6.30.010 defines "flavored tobacco product" to include menthol and mint flavors and any tobacco product not on the Attorney General's Unflavored Tobacco List, and Sec. 6.30.020 bans selling, advertising, or distributing any such product in the City.
Can any cigars still be sold with flavor exemptions?
Only handmade "premium cigars" are exempt: they must be non-mechanized, have a wrapper made entirely of whole tobacco leaf, no filter or tip, be hand-capped, and carry a wholesale price of at least $12, per the definition in Sec. 6.30.010.
Does the flavored tobacco ban cover vape products?
Yes. The chapter's definition of "tobacco product" expressly includes electronic devices that deliver nicotine or vaporized liquid, such as e-cigarettes and vape pens, so any flavored e-liquid or vape device falls under the Sec. 6.30.020 sales ban.
What can happen to a store that sells flavored tobacco anyway?
Because Chapter 6.30 has no dedicated fine, the City can pursue the Code's general enforcement tools under Sec. 1.04.010, ranging from infraction fines starting at $100 up to misdemeanor charges carrying a $1,000 fine and six months in jail, or a civil action with penalties up to $1,000 per day.

Sources & Official References

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