Santa Clara County, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Banned flavors
- Menthol, fruit, mint, candy, spice
- Presumption
- Marketing claims trigger rebuttable presumption
- Applies to
- Unincorporated Santa Clara County retailers
- Adopted
- Ord. No. NS-517.93, 11-19-19
Summary
Retailers in unincorporated Santa Clara County can't sell any tobacco product with a characterizing flavor other than tobacco: menthol, fruit, candy, or dessert flavors are all prohibited by the county's own ordinance.
No Retailer shall Sell a Tobacco Product containing, as a constituent or additive, an artificial or natural flavor or aroma (other than tobacco) or an herb or spice, including, but not limited to, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of the Tobacco Product, smoke, or vapor produced by the Tobacco Product.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Section B11-578(i) bars permitted retailers from selling tobacco products flavored with anything besides tobacco itself, naming strawberry, grape, clove, cinnamon, vanilla, menthol, and coffee among the prohibited characterizing flavors. A product is presumed flavored if its manufacturer or packaging makes or implies a flavor claim. Adopted in 2019, the ban applies to tobacco retailers in the unincorporated area under the County's own permit system, independent of any later statewide flavor restriction.
Violations & Fines
Selling a flavored tobacco product violates permit conditions under Section B11-578; the Public Health Department can fine the retailer and suspend or revoke the Tobacco Retailer Permit under Sections B11-588 and B11-589.
Frequently Asked Questions
Is menthol tobacco banned in Santa Clara County?
How does the county decide if a product is 'flavored'?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California tobacco & vaping overview
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