Philadelphia Code section 9-630 bars sales of flavored tobacco products, including menthol, fruit, and candy flavors, in retailers near schools and most non-tobacco-specialty shops. Effective 2018, with later expansions, hookah lounges and adult tobacco shops have narrow exceptions.
Philadelphia Code section 9-630 prohibits the sale of flavored tobacco products at retailers within five hundred feet of K-12 schools and at any retailer that does not qualify as a specialty tobacco store. Covered flavors include menthol, mint, wintergreen, fruit, candy, dessert, and any characterizing flavor other than tobacco, applied to cigarettes, cigars, smokeless tobacco, hookah, and electronic nicotine delivery products. Specialty tobacco retailers, defined to derive most revenue from tobacco and bar entry to anyone under 21, may continue selling flavored products. Enforcement is by the Department of Public Health, which conducts undercover buys and can suspend tobacco retailer permits. State preemption challenges have so far failed.
Selling flavored tobacco at a non-exempt Philadelphia retailer violates section 9-630, with fines up to five hundred dollars per item and permit suspension after repeated violations or sales near schools.
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