San Diego SDMC section 32.50.04 bans the sale of all flavored tobacco products, including menthol cigarettes, flavored cigars, and flavored e-liquids, in the city. California SB-793 imposes the same ban statewide as of December 2022.
SDMC chapter 3 article 2 division 50 section 32.50.04, adopted by the City Council in 2018 and updated since, prohibits any tobacco retailer in San Diego from selling flavored tobacco products, defined to include any cigarette, cigar, smokeless tobacco, hookah tobacco, or electronic cigarette liquid with a characterizing flavor other than tobacco. Menthol, mint, wintergreen, fruit, candy, dessert, and concept flavors are all included. The ordinance mirrors and adds local enforcement to California SB-793 (Business and Professions Code section 104559.5). Retailers must remove flavored product advertising. Hookah lounges and premium cigar shops have a narrow state exemption but must still verify they do not sell to under-21 patrons.
Selling flavored tobacco is a misdemeanor under SDMC section 32.50.04 and California Health and Safety Code section 104559.5, triggering license suspension and fines up to about five thousand dollars per violation.
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