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San Jose, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

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

Key Facts

Effective date
After June 30, 2022
Menthol included
Yes, no exemption
Shisha exemption
Adult-only lounges only
Also exempt
Premium cigars, loose leaf
Governing chapter
SJMC Chapter 6.87

Summary

San Jose bans retail sale of flavored tobacco and vape products, including menthol, with narrow carve-outs for shisha, premium cigars, and loose leaf tobacco.

no Tobacco 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, ... menthol, or coffee, that is a characterizing flavor or aroma of the Tobacco Product, smoke, or vapor produced by the Tobacco Product after the close of business on June 30, 2022.

Source: San Jose Municipal CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

Since July 1, 2022, no San Jose tobacco retailer may sell a tobacco product with a characterizing flavor or aroma other than tobacco itself: menthol included. The ban covers cigarettes, e-cigarettes/vape products, and any product with an added flavor like mint, fruit, or candy. It applies at every retail location licensed under the Tobacco Retail License program in Chapter 6.87. Narrow exceptions exist for shisha sold to adult-only hookah lounges, premium cigars, and loose leaf tobacco.

Violations & Fines

Selling a flavored tobacco product violates the retailer's Tobacco Retail License terms and can trigger license suspension or revocation under Chapter 6.87's enforcement provisions, plus code enforcement citations.

Frequently Asked Questions

Does San Jose's flavor ban include menthol cigarettes?
Yes. Menthol is named in the code as a prohibited characterizing flavor along with mint, fruit, and dessert flavors: there is no menthol carve-out.
Can hookah lounges still sell flavored shisha in San Jose?
Only if the lounge excludes anyone under 21 and complies with all state and local tobacco-consumption laws; other flavored products remain banned.

Sources & Official References

Other rules in San Jose

All San Jose rules

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Flavored Tobacco Bans in Nearby Cities

How other cities in Santa Clara County handle flavored tobacco bans.

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Heavy Restrictions