San Jose, CA Tobacco & Vaping: Flavored Tobacco Bans (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.
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?
Can hookah lounges still sell flavored shisha in San Jose?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California tobacco & vaping overview
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Flavored Tobacco Bans in Nearby Cities
How other cities in Santa Clara County handle flavored tobacco bans.