Alameda County, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

No tobacco retailer or any of the tobacco retailer's agents or employees may sell or possess with intent to sell any flavored tobacco product.B.There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:1.Made a public statement or claim that the tobacco product imparts a characterizing flavor;2.Used text and/or images on the tobacco product labeling or packaging to explicitly or implicitly indicate the tobacco product imparts a characterizing flavor, including, but not limited to, use of descriptive terms such as "sweet" or "spicy" that imply a characterizing flavor;3.Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.C.There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if the tobacco product labeling or packaging explicitly or implicitly indicates the tobacco product imparts a characterizing flavor, including, but not limited to, use of descriptive terms such as "sweet" or "spicy" that imply a characterizing flavor. (Ord. No. 2020-4, § 1, 1-14-20)