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Vallejo, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Ban scope: All flavored tobacco products, no exceptions listed
Effective date: Ordinance 1875, December 10, 2024
First violation penalty: 30-day license suspension
Fourth violation penalty: License revocation
Civil fine range: $250-$1,000 per violation
Presumption trigger: Retailer/manufacturer flavor marketing claims

Summary

Vallejo bans the sale of any flavored tobacco product outright under Section 5.10.030, covering menthol, fruit, candy, and cooling-sensation vapes alike. A retailer's own marketing claiming a taste or smell other than tobacco counts as presumptive proof the product is flavored, and selling one puts a tobacco retailer license at risk of suspension or revocation.

5.10.030 - Sale of flavored tobacco products and electronic devices prohibited. A.Flavored Tobacco Product Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.B.Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Update 12 - 25).

Full Breakdown

Section 5.10.030 of Vallejo's Tobacco Retail Licensing Ordinance, added by Ordinance No. 1875 N.C.(2d) on December 10, 2024, makes it unlawful for any tobacco retailer to sell a flavored tobacco product, full stop. Section 5.10.010(N) defines a flavored product broadly: anything imparting a taste or odor other than tobacco, from fruit, menthol, mint, and wintergreen to chocolate, vanilla, honey, candy, or alcoholic beverage flavors, or a cooling or numbing sensation distinguishable by an ordinary consumer, whether felt before or during use. The definition specifically reaches marketing language like "chill," "ice," "fresh," "arctic," or "frost." Section 5.10.030(B) builds in a presumption: any public statement by a manufacturer, or anyone the manufacturer authorizes to speak for it, claiming the product tastes or smells like something other than tobacco is itself presumptive evidence the product is flavored, shifting the burden to the retailer.

The ban sits inside a broader tobacco retailer licensing structure. Section 5.10.020 requires every tobacco retailer to hold a city license before selling any tobacco product, bans self-service displays and delivery sales, requires photo-ID age verification, and sets the minimum sale age at 21. Selling a flavored product is enforced the same way as any other Chapter 5.10 violation: the department can suspend or revoke the retailer's license, and the city or district attorney can pursue civil penalties.

Violations & Fines

Under Section 5.10.130, a first violation draws a 30-day license suspension once the department finds the violation by a preponderance of evidence after notice and hearing. A second violation within five years brings 90 days, a third a full year, and a fourth revokes the license. Section 5.10.150 adds civil penalties of $250 to $1,000 per violation, pursued by the city or district attorney, with each day and each product sold counting separately, and seized flavored product subject to forfeiture.

Frequently Asked Questions

Does the ban cover flavored vapes too?

Yes. Section 5.10.010(N) defines "flavored tobacco product" to include electronic smoking devices and any substance they aerosolize, whether or not it contains nicotine, so flavored vape liquids and pods fall under the Section 5.10.030 sales ban exactly like flavored cigarettes or cigars.

Is menthol included in the ban?

Yes, explicitly. Section 5.10.010(N)(1) lists menthol, mint, and wintergreen by name among the tastes that make a tobacco product "flavored" under the chapter, alongside fruit, chocolate, vanilla, honey, candy, dessert, and alcoholic beverage flavors.

How does the city prove a product is flavored?

Section 5.10.030(B) creates a presumption: if the manufacturer or anyone authorized to speak for it publicly describes the product as having a taste or smell other than tobacco, that statement alone is presumptive evidence the product is flavored, without the city needing lab testing.

What happens to a retailer caught selling flavored tobacco?

The retailer's tobacco license faces suspension starting at 30 days for a first violation under Section 5.10.130, rising to revocation on a fourth violation within five years, plus a civil fine of $250 to $1,000 per sale under Section 5.10.150.

Sources & Official References

[1]Vallejo Municipal Code Title 5, Business Licenses and Regulations

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