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

The ban in Section 5-46.08(f) applies to every tobacco retailer licensed under Chapter 5-46 and to its agents and employees. It prohibits three acts: selling, offering for sale, and possessing with intent to sell or offer for sale. A public statement or claim by the manufacturer, or by anyone the manufacturer authorizes to speak about the product, that the product has or produces a taste or smell other than tobacco is presumptive evidence that it is a flavored tobacco product.

Section 5-46.02(d) defines a flavored tobacco product as any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that a consumer can distinguish before or during consumption. The definition lists fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, and any candy, dessert, alcoholic beverage, herb or spice. Menthol is therefore covered by name.

The ban reaches vaping because Section 5-46.02(q) defines tobacco product to include any electronic smoking device and any substances that may be aerosolized or vaporized by such a device, whether or not the substance contains nicotine, along with components, parts and accessories such as filters, rolling papers, hookahs and pipes. Section 5-46.02(c) names e-cigarettes, e-cigars, e-pipes, vape pens and e-hookahs. Drugs, devices and combination products authorized for sale by the U.S. Food and Drug Administration are carved out of the tobacco product definition.

The Watsonville Police Department administers the license program. Chapter 5-46 was repealed and replaced by Ordinance 1394-19 (CM), effective November 21, 2019, and the flavored product prohibition is part of that replacement. Section 5-46.08(g) separately limits sales to in-person transactions at the licensed location.