California SB 793, affirmed by voters as Proposition 31 in 2022, bans the retail sale of flavored tobacco products including menthol cigarettes, flavored vapes, and flavored cigars throughout Orange County.
Senate Bill 793 (2020) made California the second state to ban flavored tobacco. After tobacco industry challenges, voters upheld the law as Proposition 31 with 63% approval in November 2022, and enforcement began December 21, 2022. The ban covers menthol cigarettes, flavored cigars, flavored chew, flavored e-liquids and vape pods, and any tobacco product with a characterizing flavor other than tobacco. Exemptions: shisha tobacco at licensed hookah lounges, premium cigars over $12, and loose-leaf pipe tobacco. OC HCA, CDPH, and local police enforce at retail; the FDA enforces against manufacturers. Internet sales to OC addresses are also banned.
Retailer fines start at $250 first violation, $500 second, $1,000 third within five years. Repeat violators face license suspension and revocation by the CDTFA.
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See how Orange County's flavored tobacco bans rules stack up against other locations.
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