SF Health Code Article 19R suspends the sale of e-cigarettes that lack FDA premarket authorization, effectively halting most vape sales in 2019, while flavored vape products remain prohibited under Article 19Q regardless of FDA status.
SF was first US city to suspend vape sales pending FDA review, citing the youth vaping epidemic. Article 19R bars sales of any e-cigarette not yet authorized through the FDA premarket tobacco application process. Combined with Article 19Q's flavor ban, this leaves a very narrow window of compliant products. Tobacco Retailer Permit holders must verify FDA authorization status before stocking vape products. The state has not preempted these stricter local rules. Online and out-of-jurisdiction delivery of unauthorized e-cigarettes to SF addresses is also prohibited but enforcement is challenging.
Selling unauthorized e-cigarettes or any flavored vape can trigger fines starting at $500 per violation, Tobacco Retailer Permit suspension, and after repeat violations permanent license revocation.
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