San Jose ban on flavored tobacco set to go into effect July 1

SAN JOSE -- San Jose's ban on flavored tobacco will go into effect on July 1, prohibiting the sale of any tobacco products with an artificial flavor, natural flavor, aroma, herb or spice.

The San Jose City Council voted unanimously last fall to ban flavored tobacco products in an effort to protect the health of children, city officials said.

Tobacco products flavored like fruits, sweets, menthol and many others will no longer be allowed for sale within the city of San Jose.

"The tobacco industry has targeted youth with these colorful, flavored tobacco products, leading to an alarming rise in tobacco use among youth," Mayor Sam Liccardo said. "We are proud to put the health of our youth first with these prohibitions."

The ban exempts shisha, hookah and premium cigars from the restrictions.

Sellers of banned products on or after July 1 could be fined up to $2,500 per day and have their tobacco license revoked, as enforced by the city's code enforcement division.

San Jose has already banned new tobacco retailers within 1,000 feet of youth facilities and within 500 feet of existing tobacco retailers, as of Nov. 28, 2021.

The new enforcement will be facilitated with a grant from Santa Clara County coordinating flavored tobacco bans.

"This ordinance update to ban the sale of flavored tobacco and other steps can greatly help minimize access to tobacco by youth," Chris Burton, director of the planning, building and code enforcement department, said.

San Jose joined other cities in local bans after California Senate Bill 793, banning the sale of flavored tobacco statewide, was paused while the bill goes to aa voter referendum in November.