Pleasanton Municipal Code Art. II Flavored Tobacco Restrictions

A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product. This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco product, packages of flavored tobacco product, or any combination thereof, possesses such flavored tobacco product with intent to sell or offer for sale.

C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, tobacco store, manufacturer, or their agents or employees:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor;

2. Used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or

3. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

(Ord. 2208 § 3, 2020)

Wholesalers and distributors may sell flavored tobacco products to other wholesalers, distributors and retailers.

(Ord. 2208 § 3, 2020)