California

Flavor ban, including menthol

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of June 15, 2025). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor / sales restrictions (statewide)

Statewide ban on flavored tobacco products, including flavored vapes and menthol, since January 2023. Exemptions for hookah, premium cigars, pipe tobacco, and licensed smoking bars.

Since Jan. 1, 2025, products that give a "cooling sensation" (including many "clear" vapes) are also treated as flavored.
Mail, phone, and online delivery of e-cigarettes is restricted.

Local city / county rules

Statewide flavor ban already applies; many localities also have stricter comprehensive bans (often covering unincorporated counties and all retailers).

Los Angeles County (unincorporated): comprehensive flavored-tobacco sales ban including menthol (PHLC June 2026; local ordinance cited).
San Francisco: comprehensive flavored-tobacco sales ban including menthol (San Francisco ordinance; PHLC June 2026).
Los Angeles (city): flavored tobacco sales ban including menthol, with hookah-lounge exemptions (L.A. Mun. Code; PHLC June 2026).
Oakland, Sacramento, San Diego (city/county), San Jose, Berkeley, and many other cities/counties have local flavor ordinances (PHLC June 2026).

Truth Initiative (Q1 2026) counts 158 California jurisdictions with flavored-tobacco sales restrictions (including the statewide policy). Campaign for Tobacco-Free Kids (May 13, 2026) lists 162 California localities.

Tax

Map summary: 54.27% of wholesale plus 12.5% of retail

Electronic cigarettes taxed at first distribution from the wholesaler as “Other Tobacco Products” at rate of 56.32% of wholesale cost.

Cal. Rev. & Tax. Code § 30130.51(b) (2025); Cal. Dep’t Tax & Fee Admin., Tax Rates - Special Taxes and Fees

Electronic cigarettes taxed at 12.5% of retail price.

Cal. Rev. & Tax. Code § 31002(a)(1)(A) (2025)

Youth access / retail restrictions

Sale/distribution of electronic cigarettes to persons under age 21 prohibited (active duty military personnel must be at least 18).

Cal. Bus. & Prof. Code §§ 22958(a), 22963(a) (2025);

Cal. Penal Code § 308(a)(1)(A) (2025)

Self-service displays of electronic cigarettes prohibited.

Cal. Bus. & Prof. Code § 22962(b)(1)(A) (2025)

Vending machine sales of electronic cigarettes must be located inside a bar at least 15 feet from entrance.

Cal. Bus. & Prof. Code § 22960(b)(1) (2025)

“The possession or use of [electronic cigarettes] by wards and inmates in all institutions and camps under the jurisdiction of the Department of the Youth Authority is prohibited.”

Cal. Welf. & Inst. Code § 1712.5(a) (2025)

Sale of flavored electronic cigarettes and flavor enhancers prohibited (exception for certain hookah businesses).

Cal. Health & Safety Code § 104559.5(b), (c) (2025)

Delivery sales, distribution, or nonsale distribution of electronic cigarettes (including deliveries to fulfill orders placed by mail, phone, online) through the U.S. Postal Service or any other public or private postal service prohibited unless the age of the product purchaser is verified as 21 years or older at both time of purchase and delivery. Additionally, the container must be conspicuously labeled with “CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY.”

Cal. Bus. & Prof. Code § 22963(a), (b) (2025)

Retail license

Yes.

Cal. Bus. & Prof. Code §§ 22972 (retailers), 22975 (2025) (wholesalers and distributors)

Packaging

Electronic cigarette cartridges and solutions for filling electronic cigarettes must be sold in child-resistant packaging.

Cal. Health & Safety Code § 119406(a) (2025)

Delivery / online sales

Smoke-free / indoor use

Use of electronic cigarettes prohibited wherever smoking is prohibited (with some exceptions) (Cal. Bus. & Prof. Code § 22950.5(c) (2025)) (definition of smoking) including, but not limited to, enclosed places of employment (Cal. Lab. Code § 6404.5 (2025)); family day care facilities; (Cal. Health & Safety Code § 1596.795 (2025)); foster and group homes (Cal. Health & Safety Code § 1530.7 (2025)); within 25 feet of playgrounds or 250 feet of a youth sports events (Cal. Health & Safety Code § 104495(b),(d) (2025)); in public buildings or “within 20 feet of a main exit, entrance, or operable window of a public building, or in a [state-owned] passenger vehicle” (Cal. Gov’t Code § 7597(a) (2025)); health facilities (Cal. Health & Safety Code § 1286 (2025)); in cars with minors (Cal. Health & Safety Code § 118948 (2025)); on public transportation (Cal. Health & Safety Code § 118925 (2025)); on passenger carriers (buses, trains, planes) (Cal. Pub. Util. Code § 561(a) (2025)); on grounds of facilities under Dep’t of Youth Authority jurisdiction, with the exception of residential staff housing where inmates or wards are not present (Cal. Welf. & Inst. Code § 1712.5(b) (2025)); in nonprofit charitable temporary food facilities (Cal. Health & Safety Code § 114332.3(f) (2025)); in outpatient health facilities (Cal. Health & Safety Code § 1234 (2025)); within 25 feet of the “commerce area” of certified farmers’ markets (Cal. Health & Safety Code § 114371(f) (2025)); and on a state beach or unit of the state park system (Cal. Pub. Res. Code § 5008.10(b) (2025)).

Schools may not allow students to use tobacco products, including electronic cigarettes, on campus or while attending school-sponsored activities.

Cal. Educ. Code § 48901(a) (2025)

School districts, charter schools and county offices of education must adopt and enforce policy prohibiting use of electronic cigarettes.

Cal. Health & Safety Code § 104420(n)(2) (2025)

Use of nicotine delivery devices prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles.

Cal. Health & Safety Code § 104559(a) (2025)

Landlord of a residential dwelling unit may prohibit smoking of tobacco products, including electronic cigarettes, on the property or any portion of the building.

Cal. Civ. Code § 1947.5 (2025)

Definition notes

Included in a “tobacco product” definition in at least one statute?

Yes.

Cal. Bus. & Prof. Code § 22950.5(d)(1)(B) (2025);

Cal. Rev. & Tax. Code § 30121(b) (2025);

Cal. Health & Safety Code § 104495(a)(8)(A) (2025)

How the jurisdiction defines e-cigarettes / related terms (excerpts):

Youth Access and Use Restrictions

Tobacco product means “[a] product containing, made, or derived from tobacco or nicotine that is intended for human consumption [including an] electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.”

Cal. Bus. & Prof. Code § 22950.5(d)(1) (2025);

Cal. Health & Safety Code § 104495(a)(8)(A) (2025)

Tobacco product flavor enhancer means “a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.”

Cal. Health & Safety Code § 104559.5(a)(15) (2025)

Tax

Electronic cigarettes means “any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah[, and including] any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine[, and also including] any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form.”

Cal. Rev. & Tax. Code § 30121(c) (2025)

Electronic cigarette means “[a] device or delivery system sold in combination with any liquid substance containing nicotine that can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah[, or a] component, part, or accessory of a device described [above] that is used during the operation of the device if sold in combination with a liquid substance containing nicotine[, or a] liquid or substance containing nicotine, whether sold separately or sold in combination with any device, that could be used to deliver to a person nicotine in aerosolized or vaporized form.”

Cal. Rev. & Tax. § 31001(c) (2025)

Tobacco products means “a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including . . . cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, [but not] cigarettes. Tobacco products shall also include electronic cigarettes.”

Cal. Rev. & Tax. Code § 30121(b) (2025)

Links

Public Health Law Center — California 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.