Tobacco and vaping regulations

On December 17, 2019, the City Council adopted Ordinance No. 1064 restricting the sale of all tobacco products in pharmacies, and flavored tobacco products and electronic cigarettes/vaping products in tobacco retailers within Menlo Park.

The ordinance became effective January 17, 2020.

Key provisions of Menlo Park's ordinance

  • No flavored tobacco products (includes menthol cigarettes)
  • No electronic cigarettes
  • No free samples/coupons
  • No out of package samples
  • No self-service displays
  • No tobacco products in pharmacies
Before January 17, 2020, local tobacco retailers received a visit by a trained volunteer to help answer any questions about the ordinance and to support retailer compliance.

Senate Bill 793

In August 2020, the Governor signed SB 793 banning the sale of flavored tobacco in California. The law was scheduled to go into effect January 1, 2021. However, a petition was circulated to repeal the law. The petition received enough signatures to be placed on the November 8, 2022, ballot. The State has agreed to suspend enforcement of the law until the ballot measure is decided. This means that SB 793 does not take effect January 1, 2021.

While the statewide law is being challenged, this does not affect Menlo Park's local ordinance, which remains in effect.

Flavored tobacco products proposed to be banned by SB 793:
  • Flavored e-cigarettes or vapes, e-juice, pods and cartridges
  • Menthol cigarettes
  • Flavored little cigars and cigarillos
  • Loose leaf roll-your-own tobacco
  • Smokeless tobacco
  • Flavored tobacco product enhancers
The law does not apply to: the sale of flavored shisha/hookah, premium cigars over $12, and loose leaf pipe tobacco.