More than a dozen Southern California retailers were sued this week by the San Diego City Attorney’s Office for allegedly selling flavored tobacco, which is banned under California law.
Proponents of the ban, which took effect in 2023, say flavored tobacco products are marketed toward children. The city of San Diego enacted its own ban, and the City Attorney’s Office sued a group of local retailers last year for alleged violations, resulting in fines and injunctions.
The new round of lawsuits follows an investigation conducted last month, in which undercover city attorney’s investigators were able to allegedly buy flavored tobacco from retailers.
One sale was conducted personally by a store’s owner, while another store brought undercover investigators into a “staff only” room to show off their flavored tobacco wares, the City Attorney’s Office said. Other times, investigators were allegedly able to purchase flavored tobacco from the stores online and have them delivered without any mechanism to verify the buyers’ age.
“These operators clearly did not get the message last year after we filed our first round of lawsuits,” City Attorney Mara Elliott said in a statement.
This week’s complaints target six people, four chains and more than a dozen outlets in San Diego, Orange and San Bernardino counties. The retailers are accused of violating California’s Unfair Competition Law for selling the products, giving them an unfair advantage over other stores that are following the law.
Violations of the law can lead to fines of up to $2,500 per sale and requirements to pay the city’s legal fees.
“Most of these retailers know it is illegal, which is why they go to great lengths to hide their activity,” Elliott said. “Others simply skirt the law to put profits over public health.”
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