A fresh wave of lawsuits has emerged following an investigation last month, during which undercover agents reportedly managed to purchase flavored tobacco products.
SAN DIEGO — More than a dozen retailers in Southern California have been sued this week by the San Diego City Attorney’s Office for allegedly selling flavored tobacco, a practice that is prohibited under California law.
Advocates of the ban, which was implemented in 2023, argue that flavored tobacco products are aimed at children. San Diego has established its own ban, and the City Attorney’s Office previously sued a group of local retailers last year over alleged infringements, leading to fines and court orders.
This latest series of lawsuits follows an investigation carried out last month, where undercover investigators from the City Attorney’s Office purportedly purchased flavored tobacco from various retailers.
According to the City Attorney’s Office, one undercover sale was made directly by a store owner, while another retailer led investigators into a “staff only” area to showcase their flavored tobacco products. Additionally, there were instances in which investigators were allegedly able to buy flavored tobacco online from these stores without any checks to confirm the buyers’ ages.
San Diego City Attorney Mara Elliott commented, “These operators clearly did not get the message last year after we filed our first round of lawsuits.”
This week’s lawsuits name six individuals, four chains, and numerous locations across San Diego, Orange, and San Bernardino counties. The retailers are accused of breaching California’s Unfair Competition Law by selling these products, thereby gaining an unfair edge over compliant stores.
Breaking the law can result in fines of up to $2,500 per sale, in addition to the obligation to cover the city’s legal expenses.
“Every parent knows that flavors like ‘Birthday Cannoli’ and ‘French Toast Cinnamon Sugar’ target kids,” Elliott stated. “Most of these retailers are aware that their actions are illegal, which is why they go to such great lengths to conceal their activities. Others blatantly disregard the law in favor of profit. They have become so reliant on tobacco sales that they actively target young people through Instagram advertisements featuring Fruit Loops and Halloween candy.”
