The City of San Diego has recently flexed its legal muscle in its fight against noncompliant vape retailers, resulting in a substantial payout to deter the sale of flavored tobacco products. The City Attorney's Office has secured a settlement of $200,000 in a civil enforcement action targeting the unlawful sale of such products, particularly appealing to youth.
The defendants, led by Yazan R. Muowahid, in this case, were found guilty of sidestepping California Health & Safety Code 104559.5 and San Diego Municipal Code 42.1603, both of which ban the sale of flavored tobacco products. According to a statement from City Attorney Heather Ferbert, "Flavored tobacco products are intentionally designed to appeal to young people, and their illegal sale poses a serious threat to public health." This action represents the city's ongoing effort to curb a known public health issue – youth nicotine addiction, per the City Attorney's Office.
Under the settlement's terms, the affiliated vape retailers will pay $190,000 in civil penalties under the Unfair Competition Law (UCL), and an additional $10,000 to compensate for investigative costs incurred by the city. More than just a financial reprimand, the settlement also mandates a stern three-year injunction against the defendants, prohibiting them from selling flavored tobacco products in the future.
Should any of these retailers decide to flout the law again, they'll be subject to additional penalties, sending a clear message that San Diego is not taking it responsibility to protect its young citizens from the dangers of these enticing, yet harmful, products lightly. The Affirmative Civil Enforcement (ACE) Unit of the City Attorney's Office, led by Deputy City Attorney Kevin King, takes credit for this victory, having pursued the case with the state's people's best interests at heart.
