CA AB739

Prohibits tobacco retailers from selling, offering for sale, or possessing with intent to sell flavored tobacco products, defined as any tobacco product containing a constituent that imparts a characterizing flavor (fruit, chocolate, vanilla, honey, candy, menthol, mint, spice, etc.).

Establishes a rebuttable presumption that a tobacco product is flavored if the manufacturer has made statements or claims about the product having a characterizing flavor through labeling, packaging, text, color, or images.

Violations are punishable as infractions with a fine of $250 for each violation.

Does not preempt local ordinances; allows local jurisdictions to adopt greater restrictions on flavored tobacco product sales, with local standards prevailing in case of conflict.

Declares provisions severable and specifies that no state reimbursement is required for local implementation costs related to this new infraction.