SAN DIEGO —
San Diego City attorney Mara Elliott announced Tuesday that her office has filed a lawsuit against two retail chains she says violated state and local laws banning the sale of flavored tobacco products.
The lawsuit, filed in San Diego Superior Court, accuses Payless Smoke Shop and Keg ‘N Bottle stores of selling flavored tobacco products — namely e-cigarettes — to undercover investigators several times since May, according to Elliott’s office.
In one incident, a clerk at a Keg ‘N Bottle store asked an undercover investigator to hide the product, admitting it was illegal to sell it, according to the lawsuit.
The suit contends that the sale of flavored tobacco amounts to unlawful and unfair business practices under state law, giving the two retail chains an advantage over law-abiding competitors.
Elliott’s office is seeking penalties and compliance with the laws.
“As a mother and a prosecutor, I am appalled by the tactics of the tobacco industry, which continues to manufacture and advertise deadly products with kid-friendly flavors, like cotton candy, bubblegum, and a wide range of fruits,” Elliott said in a statement.
The stores make money, “sometimes off the backs of children, and that’s very disturbing,” she added in an interview.
The owners of the chains did not respond to requests for comment. In San Diego, Payless Smoke Shop runs three locations and Keg ‘N Bottle operates six stores.
The San Diego City Council approved a ban on the sale of flavored tobacco in April 2022, with enforcement delayed until January. In November, state voters passed Proposition 31, which upheld a 2020 ban. That ban took effect in December.
Councilmember Marni von Wilpert, who pushed for the local ban, said Tuesday that the lawsuit was a “big first step” for the city.
“I applaud today’s action by the City attorney as the next step in our fight to keep these poisonous nicotine products out of communities and especially out of the hands of our children,” von Wilpert said. She added that the city will continue to work to “put the health and safety of our young people first, and prevent a lifetime of nicotine addition.”
Public health advocates and proponents of the local and state bans say flavored tobacco products target teens and young adults, and can get them hooked on nicotine, even traditional cigarettes, alcohol or drugs.
Elliott said she believes the two retail chains named in the lawsuit have sold flavored tobacco products intentionally. She said undercover city attorney investigators visited stores several times between May and this month and repeatedly purchased banned products. She said a Keg ‘N Bottle clerk acknowledged the sale of flavored tobacco is illegal.
“That’s not an accident,” Elliott said of the sales.
The city attorney said a tip led to the undercover investigation. Tips and complaints about violations of local and state laws can be emailed to cityattorney@sandiego.gov.
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