A combined operation that included the Sunnyvale Department of Public Safety (DPS) and the California Department of Tax and Fee Administration (CDTFA) led to the seizure of thousands of illegal smoking products. In June and July, the agencies seized 7,062 illegal products valued at $114,575. The seizure could also lead to nearly $400,000 in fines.
According to Paige Johnson, the public information officer for Sunnyvale DPS, the products included:
- Flavored tobacco, which is illegal to sell to minors.
- THC vapes, infused and edibles, which the businesses did not have a license to sell.
- Flavored Zyn pouches and flavored disposable vapes, which are banned from retail sale.
- Unstamped cigarettes and untaxed tobacco that evade state excise tax.
- 7-OH Kratom, which is classified by California health authorities as an unapproved, adulterated drug and is illegal to sell in the state.
The operation began after community members expressed concerns about the “accessibility of tobacco products to minors.” Sunnyvale DPS issued verbal warnings to smoke shop owners, and then conducted inspections with CDTFA, including attempts to purchase.
Ryan Townsend, of the CDTFA’s Office of Public Affairs, told The Weekly via email that three Sunnyvale locations received civil citations and a total of 14 violations because of the effort. The CDTFA cannot release the businesses’ names because of “taxpayer confidentiality laws.”
While the fines will not be issued until the appeals process is complete, Townsend says,
“… the law requires $50-per-unit penalty for all banned flavored tobacco products, which would amount to $389,250 in penalties total for the three locations.”
Whether this will affect the businesses’ license to sell tobacco and/or cannabis products in the future also won’t be determined until the appeals process is complete.
Sunnyvale DPS says it will conduct follow-up inspections to ensure the businesses comply with state and local laws.
“Effective enforcement requires patience and persistence, and our department and our law enforcement partners are committed to doing that work,” said Sunnyvale DPS Chief Dan Pistor. “If you choose to sell illegal nicotine or tobacco products, especially to minors, we will investigate and enforce the law to keep our community safe.”
If you suspect illegal sales of tobacco products, you are encouraged to call Sunnyvale DPS at (408) 730-7100.
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