When a tobacco product is presumed to be flavored

A. A rebuttable presumption exists that a tobacco product is a flavored tobacco product when: 1. Any communication is made by or on behalf of the importer, distributor, manufacturer, or retailer of a tobacco product that the product imparts a taste or odor other than the taste or odor of tobacco; or 2. Any communication is made by or on behalf of the importer, distributor, manufacturer, or retailer that the tobacco product imparts a cooling or numbing sensation. B. A rebuttable presumption exists that a tobacco product is a flavored tobacco product when a tobacco importer, distributor, retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has: 1. Made or makes a public statement or claim that the tobacco product is a flavored tobacco product or that the tobacco product has a minty, numbing, or cooling effect, including by describing the product as "chill," "ice," "fresh," "arctic," or "frost"; 2. Used or uses text or images, or both, on the tobacco product's labeling or packaging that indicates or implies that the tobacco product has a flavor other than tobacco; or 3. Taken or takes action directed at consumers that would reasonably be expected to cause consumers to believe the tobacco product is a flavored tobacco product. ( Ord. No. 5799 , § 2, 2024)