Two local retail chains were sued by the San Diego City Attorney's Office Tuesday for allegedly violating city and state bans on flavored tobacco sales.
Payless Smoke Shop, which has three San Diego locations, and Keg 'n Bottle, which has six San Diego locations and others in National City, La Mesa, Lemon Grove and Rancho Santa Fe, are accused of violating the California Health and Safety Code and the San Diego Municipal Code, according to the complaint filed in San Diego Superior Court.
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The city attorney's office alleges undercover investigators were able to purchase flavored tobacco at both retailers on multiple occasions, in violation of the recently enacted bans. On one occasion, a Keg 'n Bottle store clerk allegedly sold flavored tobacco to an investigator, then told them to hide the products "in a bag as they exited the store because they were 'illegal' to sell," the complaint states.
According to the city attorney's office, violations of the law are punishable by fines of up to $2,500 per sale.
Tony Konja, owner of Keg 'n Bottle, responded to NBC 7 regarding the lawsuits on Tuesday, stating that they were investigating the allegations.
The business was informed on Tuesday that two of their 12 locations had allegedly sold flavored tobacco products to non-minor under cover agents, Konja added.
"We assured the city attorney's office we will cooperate with them in resolving this issue," Konja said.
"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," San Diego City Attorney Mara Elliott said in a statement. "No wonder 14% of high school students report using e-cigarettes."
The litigation also drew support from San Diego City Council member Marni von Wilpert, who said, "This lawsuit is a big first step for our city, and we look forward to working with our partners across the region and state to put the health and safety of our young people first, and prevent a lifetime of nicotine addiction."
