A statewide ban went into effect in December, suspending the sale of most flavored tobacco products and e-cigarettes statewide. The ban applies to anyone, but special care must be taken to keep these highly addictive products away from teens.

But why are they so easy to get?

According to the most recent data released by the FDA and CDC, more than 3 million middle and high school students in the United States use tobacco. For the ninth year in a row, e-cigarettes are the most popular tobacco product among middle and high school students, a national survey has found. But despite a statewide ban on the sale of these products, the media found that teens were still able to get them.

Is the ban effective?

While the statewide ban went into effect last December, several other cities and counties have already implemented flavored tobacco bans -- including Sunnyvale.

The media invited an 18-year-old high school student to accompany us on a tour of several smoke shops in Sunnyvale. We watched the young man walk into the store, followed him immediately, and heard the conversation with the clerk.

He asked to buy Menthol Juul pods — one of many flavored tobacco products included in state and local city bans. The student told the media that the clerk had stock.

"When I paid, I gave her my vaccine card," the teen told the outlet. "She said I needed a physical ID."

The sale didn't happen. But once he was back in the car, the 18-year-old was able to go online and order 19 different flavored tobaccos with 50mg of nicotine. The clerk told him at the store that they allow online pickup of orders, which is not allowed under local city ordinances.

“We found through inspections that they were indeed selling flavored tobacco,” said Christy Gunvalsen, the city’s community protection manager who oversees enforcement.

Public records obtained by CNBC show the store failed the last four inspections dating back to April last year. However, nothing has changed.

Stephanie: So what's next for businesses like this? I read on their website that they are still selling these products.

Records show the store is one of 67 tobacco retailers in Sunnyvale. Most of them have complied with at least one inspection this year, the city's law enforcement department said.

However, this is not the case everywhere.

We visited and checked out dozens of smoke shops in the Bay Area.

Some say they're strict, some admit they're not, and some tell us they're still confused about the rules.

"Have you had any instructions from the state?" asked the media's Sierra.

Dozens of retailers interviewed by the media told us that they have not received any direction from the state government about the new tobacco law, nor have they been visited by local law enforcement agencies.

California's Tobacco Black Market

If you ask informed reviewers, they say strict or not, the ban doesn't make sense at all. Partly because of the apparent vulnerability; anyone can seemingly gain access to an illegal product with a few clicks.

"It was so easy," said Richard Marianos, retired assistant director of the ATF.

Marianos conducts law enforcement operations involving illicit tobacco smuggling. He said the state's ban lacks an enforcement strategy, and as a result California's black market demand for tobacco is one of the highest in the country.

"The black market in California is very active," Marianos said.

Marianos said the former ATF investigator conducted a market survey to see how the ban was working in different California communities. He said the team made the purchases to try and identify problem areas in Northern California.

“Seven out of 10 places they visited, they were able to buy contraband, illegal products with impunity,” Marianos said. "It's a 7 out of 10 problem that's just sold to anyone."

A flavored tobacco product known on the American black market became popular in California. Experts are concerned about the product's appeal to children.

“From what you’ve seen, does California have a bigger problem than other states?” Serra asked.

"The whole of America is terrible, but California is one of the places where it gets the most attention," Marianos said.

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