California retailers now have a state-approved list they can use to determine which tobacco products can be legally sold in the state.
The "unflavored tobacco list," created under Assembly Bill 3218, identifies which products regulators have deemed as “unflavored” and therefore can be legally sold under California's flavored tobacco ban. The state banned the sale of flavored tobacco products in 2020.
“Safeguarding public health, particularly for our youth, has been and will continue to be a top priority,” California Attorney General Rob Bonta said in a statement.
Bonta said the list provides clarity for manufacturers, retailers and law enforcement agencies while strengthening enforcement of the state’s flavored tobacco restrictions.
Manufacturers and importers seeking inclusion on the initial list were required to submit completed applications by Oct. 9. State officials said all applications submitted by that deadline received a response, including approvals, denials or requests for additional information.
Products not registered and included on the list are subject to seizure and penalties, according to the attorney general’s office. Registration for unflavored tobacco products may be completed at any time.
The California Department of Public Health has primary responsibility for enforcing the state’s flavored tobacco ban. The California Department of Tax and Fee Administration is charged with enforcing the flavored tobacco ban.
State and local law enforcement agencies are authorized to enforce restrictions on flavored tobacco products and tobacco product flavor enhancers, according to a California Department of Justice information bulletin. Enforcement efforts will continue to prioritize products that are “obviously flavored,” the attorney general’s office said.
For tobacco products not included on the initial list and not clearly flavored, including hand-rolled leaf cigars, the California Department of Justice plans to focus initially on educating manufacturers about registration requirements rather than immediately pursuing enforcement actions, the attorney general’s office said.
California Fuels & Convenience Alliance voices concerns
The California Fuels & Convenience Alliance (CFCA), which advocates for the convenience-store industry, said many convenience stores are small, family- and minority-owned businesses that could face significant compliance risks if products are removed from the list without direct notification.
“Expecting small businesses to continuously monitor a state website for changes is unrealistic and increases the likelihood of unintentional violations and severe penalties,” CFCA said in a statement to CSP Daily News Monday.
CFCA said it has urged the state to adopt a direct notification or opt-in alert system so retailers receive timely notice of changes to the list.
The financial impact of sudden product removals is also a concern, CFCA said, noting that retailers often purchase inventory weeks or months in advance.
“Without a reasonable grace period to sell through delisted products, compliant businesses could be left with unsellable inventory through no fault of their own,” CFCA said. “A longer notice period would allow retailers operating in good faith to adjust while maintaining compliance.”
CFCA also warned that overly restrictive legal options can push demand toward illicit and unregulated markets.
“This harms law-abiding retailers, undermines public health goals and contributes to lost tax revenue for the state, while exposing consumers to products that are not subject to California’s safety standards,” CFCA said.
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