California’s Assembly Bill 3218, which goes into effect Jan. 1, will further bolster enforcement efforts of the state’s ban on all flavored tobacco sales in the state, said California Attorney General Rob Bonta.
Bonta recently released guidance to help businesses across the state comply with the new law, which builds on the implementation of California’s Senate Bill 793, which bans the sale of most flavored tobacco products in the state.
“Young children across our state are still being lured into harmful addiction through flavored tobacco products. It’ll take a collective effort, including state and local enforcers, to address illicit access to these products,” said Bonta. “This new law will provide my office with the tools and support needed to hold those who are responsible for illegal sales accountable and help sellers looking to meet their obligations come into full compliance with the law.”
Assembly Bill 3218 will help ensure full compliance of the flavored tobacco ban by:
- Establishing a publicly available list of all tobacco products that are permissibly unflavored and allowed to be sold in California.
- Authorizing the attorney general to seek civil penalties against sellers for selling products not appearing on the unflavored list and to omit any tobacco products within the list lacking FDA authorization.
- Rendering products not appearing on the unflavored list subject to seizure, aiding in enforcement efforts by state or local law enforcement agencies.
- Revising the definition of a prohibited “characterizing flavor” to specifically include products that impart menthol-like cooling sensations, as well as other flavors that are “distinguishable by an ordinary consumer.”
California's ban on all flavored tobacco sales in the state took effect in December 2022.
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