With New Tobacco Enforcement Law Set to Go into Effect January 1st, Attorney General Bonta Releases Guidance to Businesses

SACRAMENTO — California Attorney General Rob Bonta today released guidance to help businesses across the state comply with the new law regarding implementation of the flavored tobacco ban. Effective January 1, 2025, Assembly Bill (AB) 3218, builds on the implementation of the flavored tobacco ban (SB 793, 2019) by enacting new enforcement efforts from the Attorney General’s office and the establishment of a list of all tobacco products that are permissibly unflavored and allowed to be sold in California.
 
“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 Attorney General 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.”
 
Tobacco companies make and market flavored tobacco products, which come with high nicotine content in a myriad of kid-friendly flavors, and that are widely available for purchase in stores and on the Internet. Usage of these products among youth has remained a persistent problem, specifically among middle school students. 

AB 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 under the state's flavored tobacco restrictions. 
• Authorizing the Attorney General to seek civil penalties against sellers for selling products not appearing on the Unflavored List.
• 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.”

Copies of the bulletins can be found here and here.