State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Summary:
Notice Date - August 6, 2025
Approval Date – August 25, 2025
In 2020, Senate Bill 793 banned flavored tobacco products (subject to certain exceptions) and tobacco product flavor enhancers in California. (Health & Saf. Code, § 104559.5.)
Assembly Bill 3218, which went into effect on January 1, 2025, amended the flavor ban put in place by Senate Bill 793 and expanded on it. (Bus. & Prof. Code, §§ 22978.3, 22980, 22990; Health & Saf. Code, §§ 104559.1, 104559.5; Rev. & Tax. Code, § 30101.7.) It established the Unflavored Tobacco List (UTL), a list of covered tobacco products that are permissibly unflavored under the law. (Health & Saf. Code, § 104559.1, subd. (a).) Products not appearing on the list will be subject to seizure, and the Attorney General, the California Department of Public Health, and state and local law enforcement agencies are authorized to seek civil penalties against retailers of products not appearing on the list. (Health & Saf. Code, §§ 104559.1, subd. (g), 104559.5, subd. (b)(1); Bus. & Prof. Code, § 22974.2, subd. (a).) Assembly Bill 3218 requires the Attorney General to establish and maintain the UTL on or before December 31, 2025. (Health & Saf. Code, § 104559.1, subd. (m)).
The regulations implement Assembly Bill 3218, in part, by describing how manufacturers and importers of unflavored tobacco products may apply for the placement of their products on the UTL, what information those manufacturers and importers must provide, and the timing for applications and responses. The regulations also establish fees for initial and renewed placement on the list, and describe how civil penalties against distributors, wholesalers, and delivery sellers of products not appearing on the UTL may be assessed and appealed.
The regulations are, by legislative mandate, deemed emergency regulations necessary for the immediate preservation of the public health, safety, and welfare under the governing statute. (Health & Saf. Code, § 104559.1, subd. (q).)
Sections Affected:
California Code of Regulations, Title 11, Division 1, Chapter 11
Adopt Sections: Sections 942 through 957
Status of the Proposal:
On August 25, 2025, the Office of Administrative Law approved the Department's emergency action regarding the Unflavored Tobacco List and filed it with the Secretary of State. These regulations became effective on August 25, 2025.
NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.
Emergency Regulations: August 6, 2025