California issues Unflavored Tobacco List, redefining lawful product sales

California issues Unflavored Tobacco List, redefining lawful product sales

California has taken a significant step in enforcing its flavored tobacco restrictions with the release of the first-ever Unflavored Tobacco List (UTL). Attorney General Rob Bonta announced the publication of this list, which identifies unflavored tobacco products that are lawful for sale under state regulations. According to the California Department of Justice (DOJ), any tobacco product not included on the list is considered a flavored product and is therefore prohibited from being sold in the state.

A Milestone in Tobacco Regulation

The UTL was created as part of California’s ongoing efforts to curb the sale of flavored tobacco products. The legal framework for this initiative originated with Senate Bill 793 (2020), which banned flavored tobacco products, and was further expanded by Assembly Bill 3218, effective January 1, 2025. AB 3218 broadened the definition of flavored tobacco products, increased enforcement authority, and established the UTL itself.

To be included in the initial UTL, manufacturers and importers were required to submit applications by October 9, 2025. As stated in a DOJ press release, "Applications submitted by that date were considered for the UTL published on Wednesday and received a response, whether an approval, denial, or a request for additional information." Registration for unflavored products is still ongoing, and submissions can be made at any time.

Enforcement and Compliance

The publication of the UTL marks a new phase in California’s enforcement of tobacco regulations. Products that are not listed remain subject to seizure and penalties. According to the DOJ, enforcement falls primarily under the California Department of Public Health (CDPH), which encourages the public to report suspected violations. Additional enforcement responsibilities are shared with the California Department of Tax and Fee Administration (CDTFA), which handles reports of violations through its dedicated channels.

For law enforcement agencies, the UTL serves as a valuable resource to identify products that comply with state law. However, the DOJ has indicated that, initially, enforcement efforts for products not included on the UTL but not "obviously flavored" will focus on educating manufacturers about registration requirements, rather than immediate penalties.

The regulations governing the UTL were established through emergency rulemaking by the Attorney General’s Office. These rules specify the procedures for manufacturers and importers to apply for placement on the list, the information required for such applications, and the fees associated with initial registration and renewal. They also outline how civil penalties may be assessed and appealed for violations involving unlisted products.

"DOJ’s enforcement priority will continue to focus on ‘obviously flavored’ tobacco products and tobacco product flavor enhancers", the release noted. This includes tobacco product flavor enhancers and other items that clearly fall under the flavored product ban.

Reporting and Registration

The CDPH has provided the public with resources to report suspected violations, including a phone number, 1-800-5-ASK-4-ID (800-527-5443), and an email address, OYTE@cdph.ca.gov. Meanwhile, manufacturers looking to register products on the UTL can do so through the DOJ’s dedicated portal. Questions regarding registration can also be directed to the UTL Inbox at UTLInbox@doj.ca.gov.

The introduction of the UTL represents a significant milestone in California’s efforts to curb the sale of flavored tobacco products. By setting clear guidelines on which products may be sold and creating a streamlined registration process, the state aims to enforce its tobacco laws more effectively while supporting public health objectives.

Read the source

Back to blog