California Bolsters Ban on Sale of Flavored Tobacco Products
OAKLAND, Calif. — California Governor Gavin Newsom signed into law a bill which defines new enforcement mechanisms to combat the sale of illegal tobacco products for the California 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.
Assembly Bill (AB) 3218 was authored by Assembly Speaker pro Tempore Jim Wood (D-Healdsburg) and Assembly Speaker Robert Rivas (D-Salinas) and was created to help ensure the successful implementation of the state's flavored tobacco ban. The prohibition went into effect after the U.S. Supreme Court in January declined to hear a challenge against the law brought by R.J. Reynolds Tobacco Co.
"California has been a leader in combatting the sale of addictive flavored tobacco products, and AB 3218 will further strengthen these efforts by providing new tools to protect the health of all Californians, particularly our youth, from the dangers of these harmful products," said California Attorney General Rob Bonta. "I am grateful to Governor Newsom, Speaker Rivas and Assemblymember Wood for their leadership in holding the tobacco industry accountable for their actions targeting our youth."
Tobacco companies make and market flavored tobacco products, many of which hold special appeal to young people and underage smokers, according to the "2024 National Youth Tobacco Survey." Part of the goal of the state's initial ban was to curtail use among this cohort.
Effective Jan. 1, 2025, the new legislation will help ensure full compliance of the 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."
To assist local governments in combatting the illegal sale of flavored tobacco products, Bonta earlier in the year announced new funding through the California Department of Justice's 2024-2025 Tobacco Grant Program, which provides close to $28.5 million in grant funding to eligible local agencies.