California’s Assembly Bill 3218, effective Jan. 1, strengthens the state’s enforcement of the ban on flavored tobacco sales, according to California Attorney General Rob Bonta.
Bonta recently issued guidance to help businesses comply with the new law, which builds on California’s Senate Bill 793, prohibiting the sale of most flavored tobacco products.
“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 with the flavored tobacco ban by:
- Creating a publicly available list of all tobacco products that are unflavored and allowed to be sold in California.
- Allowing the attorney general to pursue civil penalties against sellers for offering products not listed as unflavored and to remove any products from the list that lack FDA approval.
- Making products not on the unflavored list subject to seizure, assisting state or local law enforcement in their enforcement efforts.
- Expanding the definition of a prohibited “characterizing flavor” to include products that provide menthol-like cooling sensations, as well as other flavors distinguishable by an average consumer.
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California’s statewide ban on all flavored tobacco sales began in December 2022.