California Attorney General Rob Bonta has issued guidance to businesses in anticipation of the new flavored tobacco enforcement law set to take effect on January 1, 2025. Assembly Bill (AB) 3218 aims to strengthen the implementation of the flavored tobacco ban initiated by Senate Bill (SB) 793 in 2019. The law introduces new enforcement measures and establishes a list of unflavored tobacco products permitted for sale in California.
Attorney General Bonta emphasized the ongoing issue of youth addiction to flavored tobacco products, stating, "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." He added that the new law equips his office with necessary tools to hold accountable those involved in illegal sales and assist sellers in complying with legal requirements.
The problem of flavored tobacco use among young people, particularly middle school students, persists due to the availability of high-nicotine products marketed in flavors appealing to children.
AB 3218 seeks full compliance with the flavored tobacco ban by implementing several measures:
- A publicly accessible list will be established detailing all permissible unflavored tobacco products under state restrictions.
- The Attorney General is authorized to pursue civil penalties against sellers offering products not listed as unflavored.
- Products not on the Unflavored List may be seized by state or local law enforcement agencies.
- The definition of prohibited "characterizing flavor" is revised to include menthol-like cooling sensations and other distinguishable flavors.
For further information, copies of the bulletins can be accessed online.