Attorney General Bonta Announces Publication of Unflavored Tobacco List

Tobacco products not appearing on Unflavored Tobacco List are ineligible for sale in California

OAKLAND - Pursuant to Assembly Bill (AB) 3218 (Wood, 2024), California Attorney General Rob Bonta today announced the publication of the first-ever Unflavored Tobacco List (UTL), a list of unflavored tobacco products that are lawful for sale under California's flavored tobacco restrictions. Any covered tobacco product not appearing on the UTL is deemed a flavored tobacco product and ineligible for sale. To be considered for the initial publication of the UTL, tobacco manufacturers and importers were required to submit completed applications by October 9, 2025. Applications submitted by October 9 were considered for today's UTL and received a response - whether that was an approval, denial, or request for additional information. Registration of unflavored tobacco products may be completed at any time at https://utl.doj.ca.gov/user/login. Manufacturers and retailers are warned that, absent registration and inclusion on the UTL, such products are and will remain subject to seizure and penalties by enforcement agencies. Attorney General Bonta sponsored AB 3218.

"California is continuing to lead by example. With the publication of our first-ever Unflavored Tobacco List, tobacco manufacturers, importers, state and local law enforcement agencies, and the public now have clear guidance on which unflavored tobacco products can be legally sold in our state," said Attorney General Bonta. "Safeguarding public health, particularly for our youth, has been and will continue to be a top priority. The Unflavored Tobacco List will help further reduce tobacco use among young people and strengthen accountability for companies and individuals who break our laws."

The California Department of Public Health (CDPH) has primary responsibility for enforcement of California's flavored tobacco ban. To report a retailer suspected of selling flavored tobacco products, please call, 1-800-5-ASK-4-ID (800-527-5443) or email CDPH at [email protected]. The California Department of Tax and Fee Administration (CDTFA) is also charged with enforcing the flavored tobacco ban. If you suspect a retailer sells illegal flavored tobacco products or is violating licensing or tax laws, please visit CDTFA's Report Suspected Violations webpage or call CDTFA at 1-888-334-3300.

As explained in this California Department of Justice (DOJ) Information Bulletin, state and local law enforcement agencies are authorized to enforce the state's restrictions on flavored tobacco products and tobacco product flavor enhancers. The UTL aims to assist in providing a resource for these agencies in their enforcement operations. DOJ's enforcement priority will continue to be focused on "obviously flavored" tobacco products and tobacco product flavor enhancers. For tobacco products that are not included in the initial publication of the UTL and are not obviously flavored (including hand-rolled leaf cigars), DOJ intends to initially focus on providing manufacturers with education on the statutory requirements and registration process, rather than taking immediate enforcement action.

In 2020, Senate Bill 793 (Hill, 2020) banned flavored tobacco products (subject to certain exceptions) and tobacco product flavor enhancers in California. AB 3218, which went into effect on January 1, 2025, amended the flavor ban by expanding the definition of flavored products, expanding enforcement power, and creating the UTL. The Attorney General's Office issued emergency regulations to implement AB 3218, in part, by describing how tobacco manufacturers and importers of unflavored tobacco products may apply for the placement of their products on the UTL and what information those manufacturers and importers must provide. 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.

Questions regarding registration and submissions can be directed to [email protected].