Golden State Today

California Attorney General Rob Bonta has issued guidance to assist businesses in adhering to the new flavored tobacco enforcement law, which will take effect on January 1, 2025. Assembly Bill (AB) 3218 aims to enhance the implementation of the flavored tobacco ban initiated by Senate Bill (SB) 793 in 2019. The new legislation introduces additional enforcement measures from the Attorney General's office and establishes a list of permissible unflavored tobacco products allowed for sale in California.

Attorney General Bonta emphasized the importance of collective efforts to combat illicit access to flavored tobacco products among young people. "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. He added that the law would equip his office with necessary tools and support for holding accountable those responsible for illegal sales while aiding sellers in complying with legal obligations.

The issue of youth usage of flavored tobacco remains significant, particularly among middle school students. These products are marketed by tobacco companies with high nicotine content and come in various kid-friendly flavors.

Key components of AB 3218 include:

- Establishing a publicly available list of all unflavored tobacco products permitted under state restrictions.

- Authorizing civil penalties against sellers offering products not listed as unflavored.

- Allowing seizure of non-compliant products by state or local law enforcement agencies.

- Revising the definition of prohibited "characterizing flavor" to encompass menthol-like cooling sensations and other distinguishable flavors.

Further details can be found in bulletins provided online.