California Attorney General Issues Guidance to Enforce New Law to Help Businesses Comply with Tobacco Flavor Ban

Regulations by 2FIRSTS.ai
Dec.23.2024
California Attorney General Issues Guidance to Enforce New Law to Help Businesses Comply with Tobacco Flavor Ban
California Attorney General Rob Bonta issues guidance to enforce new law on flavored tobacco products, aiming to protect youth from addiction.

On December 20, the California Attorney General's Office announced that Attorney General Rob Bonta had issued guidance to assist businesses across the state in complying with the new law regarding flavored tobacco products.

 

According to the new law, starting January 1, 2025, Assembly Bill 3218 (AB 3218) will implement new enforcement measures based on the 2019 flavored tobacco ban (SB 793), to be overseen by the Office of the Attorney General, and establish a list of all flavorless tobacco products allowed for sale.

 

The Attorney General stated:

 

Flavored tobacco products continue to entice young children in our state to develop harmful addictions. This requires a collective effort, including state and local law enforcement officials, to address the issue of illegal access to these products. This new law will provide my office with the tools and support needed to hold responsible for illegal sales, and assist retailers who are willing to comply with the law.

 

Bill 3218 will ensure full compliance with the flavored tobacco ban through the following measures:

 

  • Establish a publicly available list containing all flavorless tobacco products allowed for sale under state flavor restrictions; 
  • Authorize the Attorney General to levy civil penalties for selling products not on the "flavorless list"; 
  • Seize products not on the "flavorless list" to assist state or local enforcement agencies in enforcement efforts; 
  • Revise the definition of prohibited "characterizing flavors" to specifically include mint-flavored products as well as other flavors that are "discernible to the general consumer.

 

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2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

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