California DOJ publishes first-ever Unflavored Tobacco List; products not on the list are ineligible for sale

Key point

• UTL launch: California published the first Unflavored Tobacco List; products not on the list are ineligible for sale

• Application deadline: October 9, 2025 for initial UTL consideration; timely applications received decisions or information requests

• Ongoing registration: registration and submissions can be completed through https://utl.doj.ca.gov/user/login at any time

• Enforcement: unlisted products remain subject to seizure and penalties; CDPH has primary enforcement responsibility and CDTFA also enforces

• Legal framework: SB 793 (2020) banned flavored tobacco products; AB 3218 effective January 1, 2025 expanded definitions and enforcement and created the UTL

2Firsts, January 4, 2025 – According to a California Department of Justice press release, California Attorney General Rob Bonta 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. The release states that any covered tobacco product not appearing on the UTL is deemed a flavored tobacco product and ineligible for sale in California.

To be considered for the initial publication of the UTL, tobacco manufacturers and importers were required to submit completed applications by October 9, 2025. The release says applications submitted by that date were considered for the UTL published on Wednesday and received a response, whether an approval, denial, or a request for additional information. Registration of unflavored tobacco products may be completed at any time at https://utl.doj.ca.gov/user/login. The release warns manufacturers and retailers that, absent registration and inclusion on the UTL, such products are and will remain subject to seizure and penalties by enforcement agencies. The release notes that Attorney General Bonta sponsored Assembly Bill 3218 (Wood, 2024).

The release states that 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, the release provides the phone number 1-800-5-ASK-4-ID (800-527-5443) and the email OYTE@cdph.ca.gov. The California Department of Tax and Fee Administration (CDTFA) is also charged with enforcing the ban, and the release directs suspected violations to CDTFA’s Report Suspected Violations webpage or 1-888-334-3300.

As described in a DOJ Information Bulletin referenced in the release, state and local law enforcement agencies are authorized to enforce restrictions on flavored tobacco products and tobacco product flavor enhancers. The release says the UTL is intended to help provide a resource for these agencies. It adds that DOJ’s enforcement priority will continue to focus on “obviously flavored” tobacco products and tobacco product flavor enhancers, and that for products not included in the initial UTL publication and not obviously flavored (including hand-rolled leaf cigars), DOJ intends to initially focus on manufacturer education regarding statutory requirements and the registration process rather than immediate enforcement action.

The release states that in 2020, Senate Bill 793 (Hill, 2020) banned flavored tobacco products, subject to certain exceptions, and tobacco product flavor enhancers in California. It adds that AB 3218, effective January 1, 2025, amended the flavor ban by expanding the definition of flavored products, expanding enforcement power, and creating the UTL. The release states that the Attorney General’s Office issued emergency regulations describing how manufacturers and importers may apply for placement on the UTL and what information must be provided, establishing fees for initial and renewed placement, and describing 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 UTLInbox@doj.ca.gov, the release says.

Image source: California Department of Justice, DOJ