California Officially Approves “Unflavored Tobacco List” Regulation; Products Not Listed Will Be Banned from Sale

Key Points

• Approving Authority: California Office of Administrative Law (OAL).
• Regulation Sponsor: California Department of Justice (DOJ).
• Regulatory Content: Establishes the application process, listing of products, and oversight of the UTL.
• Effective Period: Effective August 25, 2025, expires February 24, 2026.
• Compliance Requirement: DOJ must submit a Certificate of Compliance by February 23, 2026.
• Significance: Ensures effective enforcement of California’s flavored tobacco ban and strengthens market supervision.

2Firsts, August 28, 2025 —— According to the approval letter issued by the California Office of Administrative Law (OAL) on August 25, the California Department of Justice (DOJ) has officially secured approval for its emergency regulation establishing the management framework of the Unflavored Tobacco List (UTL).

The emergency regulation stipulates that the DOJ will be responsible for receiving and reviewing applications from companies, listing qualifying products on the UTL, and carrying out ongoing maintenance and enforcement of the list. The list must be finalized no later than December 31, 2025.

According to the OAL’s approval letter, the regulation falls under the authority of California Government Code Sections 11346.1 and 11349.6. The regulation became effective on August 25, 2025, and will expire on February 24, 2026. The DOJ is required to submit a Certificate of Compliance by February 23, 2026, to allow the rule to continue in force.

The approval letter was signed by OAL attorney Ashita Mohandas, on behalf of OAL Director Kenneth J. Pogue, and copied to California Attorney General Rob Bonta.

Draft Provisions

Scope and Objectives

The draft applies to all categories of tobacco and nicotine products, including cigarettes, cigars, heated tobacco products, e-cigarette devices and e-liquids, smokeless tobacco, and nicotine pouches.

The UTL will become the only legal sales registry in California. Retailers may only sell products included on the list.

Definition of Characterizing Flavor

While the regulation does not provide a detailed classification, under California Health & Safety Code §104559.5 (2024), a “characterizing flavor” is defined as any taste or aroma, other than tobacco, that can be identified by a consumer before or during consumption, including but not limited to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, menthol, mint, wintergreen, herbs, or spices, as well as cooling sensations.

Visuals, marketing language, or imagery such as fruit icons or dessert-themed names may also be considered violations.

Application Process and Information Requirements

Applications must be submitted online through a dedicated portal by a Certifying User authorized to make legal declarations.

Required information includes: brand name, sub-brand, product category, packaging design files or high-resolution photos, ingredient information, nicotine source and concentration.

For e-cigarette products, applicants must also disclose device type, whether it contains a lithium-ion battery and its capacity, and whether the device is open or closed system.

All products must submit a physical sample of the largest retail package for inspection.

FDA Approval Status and State Eligibility

Most new tobacco products (especially e-cigarettes) must comply with FDA’s Premarket Tobacco Product Application (PMTA), Substantial Equivalence (SE), or exemption pathways.

Transitional provisions: products marketed before key dates and currently under FDA review may be temporarily listed.

If an FDA application is denied and not overturned, delayed, or stayed by a court, the product will be removed from the list.

Variant Management

Products with the same formulation but differing in packaging, quantity, language, or promotional format may apply through a simplified Variant Form.

For multi-pack products containing electronic devices, applicants must provide device model, type, and battery details to prevent regulatory evasion.

Timeline and Fees

Initial deadline: September 1, 2025, or 45 days after the regulation takes effect (whichever is later).

First list publication: no later than December 31, 2025.

Application fees: US$300 per product; US$150 per variant; annual renewal fee US$150.

Renewals must be submitted between April 1–15 each year; late renewals may result in removal after June 30.

Enforcement and Removal Mechanism

The Attorney General may require additional materials at any time, including sensory testing or marketing evidence.

If a product is found to contain a characterizing flavor, loses FDA eligibility, or provides false information, removal proceedings will be initiated and publicly announced.

Retail sale of products not included on the UTL will be subject to civil penalties or litigation.