California Products Not In Unflavored Tobacco List Can Not Be Sold

The California Department of Justice has officially released the “Unflavored Tobacco List”, and products not included in it can not be sold in the state

Quick overview of key points
1. List release: California has released the Unflavored Tobacco List (UTL), and products not on the list are not allowed to be sold in California.
2. Application deadline: The first batch of UTL applications will be submitted by October 9, 2025; The application submitted on schedule has received a response requesting approval, rejection, or supplementary materials.
3. Registration requirements: Unflavored tobacco products can be registered and applied for inclusion in UTL at any time through the website.
4. Enforcement and consequences: Products that are not registered and not included in UTL will face seizure and punishment; CDPH and CDTFA assume law enforcement responsibilities and establish reporting channels.

Detailed introduction of the law of California Unflavored Tobacco List

According to a press release on the official website of the California Department of Justice (DOJ), California Attorney General Rob Bonta announced the release of the first “Unflavored Tobacco List” (UTL) on December 31, 2025. This list lists odorless tobacco products that can be legally sold under California flavor tobacco restrictions. Any related tobacco products that do not appear on UTL will be considered flavor tobacco products and cannot be sold in California.

To be included in the first batch of UTL, tobacco manufacturers and importers need to submit a complete application before October 9, 2025. All applications submitted before October 9th have received responses to the UTL release on that day, including approval, rejection, or request for additional information.

The registration of odorless tobacco products can be completed at any time through the official website. Manufacturers and retailers are reminded that if products are not registered and included in UTL, they will continue to face confiscation and penalties from law enforcement agencies.
Bonta stated that with the release of the first UTL, tobacco manufacturers, importers, state and local law enforcement agencies, and the public will receive clear guidance on which odorless tobacco products can be legally sold in California.
The press release states that the California Department of Public Health (CDPH) bears the primary responsibility for enforcing the ban on California flavored tobacco.

In the Department of Justice Information Bulletin, state and local law enforcement agencies are authorized to enforce California’s restrictions on flavored tobacco products and tobacco product flavorings. UTL aims to provide resources for law enforcement actions by relevant agencies.

The enforcement focus of DOJ will continue to be on tobacco products and tobacco product flavor enhancers that are clearly flavored. For tobacco products that are not included in the first batch of UTL and are not clearly flavored (including hand rolled leaf cigars), DOJ stated that its initial focus will be on providing education to manufacturers on legal requirements and registration processes, rather than taking immediate enforcement action.

The UTL applies to two categories of tobacco products, subject to certain exemptions

• Tobacco & Nicotine Products: Any product containing or derived from tobacco or nicotine (including synthetic nicotine, nicotinic alkaloids, and nicotine analogs) intended for human consumption.
• Electronic Delivery Systems: Devices that deliver nicotine or vaporized liquids to the person inhaling from the device, such as e-cigarettes or vapes. Note: Devices sold without nicotine or liquid are not covered by the UTL.

The following products are exempt from California’s flavored tobacco restrictions and do not need to be listed on the UTL

• Shisha (Hookah): Tobacco smoked in a hookah or waterpipe, including maassel and narghile. Note: Flavored shisha is only partially exempt and may only be sold in licensed tobacco retailers that restrict entry to individuals aged 21 and older.
• Looseleaf Pipe Tobacco: Tobacco that is cut or shredded for pipes (usually sold in pouches). Note: Roll-your-own cigarette tobacco is NOT exempt.
• Premium Cigars: To qualify as “premium,” a cigar must: (a) be handmade (not mass-produced by mechanization); (b) have a wrapper made entirely of whole tobacco leaf; (c) be capped by hand; (c) have a wholesale price of at least $12; and (e) contain no filter, tip, or non-tobacco mouthpiece.

About Unflavored Tobacco list reference: Bill Text – AB-3218 Unflavored Tobacco List.

The promulgation of this law seems to be very detrimental to vape products. Because most of the current vape products have a fruity flavor. In terms of China’s vape market laws, there are indeed similarities with California’s Unflavored Tobacco List laws. I believe this will also bring more problems to Chinese vape manufacturers