California is cracking down on flavored tobacco products with the recent passage of AB 3218 and SB 1230, signed into law by Governor Gavin Newsom in September 2024. These new laws close existing loopholes in the state’s flavored tobacco ban, making it harder for tobacco companies to sell products that mimic menthol or other cooling sensations.
The Rise of Flavored Vapes and Their Impact
Flavored vape products have dominated the market, particularly among younger consumers. For example, brands like Flum have seen widespread popularity in California but have struggled to gain similar traction in other states. On the other hand, Geek Bar Pulse and Lost Mary have become nationwide favorites, with strong sales across multiple regions.
The new laws directly target flavored products like those from Flum and Lost Mary, making it nearly impossible to buy them in California moving forward. With the updated definition of "characterizing flavor," the state has expanded its ban to include any products with cooling sensations, such as those often found in menthol or mint vapes.
Strengthened Enforcement and Compliance
Under AB 3218, the California Attorney General is required to create an Unflavored Tobacco List to help clarify which products can be sold legally in the state. Any product not included on this list will be deemed illegal, simplifying enforcement for state officials. Additionally, SB 1230 grants the California Department of Tax and Fee Administration the power to seize illegal flavored tobacco products during routine inspections
Protecting Youth from Flavored Vapes
California's new laws aim to protect young people from nicotine addiction, as research shows that flavored vapes are particularly attractive to teenagers. Approximately 90% of young vape users prefer flavored products, which are often marketed with fruity, candy-like flavors
. By restricting access to these products, California hopes to reduce youth tobacco use and improve public health.
What’s Next for California?
With these laws set to go into effect on January 1, 2025, California will continue to be a leader in public health by cracking down on flavored tobacco. As these laws make it more difficult for brands like Flum, Geek Bar Pulse, and Lost Mary to operate in the state, the industry will likely see significant shifts both locally and nationwide.
You can read more about these new laws and their implications here.