Advertisement
Advertise with us
sidenav

California Passes New Flavored Vape and Pouch Restrictions

Advertisement
Advertise with us

Two new California laws will further restrict the sale of vaping products and nicotine pouches in the state by banning non-menthol coolants, nicotine analogs like Metatine, and online sales of flavored vapes and pouches. 

California state bills AB 3218 and SB 1230 passed both houses of the State Legislature in August and were signed into law by Governor Gavin Newsom in September. The laws will take effect Jan. 1, 2025.

The new laws strengthen the state’s existing ban on flavored vapes and tobacco products, and add several new restrictions and additional enforcement powers. Here is a summary:

  • Changes the definition of nicotine to include synthetic nicotine and nicotine analogs like Metatine and Nixotine
  • Changes the definition of a characterizing flavor to include synthetic coolants
  • Creates a master “unflavored tobacco list” of legal products (to be published by the attorney general no later than Dec. 31, 2025). No product not on the list can be sold in California, including online. (This provision takes effect once the state list is published)
  • Empowers the attorney general to exclude from the list any vaping product not authorized by the FDA
  • Empowers state agencies and state and local law enforcement agencies to seize products that violate the law and impose on-the-spot fines for each seized item
  • Preserves the power of local governments to pass laws more restrictive than the state’s

The “unflavored tobacco list” concept is borrowed from the newly popular PMTA registry laws passed by several states. Those laws have been written by and lobbied for by Big Tobacco companies to protect their cigarettes and ineffective vapes from competition. 

To have products included on the California list, manufacturers must certify under penalty of perjury that they are unflavored. The attorney general is given broad authority to deny products from inclusion on the list, including any vaping product not on the FDA’slist of authorized products

Retailers selling any product not on the list would be instant targets for enforcement, which can be carried out by any state or local tax or law enforcement agency. Fines for violating the flavor ban rules range from $2,000 to $50,000.

The laws exempt cannabis and hookah products.

These are believed to be the first state laws to address nicotine analogs, which include both natural and synthetic substances that are chemically distinct from nicotine but mimic its effects.

The laws, cheered by tobacco control groups, will create a vast black market in the nation's most-populous state, including legitimate retailers willing to risk fines and new informal sellers operating from social media sites and local for-sale groups. They will also add to California’s existing cross-border cigarette smuggling problem.

Advertisement
Advertise with us
Latest Reviews
Article preview image
Freemax REXA PRO & REXA SMART Review: Too Smart?

The Freemax REXA PRO and REXA SMART are highly advanced pod vapes, offering seemingly endless features, beautiful touchscreens, and new DUOMAX pods.

Wed Jul 30 2025
Article preview image
OXVA XLIM Pro 2 DNA Review: A Match Made in Heaven!

The OXVA XLIM Pro 2 DNA is powered by a custom-made Evolv DNA chipset, offering a Replay function and dry hit protection. Read our review to find out more.

Fri Jul 18 2025
Article preview image
SKE Bar Review: A Reusable Crystal Bar!

The SKE Bar is a 2 mL replaceable pod vape with a 500 mAh battery, a 1.2-ohm mesh coil, and 35 flavors to choose from in 2% nicotine.

Mon Jul 7 2025
Advertisement
Advertise with us
Latest Learn
vaping taxes
Vaping Taxes in the United States and Around the World

Because of declining cigarette sales, state governments in the U.S. and countries around the world are looking to vapor products as a new source of tax revenue.

Thu Jul 31 2025
How Old Do You Have to Be to Vape?
How Old Do You Have to Be to Vape?

The legal age to buy e-cigarettes and other vaping products varies around the world. The United States recently changed the legal minimum sales age to 21.

Tue Jul 1 2025
Where vaping is banned or restricted
Vape Bans: E-Cigarette Restrictions in the U.S. and Worldwide

A list of vaping product flavor bans and online sales bans in the United States, and sales and possession bans in other countries.

Fri Jul 4 2025
About Authors
Jim McDonald
845 posts

Smokers created vaping for themselves without help from the tobacco industry or anti-tobacco crusaders, and I believe vapers and the vaping industry have the right to continue innovating to give everyone who wants to use nicotine access to safe and attractive non-combustible options. My goal is to provide clear, honest information about vaping and the challenges nicotine consumers face from lawmakers, regulators, and brokers of disinformation. You can find me on Twitter @whycherrywhy

See author’s profile
Vaping360.com strives to be the world's most trusted resource for vapers and smokers. We take pride in our editorial integrity, accuracy, and the honesty of our writers.
Read more about us

Rely on Our Expertise

At Vaping360, we take pride in our deep expertise and years of experience in the vaping industry. Our dedicated team of professionals is committed to leveraging their extensive knowledge to meet your needs and exceed your expectations.

Authenticity

Genuine insights backed by thorough and exhaustive research and testing.

Reliability

Consistent, accurate information from the vaping industry experts.

Empowerment

Transparent and reliable content for confident and informed decision-making.

About us

Our mission is clear: to help people who smoke transition to low-risk alternatives and contribute to a smoke-free world. With each article we publish and each review we conduct, we're working towards this goal.

about-us-banner
product preview