Beginning January 1, 2025, the California Department of Tax and Fee Administration (CDTFA) may seize flavored cigarettes, tobacco products, and flavor enhancers from retailers and wholesalers.
Unflavored Tobacco List
The California Office of the Attorney General must establish and publish a list of unflavored cigarettes and tobacco products, known as the Unflavored Tobacco List (UTL), on its website by December 31, 2025. Any product not listed on the UTL, once posted, is considered a flavored product.
Retailers and wholesalers
CDTFA or a law enforcement agency may seize flavored tobacco products and tobacco product flavor enhancers that violate the flavored tobacco products ban (FTPB) or are not listed on the UTL.
Upon seizure, civil penalties will be imposed on retailers and wholesalers who possess, store, own, or have sold flavored cigarettes, tobacco products, or tobacco product flavor enhancers:
· 👉 First seizure: A civil penalty of $50 per individual package of seized product
· 👉 Second seizure: A cigarette and tobacco products license suspension and a civil penalty of $50 per individual package of seized product
· 👉 Third seizure: A cigarette and tobacco products license revocation and a civil penalty of $50 per individual package of seized product
Distributors and wholesalers
Distributors and wholesalers may not sell flavored cigarettes, tobacco products, or any tobacco product flavor enhancers to any retailer, wholesaler, or other person in California. We will impose the following civil penalties when we discover such sales:
· 👉 First offense: A warning notice
· 👉 Second offense: A cigarette and tobacco products license suspension
· 👉 Third offense: A cigarette and tobacco products license revocation
🚨 FOR ALL RETAILERS 🚨
· ❗ After 12/31/2024, any tobacco products with a "cooling sensation" will be considered a flavored tobacco product. Beginning 1/1/2025 remove and do NOT sell any tobacco products with a cooling sensation.
· ❗ To ensure you are in complete compliance with the new law, reach out to your tobacco manufacturer(s) and ask which products are prohibited after 12/31/24.
