How did California end the sale of flavored tobacco?

On November 8, 2022, California voters upheld Senate Bill (SB) 793 by voting “Yes” on Proposition (Prop) 31, which prevents retailers from selling most flavored tobacco products, including menthol cigarettes and vapes.1 Notably, the law is focused on retailers who sell flavored tobacco products and does not penalize or criminalize an individual for purchasing, using, or possessing a flavored tobacco product.

Retailers will no longer be allowed to sell the following tobacco products in California:

• Flavored e-cigarettes and vapes
• Flavored e-juice, pods, and cartridges
• Menthol cigarettes
• Flavored little cigars and cigarillos
• Flavored smokeless tobacco products
• Flavored blunt wraps
• Flavored loose-leaf roll-your-own tobacco
• Flavored tobacco rolling papers
• Tobacco product flavor enhancers

The new law stops Big Tobacco from preying on and profiting off of kids and other targeted communities with their flavored tobacco products.

How does California’s new flavored tobacco law address youth vaping?

California’s flavored tobacco sales ban eliminates Big Tobacco’s main method of addicting a new generation to nicotine. A staggering 96 percent of California kids who vape use flavored vapes – and once they’re addicted it becomes a lifelong struggle. Kid-friendly flavors mask the harsh taste and high nicotine content of these products.

Many of the most popular vapes use nicotine salts which deliver a highly concentrated form of nicotine that causes less irritation.5 Nicotine is as addictive as heroin and rewires the brain to crave it.

Vaping is so addictive that young people start vaping more and more – resulting in serious damage to the brain and body. Teens who vape are also three times more likely to become daily cigarette smokers.

California youth should grow up without Big Tobacco poisoning their minds and bodies. For more information on the teen vaping epidemic, visit www.FlavorsHookKids.org.

Download a Parent Guide with resources to help if your teen is addicted to vaping.

Does California’s new flavored tobacco law criminalize people who use tobacco?

No, the new law does not penalize or criminalize an individual for purchasing or using flavored tobacco products.18 The law focuses on retailers, prohibiting them from selling most flavored tobacco products, including menthol cigarettes and vapes.

For years, many lawmakers have passed policies that focused on penalizing people who use tobacco, particularly kids, believing it would be a deterrent.19 That has not been the case. In fact, those laws held tragic and unintended consequences, especially for communities of color.20 They have been ineffective and dangerous. Enforcement of the new flavored tobacco law leaves private citizens out of the equation, thereby avoiding potential for over-policing and criminalization that has disproportionately affected certain communities.21 22

California’s flavored tobacco law does not apply to these tobacco products:

• Flavored shisha/hookah tobacco sold in stores that only admit people 21 or older
• Flavored premium cigars over $12
• Flavored loose-leaf pipe tobacco

IMPORTANT: California’s new flavored tobacco law allows for local jurisdictions to continue to pass more restrictive laws that prohibit sales of all flavored tobacco pro ducts not included in the state law.  If you would like to connect with others in your county to pass stricter laws without the above exemptions, contact your county's tobacco control program here: My County Tobacco Prevention Program.

Start your quitting journey today

Quitting tobacco is a long journey and can take several attempts before quitting for goodKick It California has a personalized quit program designed for a person’s own circumstances and challenges as they begin or continue their journey to quit tobacco products.

For free quit help:

• Call 800-300-8086.
• Text “I Can Quit” to 66819 to quit vapes, or “Kick Tobacco” to 66819 to quit cigarettes.
• Chat with a Quit Coach now to quit tobacco.
• Visit KickItCA.org to get resources or download the mobile app.

How this new law affects your community: https://www.undo.org/exposed/ca-flavor-tobacco-law-explained