Unflavored Tobacco List Regulations (Assembly Bill 3218) – What You Need to Know
Read a definitive summary of the new UTL Regulations.
Overview of California’s Flavored Tobacco Ban
In 2020, Senate Bill 793 banned the sale of flavored tobacco products (with limited exceptions) and tobacco flavor enhancers in California.
On January 1, 2025, Assembly Bill 3218 took effect, expanding on SB 793 by creating the Unflavored Tobacco List (UTL)—an official list of tobacco products that are legally recognized as unflavored.
- Any product not listed on the UTL will be considered unlawful.
- Such products may be seized, and retailers can face civil penalties from the Attorney General, the California Department of Public Health, and state or local law enforcement.
Current Status of the Unflavored Tobacco List (UTL)
The California Department of Justice (DOJ) is responsible for creating and maintaining the UTL.
- August 6, 2025: DOJ released draft regulations.
Supporting documents: - August 14, 2025: DOJ filed its emergency rulemaking package with the Office of Administrative Law (OAL). You can locate the filing by searching for “2025-0814-01E” on the OAL website.
- August 25, 2025: OAL starts the time clock, and Manufacturers and Importers have 45 days to submit:
- An Unflavored Tobacco List Application
- A list of their Brand Styles - Submissions must be made through the DOJ’s online portal.
- October 9, 2025, the initial UTL submission period closes. All applications, brand style/ variant applications, and samples must be submitted by this date.
- The first official UTL will be published no later than December 31, 2025.
- Late applications: Submissions after the deadline will not be reviewed until March 31, 2026. Beyond that, the only referenced update date is July 1, 2026, with no clear schedule for future updates.
Industry Trade Group Responses
Cigar Association of America (CAA):
- Comment Submission
Cigar Rights of America:
- Official Statement
- Comment Submission
Premium Cigar Association (PCA):
- Official Statement
- Comment Submission
What Tobacco Retailers Must Know
The rollout of the UTL is certain—there will be no delays. California has been preparing this enforcement system since 2020. Previous legal challenges to SB 793 have already been exhausted, with courts consistently upholding the ban.
Key Points for Retail Tobacconists
1. Flavored tobacco is already illegal. If you still have flavored products, remove and dispose of them immediately.
2. The UTL will be released by December 31, 2025.
3. Only products listed on the UTL will be legal to sell in California.
4. Retailers selling unlisted products risk:
- Product seizure
- Civil fines
- Possible loss of their Tobacco License(s) after multiple violations
Frequently Asked Questions
1. Does the $12 wholesale price exemption apply to both flavored and unflavored premium cigars?
Answer: Yes. The flavor ban does not apply to premium cigars—whether flavored or unflavored—with a wholesale price (the retailer’s purchase price, including the California tobacco excise tax) of $12 or more (HSC 104559.5).
2. Does the $12 wholesale price include distributor markup and excise taxes?
Answer: Yes. A retailer’s wholesale price is the purchase price paid to a wholesaler or distributor, which includes California tobacco excise taxes and typically the seller’s markup. Retailers cannot possess or purchase untaxed tobacco products. Any untaxed products found at a retail location are subject to seizure (BPC 22974.3(b)).
3. What should retailers do with unflavored premium cigars not listed on the UTL?
Answer: Retailers must remove from their shelves any unflavored tobacco products not listed on the Unflavored Tobacco List (UTL) once it is published. The California Attorney General is required to publish the UTL no later than December 31, 2025 (HSC 104559.1(m)). Products not on the UTL may be seized by CDTFA or law enforcement. Retailers may contact their vendors to determine if these products can be returned for a refund. Distributors may also request a refund of the excise tax they reported and paid to CDTFA on returned products.
Important Reminder
Many Manufacturers and their sales representatives may not fully understand—or may be ignoring—the UTL requirements. Retailers should confirm whether their Manufacturers/ suppliers plan to submit products for UTL inclusion.
For additional questions, contact: .
Together with planning and awareness, retailers can adapt to these new regulations.
Updated: October 2, 2025