State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Date: February 19, 2026
In 2020, Senate Bill 793 banned flavored tobacco products (subject to certain exceptions) and tobacco product flavor enhancers in California. (Health & Saf. Code, § 104559.5.) Assembly Bill 3218, which went into effect on January 1, 2025, amended the flavor ban put in place by Senate Bill 793 and expanded on it. (Bus. & Prof. Code, §§ 22978.3, 22980, 22990; Health & Saf. Code, §§ 104559.1, 104559.5; Rev. & Tax. Code, § 30101.7.) It established the Unflavored Tobacco List (UTL), a list of covered tobacco products that are permissibly unflavored under the law. (Health & Saf. Code, § 104559.1, subd. (a).) Products not appearing on the list will be subject to seizure, and the Attorney General, the California Department of Public Health, and state and local law enforcement agencies are authorized to seek civil penalties against retailers of products not appearing on the list. (Health & Saf. Code, §§ 104559.1, subd. (g), 104559.5, subd. (b)(1); Bus. & Prof. Code, § 22974.2, subd. (a).) Assembly Bill 3218 requires the Attorney General to establish and maintain the UTL on or before December 31, 2025. (Health & Saf. Code, § 104559.1, subd. (m)).
The proposed regulations implement Assembly Bill 3218, in part, by describing how manufacturers and importers of unflavored tobacco products may apply for the placement of their products on the UTL, what information those manufacturers and importers must provide, and the timing for applications and responses. The proposed regulations also establish fees for initial and renewed placement on the list, and describe how civil penalties against distributors, wholesalers, and delivery sellers of products not appearing on the UTL may be assessed and appealed.
The Legislature authorized the Department to promulgate emergency regulations to implement Assembly Bill 3218. (Health & Saf. Code, § 104559.1, subd. (q).). On August 25, 2025, the Office of Administrative Law (OAL) approved the Department’s first emergency action regarding Assembly Bill 3218, and the emergency regulations became effective on August 25, 2025, at sections 942 through 957 of Title 11, Division 1, Chapter 11, of the California Code of Regulations. The emergency regulations were set to expire on February 24, 2026, unless readopted. On February 18, 2026, OAL approved the Department’s emergency action to readopt the emergency regulations for an additional 90-days. The emergency regulations will expire on May 27, 2026.
On November 7, 2025, the Department published a Notice of Proposed Rulemaking to adopt permanent regulations concerning Assembly Bill 3218 by regular rulemaking. The Department has considered comments received and proposes to adopt sections 942 through 957 of Title 11, Division 1, Chapter 11, of the California Code of Regulations, as revised in the Modified Text of Proposed Regulations. The Notice of Modification and Modified Text of Proposed Regulations are provided below.
November 7, 2025
The rulemaking is now undergoing a 15-day public comment period. Any person or their authorized representative may submit written comments by mail or email regarding the proposed regulatory action. The written comment period closes at 5:00 p.m. on March 9, 2026. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to the contact person listed below.
Department of Justice
Taylor Ann Whittemore
1515 Clay Street, P.O. Box 70550
Oakland, CA 94612
E-mail: UTLregulations@doj.ca.gov
The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement will also be posted to this webpage upon completion of this rulemaking.
NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.