California Finalizes “Unflavored Tobacco List” Rules

California is moving forward with its plan to establish an official list of approved tobacco products that can be legally sold in the state. The Office of Administrative Law has approved the draft regulations for the California Unflavored Tobacco List (UTL), which will be enforced by the state Attorney General’s office starting January 1, 2026.

This new requirement stems from the state’s 2020 law that outlawed the sale of most flavored tobacco and vaping products. To be included on the UTL, manufacturers must now apply and certify that their products do not have a characterizing flavor other than tobacco. The application process requires:

• A $300 application fee for the first year, with a $150 annual renewal fee.
• Submission of a product sample to the Attorney General’s office.
• Basic product details (e.g., size, weight, quantity).
• Disclosure of any decisions by other governments regarding the product’s flavor status.

Companies have until early October to submit their applications to be included in the initial UTL. The state has not guaranteed that applications submitted after this 45-day window will be processed before the December 31 deadline. Crucially, as of January 1, 2026, any tobacco or vape product not on the UTL will be illegal to sell to consumers in California. The state has not yet provided guidance on a grace period for retailers with existing non-compliant inventory.

This rule also applies to out-of-state retailers shipping to California addresses. The new system could create delays for new unflavored products entering the California market, as the state has up to 90 days to reply to applications. Despite objections from cigar trade groups, the final rule was approved without changes from the draft proposal.

• Read more: Vaping Laws in California – Is it Legal to Vape in California?
• News press: State of California Office of Administrative Law

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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