Attorney General Bonta’s Sponsored Bill Improving Implementation of Ban on Flavored Tobacco Products Signed into Law

Legislation provides authority to Attorney General's office to enforce penalties against noncompliant sellers

OAKLAND - California Attorney General Rob Bonta today issued a statement in response to Governor Gavin Newsom signing into law Assembly Bill (AB) 3218, which will help ensure the successful implementation of the flavored tobacco ban (SB 793, 2019). AB 3218 enacts new enforcement efforts from the Attorney General's office and the establishment of a list of all tobacco products that are permissibly unflavored and allowed to be sold in California. AB 3218 was authored by Assembly Speaker pro Tempore Jim Wood (D-Healdsburg), Assembly Speaker Robert Rivas (D-Salinas), and sponsored by Attorney General Bonta.

"California has been a leader in combatting the sale of addictive flavored tobacco products, and AB 3218 will further strengthen these efforts by providing new tools to protect the health of all Californians, particularly our youth, from the dangers of these harmful products," said Attorney General Bonta. "I am grateful to Governor Newsom, Speaker Rivas, and Assemblymember Wood for their leadership in holding the tobacco industry accountable for their actions targeting our youth. At the California Department of Justice, we will continue to use every tool at our disposal to ensure sellers across the state come into full compliance with the law."

"As a practicing dentist, I have forever opposed the use of tobacco of any kind, and will continue to support policies that restrict its use," said Assembly Speaker pro Tempore Jim Wood (D-Healdsburg). "Since my time on the Healdsburg City Council many years ago, I have successfully supported and passed measures to protect the health of Californians from the use of tobacco products, especially youth."

"We will always work to strengthen laws that protect California's young people from the harms of addictive flavored tobacco products," said Assembly Speaker Robert Rivas (D-Salinas). "I appreciate the Governor for signing this newest legislation, and thank Dr. Wood and the Attorney General for their leadership in keeping our children and teenagers safe and healthy."

"This bill will strengthen enforcement of California's landmark law prohibiting the sale of flavored tobacco products and further our goal to protect youth from a lifetime of addiction to nicotine, reduce consumption of tobacco and improve health," said Jamie Morgan, Senior Region Lead, State Government Relations at the American Heart Association. "We commend Attorney General Rob Bonta, Assemblymember Wood and Speaker Rivas for their leadership on this issue and dedication to getting these dangerous products out of the hands of our youth."

"We applaud Governor Newsom for signing these bills into law. We also applaud Attorney General Bonta, Speaker Rivas and Assemblymember Wood for their leadership in introducing this important legislation to strengthen enforcement of California's landmark law prohibiting the sale of flavored tobacco products," said Yolonda C. Richardson, President and CEO of the Campaign for Tobacco-Free Kids. "The measures signed today will crack down on tobacco industry efforts to evade the law so they can keep targeting kids, Black communities and other groups with illegal products. As California continues to lead the nation in fighting tobacco use, officials need every tool possible to counter the industry's relentless targeting of kids and hold bad actors responsible for their actions."

"We commend Governor Newsom for his continued commitment to protecting California's youth from the dangers of tobacco addiction," said Kesa Bruce, Director of Advocacy, American Lung Association, California. "By signing AB 3218 and SB 1230, the Governor has given our state the tools it needs to effectively enforce our flavored tobacco ban and remove these harmful products from our communities."

Tobacco companies make and market flavored tobacco products, which come with high nicotine content in a myriad of kid-friendly flavors, and that are widely available for purchase in stores and on the Internet. Young people are predominately the consumers of these products, and the usage among youth has increased rapidly in recent years, specifically among middle school students.

Effective January 1, 2025, AB 3218 will help ensure full compliance of the flavored tobacco ban by:

• Establishing a publicly available list of all tobacco products that are permissibly unflavored and allowed to be sold in California.
• Authorizing the Attorney General to seek civil penalties against sellers for selling products not appearing on the Unflavored List and to omit any tobacco products within the list lacking FDA authorization.
• Rendering products not appearing on the Unflavored List subject to seizure, aiding in enforcement efforts by state or local law enforcement agencies.
• Revising the definition of a prohibited "characterizing flavor" to specifically include products that impart menthol-like cooling sensations, as well as other flavors that are "distinguishable by an ordinary consumer."

Today's legislation builds on California's actions in combatting the illegal sale of flavored tobacco products that particularly targets our youth. In April, Attorney General Rob Bonta announced new funding available for local governments through the California Department of Justice's 2024-2025 Tobacco Grant Program, which aims to reduce the illegal sale of tobacco products by providing close to $28.5 million in grant funding to eligible local agencies.

The text of the legislation is available here.

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