CA Flavor Ban

SB-793 Is Officially Here

SB-793 was first signed into effect by Governor Newsom in 2020 before being placed on electoral ballots in California as Proposition 31 in November 2022.

What is SB-793?

In the election of November 2022, California voters determined whether SB-793 would go into effect. After Proposition 31 was approved it allowed SB-793 to be enforced state-wide. The bill focuses on retail environments and restricting the sale of flavored tobacco products, with exceptions. Flavored hookah, pipe tobacco, and premium cigars are still able to be sold in retail settings under SB-793.

  • SB-793 Went Into Effect December 21, 2022

    Once the law took effect, tobacco retailers in California would no longer be allowed to sell products prohibited under SB-793 and would need to remove this inventory from their shelves.

  • Retailers that do not Comply Receive a $250 Fine

    Local tobacco retailers are also subject to any local regulations in their jurisdiction that may prohibit the sales of additional products or impose more significant fines or penalties than the state law.

  • Flavored Tobacco Cannot Be Sold In Retail Stores or Vending Machines

    SB-793 prohibits a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale most flavored tobacco products, including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers.

  • SB-793 Covers Flavored Tobacco Products and Menthol Cigarettes

    Retailers will no longer be allowed to sell menthol cigarettes, flavored e-cigarettes, flavored vapes, flavored e-juice, flavored pods, flavored cartridges, tobacco product flavor enhancers, flavored little cigars, flavored cigarillos, flavored tobacco rolling papers, flavored loose-leaf roll-your-own tobacco, flavored smokeless tobacco products, and flavored blunt wraps.

Updates to the Flavor Ban

  • Bill SB 1230 & Bill AB 3218

    On September 31, California passed two bills regarding tobacco. Bill SB 1230 will require manufacturers to submit a list of Unflavored Tobacco (tobacco products that lack flavor) to the Attorney General while also reclassifying tobacco products with a cooling sensation into a characterizing flavor and preventing them from being added to the Unflavored Tobacco list for approval. Bill AB 3218 will grant authorization to the CDTFA (CA Department of Tax and Fee Administration) to seize illegal tobacco products. Products would be allowed to be seized from tobacco retailers, or retailer agents or employees that are attempting to sell products or possessing products with the intention to sell. Penalties would also be increased for tobacco products being sold to anyone under 21 years of age. Both bills will go into effect in 2025.

Resources for Retailers

Resources to Quit Vaping