Is California trying to get people back to smoking, as it seems? Starting January 1, 2025, California residents might just never be able to purchase flavored vapes, which literally means CA residents might as well stop vaping.

However, the intent of the laws is not to completely stop vaping but to strengthen the efficacy, and address the loopholes in the existing SB 793. Vape and flavored nicotine retailers selling in California must adhere to these new, stricter laws or face more adverse repercussions.

California Flavored Vape Ban: What You Must Know

The US state of California is set to implement new regulations on flavored tobacco products, including vapes, starting January 1, 2025. These measures, as reported, aim to strengthen existing State laws and close loopholes to reduce teens' and youths' access to flavored tobacco products.

You might want to think there was a public health crisis that led to this new legislation, but no, there was none of such. The new laws, AB935 and SB793, were not passed due to any health crises. It’s quite sad, as this may push a good number of CA residents back to smoking cigarettes –for a not-so-cool excuse of “reducing youth access to flavored tobacco and nicotine products.”

What Are The New Laws?

The laws are Assembly Bill 3218 (AB 3218) and Senate Bill 1230 (SB 1230), both were approved by the Governor.

AB 3218

The AB 3218 law aims to strengthen the current flavored tobacco ban by prohibiting the online sales of flavored tobacco products and aligning these sales restrictions with existing in-store regulations.

• Key Provisions:

This law eliminates a major loophole allowing flavored products to bypass the in-store ban through e-commerce platforms.

SB 1230

The SB 1230 law further fortifies the restrictions on the sales of tobacco products. It emerges as a framework for identifying and regulating tobacco products, including the establishment of an Unflavored Tobacco List (UTL).

• Key Provisions:

This law ensures stricter compliance by retailers and strengthens enforcement through increased penalties and clearer product definitions. Owing to this law, vape flavor manufacturers in California must submit a legally binding declaration that proves their products are unflavored, and any vapable product not included on this list will be considered illegal, and manufacturers and distributors face substantial penalties for non-compliance.

Combined Significance of the New CA Vape Ban Laws

Together, AB 3218 and SB 1230 close critical loopholes, apply a universal regulatory framework to all forms of nicotine and strengthen enforcement of existing laws in this regard. The legislators claim that these laws are enacted as measures to curb teen and youth access to flavored tobacco products and reduce the appeal of vaping.

Key Aspects of the 2025 California Vape Ban

Here are key points from the laws explained in detail.

1. Prohibition of Online Sales of Flavored Tobacco Products

Assembly Bill 3218 (AB 3218) extends the existing ban on flavored tobacco products to include online sales. This means that delivery sellers, such as online retailers, will be prohibited from selling flavored tobacco products to California consumers.

2. Establishment of the Unflavored Tobacco List (UTL)

The Attorney General is tasked with creating and maintaining a UTL by December 31, 2025. Only tobacco products certified as lacking characterizing flavors will be included on this list. Products not on the UTL will be considered flavored and, therefore, prohibited for sale in California.

3. Expanded Definition of Nicotine

The new laws expanded the definition of nicotine to encompass both naturally and synthetically derived nicotine, as well as nicotine analogs. This expansion ensures that products containing synthetic nicotine are subject to the same regulations as those with tobacco-derived nicotine.

4. Higher Penalties For Defaulters

The California Department of Public Health (CDPH) is delegated as the primary enforcement agency for these regulations. Penalties for non-compliance have been increased, with fines ranging from $400 for a first violation up to $6,000 for repeated violations within a five-year period. Additionally, the California Department of Tax and Fee Administration (CDTFA) may suspend or revoke the licenses of retailers who repeatedly violate the law.

5. Characterizing Flavors

The definition of “characterizing flavor” was expanded to include products that produce a cooling sensation, even if they do not contain traditional flavor additives like menthol. This change targets products that use synthetic cooling agents to mimic menthol sensations.

What Should You Do About This Ban if You're in California?

Pick Up Your Order in Las Vegas!

Planning a trip to Las Vegas? You can pick up your orders from MEMERS Vape while you’re here! It’s the perfect excuse to enjoy a fun getaway and grab your favorite products at the same time.

Stay ahead of the ban and make sure you’re stocked up on the vapes you love. We’re here to help you every step of the way!

Recommended Vapes for California Residents

From premium mods to flavorful disposables, you'll find exactly what you need to enjoy vaping even after the new laws go into effect.

Final Thoughts

These new laws will certainly make many California residents go back to smoking or just stop both vaping and smoking, gradually. But then, some may purchase these products when they are outside the state and fly in with them –you can travel with a vape on most domestic airlines.