California DOJ Advances Flavored Tobacco Enforcement With New Unflavored Tobacco List
The California DOJ issued Information Bulletin No. 2025-DLE-17 on November 10, 2025, providing an update on the state’s flavored tobacco enforcement. The Attorney General’s office is set to launch the Unflavored Tobacco List (UTL) by December 31, 2025, identifying tobacco products without characterizing flavors that may legally be sold in California. Enforcement will continue to focus on “obviously flavored” products, while unregistered products remain subject to seizure and penalties.
Key Points
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The Unflavored Tobacco List (UTL) will be published by December 31, 2025.
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It will help law enforcement identify legally permitted “unflavored” tobacco products.
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“Obviously flavored” products such as those named with fruit or menthol remain top enforcement targets.
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Unregistered products are subject to seizure and penalties under Business & Professions Code §§ 22974.2 and 22978.3.
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Regulations for mixed multi-pack products are expected by August 2026.
California Moves Forward With Creation of the Unflavored Tobacco List
November 17, 2025 — According to Information Bulletin No. 2025-DLE-17 issued by the California Department of Justice. The state is moving forward with the next phase of its flavored tobacco enforcement program: the creation of the Unflavored Tobacco List (UTL).
Legal Framework: California’s Flavored Tobacco Restrictions
California Health and Safety Code §104559.5 prohibits the retail sale of most flavored tobacco products and flavor enhancers. Under Assembly Bill 3218, the Attorney General must publish the UTL by December 31, 2025, pursuant to Health and Safety Code §104559.1.
The UTL will identify tobacco products that lack a characterizing flavor and are therefore legally sellable in California, functioning as an enforcement tool for state and local authorities.
Enforcement Priorities: “Obviously Flavored” Products
Upon publication of the UTL, the DOJ will continue prioritizing enforcement against “obviously flavored” tobacco products and flavor enhancers. This includes:
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Products with non-tobacco flavors, such as fruit or menthol, in their trade name.
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Products previously classified as “flavored” under Attorney General guidance.
Education and Outreach for Non-Listed, Non-Flavored Products
For tobacco products not appearing on the initial UTL and not clearly flavored, including hand-rolled cigars, the DOJ will emphasize:
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Manufacturer education
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Registration outreach
This approach avoids immediate enforcement while encouraging compliance. Registration for unflavored tobacco products can be completed at any time.
Seizure and Penalties for Unregistered Products
Manufacturers and retailers are reminded that products not registered and not included on the UTL remain subject to:
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Product seizure
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Penalties under the Business and Professions Code
This applies to all enforcement agencies throughout the state.
Upcoming Regulations for Mixed or Bundled Products
Additional regulations addressing mixed or bundled tobacco products, those containing both flavored and unflavored items, are expected by August 2026 and will be incorporated into future UTL rulemaking.
Enforcement Targeting Wholesalers, Online Sellers, and Unlicensed Operations
Wholesale operators continuing to sell obviously flavored tobacco products or flavor enhancers illegally will face enforcement actions. DOJ also announced enhanced enforcement against:
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Unlicensed sellers
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Online retailers
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Distributors supplying flavored products to unlicensed retailers
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Unlicensed tribal entities
