California’s regulations regarding tobacco and nicotine products have become significantly stricter since 2020, altering the availability of many items in local stores and online. Products like mint pods, menthol cigarettes, and flavored vapes and pouches have increasingly become difficult to find.
The statewide prohibition on most flavored tobacco and nicotine products began with Senate Bill 793, enacted in 2020. Voters later upheld this law in November 2022 through Proposition 31. Building on this foundation, Governor Newsom signed additional legislation in 2024, aimed at addressing perceived gaps in the original law and strengthening enforcement across the state.
Effective January 2025, California will establish an Unflavored Tobacco List. This list will identify precisely which products are legal for sale, treating any product not included as a prohibited flavored item.
Many California residents may find the definition of “flavored” under state law broader than anticipated. It extends beyond obvious items such as mango vapes, watermelon pouches, or candy-flavored tobacco products. The updated definition now includes products that generate a cooling sensation, even if they do not contain menthol. Products marketed with terms like “chill,” “ice,” or “cool” that utilize synthetic cooling agents are also now prohibited. Consequently, menthol cigarettes, flavored vape products, and most flavored nicotine pouches are no longer legally sold in California.
Adult consumers in California generally have access only to unflavored products and a narrow category of certified tobacco-flavored products that appear on the Attorney General’s approved list.
The same stringent regulations now apply to online sales. Previously, consumers could often purchase these products online from retailers outside California. This option has since been closed. Online delivery sellers, including Northerner.com, are required to comply with all applicable state laws and local ordinances that restrict retail tobacco sales. This means that if a product cannot be sold at a store in Orange County, it cannot legally be shipped to an Orange County address either. Some online retailers are implementing compliance systems specifically for California, including product-level controls designed to block restricted items from being sold or shipped into the state.
The California Department of Tax and Fee Administration now possesses the authority to seize prohibited products during inspections. Officials indicate that the law is firmly in place, and California’s more aggressive enforcement posture is also set to continue.
