California vape ban beginning Jan 1, 2025 will remove access to all flavored vaping products currently available through retail and online platforms. But what does this mean for consumers?
Two new laws were put in place to restrict the use and sales of vapes in California. These laws, AB 3218 and SB 1230, will not have a positive impact on public health. Instead, it seems as though the law is taking a few steps in the wrong direction, even as health concerns like teen vaping decreased to its lowest levels in the last decade.
And lest we forget the EVALI lung disease. Initially, the public was led to believe that this came from e-cigarettes, but eventually, it was traced back to cannabis cartridges that incorporated E acetate in their e-liquid.
California Vape Ban 2024 Update
New California Flavor Ban Laws
Passing these two new laws is the equivalent of outright banning the most popular vape products adult vapor consumers use. Unfortunately, the purpose of these laws seems more focused on putting abstinence policies in place and encouraging a public health crisis down the line.
Rather than limiting the use of nicotine products, the California vape flavor ban will prohibit the sale of flavored e-cigarettes with nicotine. However, these laws take it a step further to expand the definition of nicotine to include various nicotine analogs, including 6-methyl. Thus, we can expect various nicotine products including but not limited to Metative found in Spree Bar e-cigarettes to be impacted by these laws.
Furthermore, the California Department of Tax and Fee Administration will now have the power to seize vape and flavored tobacco products while performing routine inspections. With this new law set to ban flavored vapes from the market by the end of 2024, it’s crucial for consumers to stock up before it’s too late.
Here’s a bit more about the two new laws that will remove flavored nicotine alternatives from the market and keep responsible adults from accessing them:
AB 3218
Assembly Bill No. 3218, recently enacted in California, seeks to regulate the sale of flavored tobacco products by establishing an "Unflavored Tobacco List" (UTL). This legislation requires all tobacco manufacturers to submit product details to the Attorney General, including any characterizing flavors. While the intent is to curb youth access to flavored tobacco, the bill presents significant challenges for consumers and those in the flavored nicotine vape industry.
Key Concerns Regarding AB 3218:
- Unavailability of Flavored Products
- The bill prohibits selling any tobacco product not listed on the UTL. This could effectively ban popular flavored nicotine vapes from retail shelves, limiting choices for adult consumers who prefer these products to reduce smoking.
- Impact on Small Businesses
- The increased regulatory burden could drive smaller manufacturers out of the market, further restricting consumer options.
SB 1230:
While SB 1230 aims to protect public health and curb youth tobacco use through strict enforcement and penalties, it may inadvertently restrict access to flavored nicotine products for adult consumers. The stricter regulatory environment could result in reduced options in the market. This has the potential to push consumers toward unregulated sources that pose higher health risks.
As the bill takes effect, consumers will need to navigate a rapidly changing landscape for flavored tobacco products in California. Ultimately, everyone will have to adapt to new limitations on availability and pricing.
For consumers, the implications are significant. Flavored nicotine products that many rely on could become increasingly difficult to find or entirely unavailable in California.
But the bill also escalates civil penalties for selling tobacco products to individuals under 21.
Fines range from $1,000 for a first offense to $20,000 for multiple offenses within a five-year period. This enhanced penalty structure places greater financial pressure on retailers, which may lead to higher prices for consumers.
Key Provisions of SB 1230:
- Seizure of Flavored Tobacco Products
- State authorities are authorized to seize flavored tobacco products from retailers found in violation of existing laws. Once seized, these products will be considered forfeited and destroyed, further limiting consumer access to flavored options.
- Addressing Illegal Sales
- The act targets illegal sales, particularly those occurring online or through unregulated channels. However, past flavored tobacco bans have shown a notable increase in illegal sales, raising questions about the effectiveness of such measures.
California Vape Ban 2025 List
If you’re a consumer, you’re likely wondering what the California vape ban in 2025 list will include. Here’s the list of flavored tobacco products that are to be removed from shelves:
- Flavored e-cigarettes or vapes responsible for delivering nicotine or other vaporized liquid, e-juice, pods, or cartridges
- Menthol cigarettes
- Flavored little cigars and cigarillos
- Flavored smokeless tobacco products
- Flavored blunt wraps
- Flavored loose-leaf roll-your-own tobacco
- Flavored tobacco rolling papers
- Tobacco product flavor enhancers
However, equally important to note is that this law doesn’t affect the following products:
- Flavored premium cigars with a wholesale price of $12 or more
- Flavored loose-leaf pipe tobacco
- Flavored shisha/hookah tobacco may only be sold in licensed stores that only allow people 21 or older on the premises at any time.
California Vape Ban Loophole
The California vape ban loophole may have played a role in the new bills. Teenagers still had access to these products, primarily due to fake IDs, black market sellers, and lack of policing.
The confusion compounds with state bans and local cities and counties implementing more restrictive laws. For instance, some cities have different definitions of sweet versus flavored tobacco products.
Some products are legal in some areas while other areas have banned them entirely. It becomes retailers’ responsibility to stay informed on these laws as the health department has played a minimal role in monitoring the confusion. Shop operators claim they don’t receive guidance, letters, or visits from enforcement agencies, further compounding the confusion.
Cali Vape Ban FAQ
Does California Still Sell Disposable Vapes?
California still sells disposable vapes despite passing a bill in 2020 to restrict the sale of flavored tobacco products in brick-and-mortar stores. Then, on December 21, 2022, California passed SB 793, prohibiting the sale of most flavored tobacco products to people of all ages. This includes disposable vapes.
Are Flavored Vapes Banned in California?
The sale of flavored vapes are banned in California for brick-and-mortar shops. However, these devices can still be purchased online.
Can You Buy Vape Juice in California?
You can’t buy vape juice in California unless you purchase it online. This is because of California’s Flavored Tobacco Products Retail Law that was passed towards the end of 2022. The law prohibits all flavored vaping products, making California one of the strictest places in the United States for vapers.
Buying Vape Juice Online in California
Vape juice accessibility in California is crucial for consumers who rely on these products for various reasons, including harm reduction and personal preference. Many adult vapers use flavored vape juices as a way to transition away from traditional cigarettes; they find satisfaction in the diverse range of flavors that help them manage their cravings.
We want to ensure that vape juice remains accessible. This is why we support individual choices and public health initiatives aimed at reducing smoking rates.
We believe a well-regulated market for vape products fosters safety and quality control. It ensures that consumers have access to reliable and tested options. This is particularly important in the face of potential bans or restrictions that could drive consumers toward unregulated sources, which tend to pose significant health risks.
Ultimately, maintaining accessibility to vape juice empowers consumers to make informed decisions about their preferences. But it also promotes a safer, healthier alternative to smoking. As we navigate the complexities of tobacco regulation, we need to prioritize the needs and rights of adult consumers to ensure they have the choices they deserve.
What Can You Do?
At the moment, the best thing you can do is ensure your voice is heard locally. Speak out about these bills and the damage they’re doing, let your local representative know. Here’s who you can contact:
Governor
Gavin Newsom, State Capital, Suite 1773, Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
The Senate
Office of the Secretary
State Capitol, Room 3044
Sacramento, CA 95814
Phone: (916) 651-4171
The Assembly
Office of the Secretary
State Capitol, Room 3044
Sacramento, CA 95814
Phone: (916) 651-4171
Remember, vape flavor bans in California are an ongoing battle that poses serious public health risks. Existential threats to adult access for vape flavors will continue, but we must remain firm in our push to keep vape flavors legal.
If you’d like to donate to this cause, consider CASAA. You can help fund the court challenges to combat these bills meant to strip vape consumers of their freedom and accessibility.