New California Legislation: Restrictions on Flavored E-cigarettes and Nicotine Pouches
Custom Nicotine Pouches
New California Legislation: Restrictions on Flavored E-cigarettes and Nicotine Pouches
California has passed two new laws imposing stricter restrictions on the sale of e-cigarette products and nicotine pouches:
- The sale of non-menthol flavored e-cigarettes and nicotine analogs similar to Metatine is prohibited.
- Online sales of flavored e-cigarettes and oral pouches are prohibited.
Bills AB 3218 and SB 1230 were passed by the state legislature in August and signed by Governor Gavin Newsom in September, set to take effect on January 1, 2025.
Key details of the bills include：
- Expanding the definition of nicotine to include synthetic nicotine and nicotine analogs (such as Metatine and Nicotine).
- Expanding the definition of “characteristic flavor” to include synthetic flavorings.
- Creating a “non-flavored tobacco product list,” where products on the list are legal, but those not on the list are prohibited from sale in California, including online sales.
- Granting the state attorney general the authority to exclude any e-cigarette products not authorized by the FDA.
- Granting state and local law enforcement the authority to seize non-compliant products and impose on-the-spot fines for each seized item.
- Fines for violations range from $2,000 to $50,000.
The bills do not include cannabis and shisha products.
Retailers selling products not on the list will become direct targets of law enforcement.
These laws are considered the first state laws in the U.S. targeting nicotine analogs and are expected to trigger large-scale black market activities in California, including legitimate retailers willing to take risks and new informal sellers operating through social media websites and local sales groups.
Conclusion：
The introduction of these new laws in California represents a significant shift in the regulation of flavored e-cigarettes and nicotine pouches, marking the first time a U.S. state has specifically targeted nicotine analogs. These measures aim to curb access to potentially harmful products and regulate synthetic flavors, aligning with broader public health goals. However, as the state tightens its grip on these markets, there are concerns about unintended consequences, such as the rise of black market activities. This could involve both established retailers taking risks and new sellers operating informally. The success of this legislation will depend on effective enforcement and ongoing evaluation to balance public safety with market realities. As the January 2025 implementation date approaches, stakeholders will need to adapt to this evolving regulatory landscape.
