California Bill Seeks to Create Registered List of Allowed Tobacco Products

A bill introduced by California Assembly Speaker pro Tempore Jim Wood, D-Healdsburg, seeks to enhance enforcement of the state’s recently enacted ban on the sale of most flavored tobacco products, notably by forcing the state’s Attorney General to create a list of products allowed to be sold in the state.

Wood believes AB 3218 would make it easier for those in the tobacco industry as well as law enforcement to identify what products can be legally sold, as well as create a civil penalty system for distributors who sell products not on the list, as well as manufacturers that falsely certify their products to the Attorney General that their products are not flavored.

As part of that, the Attorney General would be empowered to omit from the list any product not authorized by FDA, and it would prohibit taxes from being paid on products not on the list, which would allow the products to be seized immediately.

The bill also clarifies what is considered a characterizing flavor, namely, products that offer cooling or numbing sensations.

AB 3218 is sponsored by California Attorney General Rob Bonta, who said that the bill will provide “my office, as well as other state and local enforcers, with the tools and support needed to hold accountable those responsible for illegal sales, and help sellers looking to meet their obligations come into full compliance with the law.”

The bill is currently awaiting its first committee hearing.