California’s two new laws on vapes and nicotine pouches are the first in the US to address nicotine analogs. Photo credit: Ruslan Alekso, Pexels.
California introduced two new laws that will tighten regulations on vaping products and nicotine pouches, banning non-menthol coolants, nicotine analogs like metatine, and online sales of flavored vapes and pouches.
The state legislature passed bills AB 3218 and SB 1230 in August, with governor Gavin Newsom signing them into law in September. Set to take effect on January 1, 2025, the laws expand the state’s existing ban on flavored tobacco products and introduce additional restrictions and enforcement measures.
The new laws bring several significant changes to the state’s vaping and tobacco regulations. They expand the definition of nicotine to include synthetic nicotine and analogs such as metatine and nixotine, and broaden the definition of characterizing flavors to cover synthetic coolants. A master list of approved "unflavored" tobacco products will be created by the attorney general and published by December 31, 2025. After the list is in effect, any product not included on it, whether sold in stores or online, will be banned in the state.
Additionally, the attorney general will have the power to remove any vaping product not authorized by the Food and Drug Administration (FDA) from the list. State and local agencies will be authorized to seize products that violate the new laws and issue immediate fines for each seized item. Local governments will still have the ability to implement even stricter regulations than those set by the state.
Under the new laws, manufacturers must certify under penalty of perjury that their products are unflavored to have them included on the state's approved tobacco list. The attorney general has wide discretion to deny products from being added, particularly those not authorized by FDA. Retailers caught selling items not on the list face immediate enforcement from any state or local tax or law enforcement agency, with fines ranging from US$2,000 to US$50,000 for violations of the flavor ban.
Notably, the laws exempt cannabis and hookah products. These regulations are also believed to be the first in the US to address nicotine analogs, which are natural or synthetic substances that chemically differ from nicotine but produce similar effects.