California Governor Signs Bill Against Fake Menthols

California Governor Gavin Newsom signed into law two bills to strengthen enforcement of California’s law ending the sale of flavored tobacco products. On Jan. 1, 2023, California implemented one of United States’ strongest laws prohibiting the sale of flavored tobacco products, including flavored e-cigarettes and menthol cigarettes.

In response, tobacco and e-cigarette companies introduced products mimicking the taste and cooling effects of menthol without actually using the prohibited substance.

The new laws are designed to thwart those initiatives.

One bill (AB 3218) requires the state Attorney General to establish and maintain a list of unflavored tobacco products, putting the onus on the tobacco industry to demonstrate that a product does not have a flavor and can be legally sold in California.

The bill also updates the definition of a prohibited “characterizing flavor” to include products that impart a menthol-like cooling sensation, thereby making it illegal to sell the menthol-like cigarettes that tobacco companies introduced to evade California’s prohibition on the sale of menthol cigarettes.

The second bill (SB 1230) authorizes the California Department of Tax and Fee Administration to seize illegal, flavored tobacco products discovered during routine tobacco tax inspections.