Charlie’s Holdings, Inc. announced that California regulators have added its Virginia Tobacco 25K-puff SBX disposable vape to the state’s Unflavored Tobacco List (UTL), which, according to the company, makes it the first 25,000-puff vaping device authorized for legal sale in the state. The approval follows California’s strengthened flavor restrictions under Assembly Bill 3218, which requires that only products classified as unflavored and included on the UTL can be sold in the state. Company executives said the listing positions the SBX device to access California’s retail market while underscoring Charlie’s focus on regulatory compliance and youth-access prevention.
Tag: UTL
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Calif. Court Denies Injunction for Cigar Companies in UTL Suit
A Los Angeles County Superior Court judge denied a request by premium cigar manufacturers and trade groups to block enforcement of California’s Unflavored Tobacco List (UTL) requirements. On Monday, January 12, Judge Cherol J. Nellon rejected the plaintiffs’ motion for a preliminary injunction in Rocky Patel Premium Cigars Inc. et al. v. Bonta, a state court case challenging emergency regulations tied to Assembly Bill 3218. The lawsuit was brought by Rocky Patel Premium Cigars, Cigar Rights of America, the Premium Cigar Association, and six other cigar manufacturers.
The plaintiffs argued that the regulations impose duplicative and burdensome SKU-by-SKU submissions on premium cigars that they contend are already unflavored under federal law. Judge Nellon found the plaintiffs were unlikely to succeed on the merits and failed to show irreparable harm.
The case stems from California’s creation of the UTL to enforce the state’s 2020 ban on most flavored tobacco products, requiring tobacco items to be approved for sale in the state. Plaintiffs sought to exempt “premium cigars” from the UTL, relying on a federal definition developed through FDA litigation, but the court held that the regulations lawfully apply to all tobacco products subject to the statute and do not exceed the attorney general’s authority. Nellon noted that the legislature chose a different approach to defining premium cigars and that the UTL rules are reasonably aimed at distinguishing unflavored products from prohibited flavored ones. This state ruling follows similar denials of relief in related proceedings and is separate from a parallel federal lawsuit involving the same parties and law but different legal claims.
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California Publishes First Unflavored Tobacco List
California Attorney General Rob Bonta announced the release of the state’s first-ever Unflavored Tobacco List (UTL), created under Assembly Bill 3218 (Wood, 2024). The list identifies unflavored tobacco products that may be legally sold under California’s flavored tobacco restrictions. Any covered product not included on the UTL is deemed flavored and prohibited from sale.
To be considered for the initial list, manufacturers and importers were required to submit applications by October 9, 2025. All timely submissions have now received a determination, while ongoing registrations remain open. State officials warned that products not registered and listed on the UTL are subject to seizure and penalties.
Enforcement of the flavored tobacco ban is led by the California Department of Public Health, with support from the Department of Tax and Fee Administration and state and local law enforcement. While enforcement will prioritize clearly flavored products, authorities said the UTL is intended to provide clarity for regulators, retailers and manufacturers and strengthen oversight aimed at reducing youth tobacco use.
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California Drafting Rules for Unflavored Tobacco List
Five years after passing a flavored tobacco ban, the California Attorney General’s Office this week released a draft detailing how tobacco manufacturers can request placement of products on the state’s Unflavored Tobacco List (UTL), a key requirement under the state’s flavored tobacco ban. The list is essentially the state’s official registry of tobacco products that are certified as not having a “characterizing flavor” — meaning they don’t taste or smell like menthol, fruit, candy, mint, vanilla, chocolate, or any other non-tobacco flavor.
According to the draft, companies wanting to sell tobacco and nicotine products must file an online application for each “Brand Style” they want listed, certify that the product has no characterizing flavor, waive sovereign immunity, consent to California court jurisdiction, and submit a sample in its largest retail package. A $300 fee per product must be paid online, and applications must be truthful under penalty of perjury. Products submitted by the initial deadline will be considered for the first official list, set for release by Dec. 31, 2025.
Products that require federal premarket authorization but haven’t received it are generally ineligible—unless they meet specific conditions, such as being on the U.S. market by certain dates and having timely FDA applications still pending. Exceptions apply if the FDA says no authorization is needed, a court vacates a denial, or the product is a variant of an already-listed brand.
“The UTL will cause many companies to stop selling products in California because of the registration process,” wrote Charlie Minato for Halfwheel. “Many might choose not to sell limited edition cigars in California because of the added paperwork. Furthermore, because companies will need prior authorization to sell the products, it might mean that California retailers will receive delayed shipments of new items as cigar companies wait for the attorney general’s office to approve a product for the UTL.
“It’s not just a problem for California-based retailers; this would apply to all shipments going to California, meaning that a retailer in Florida would run the risk of fines if they were to ship a product not on the UTL to a consumer in California.”