Unflavored Tobacco List

The Unflavored Tobacco List (UTL) identifies specific tobacco product Brand Styles that manufacturers and importers have certified, under penalty of perjury, as containing no constituents that impart a characterizing flavor.

To be sold legally in California, a covered tobacco product must be included on this list; otherwise, it is classified as a prohibited flavored tobacco product under Health & Safety Code §§ 104559.1(g) and 104559.5(a)(6).

The UTL applies to two categories of tobacco products, subject to certain exemptions.

1. Tobacco & Nicotine Products: Any product containing or derived from tobacco or nicotine (including synthetic nicotine, nicotinic alkaloids, and nicotine analogs) intended for human consumption.
2. Electronic Delivery Systems: Devices that deliver nicotine or vaporized liquids to the person inhaling from the device, such as e-cigarettes or vapes. Note: Devices sold without nicotine or liquid are not covered by the UTL.

The following products are exempt from California's flavored tobacco restrictions and do not need to be listed on the UTL:

• Shisha (Hookah): Tobacco smoked in a hookah or waterpipe, including maassel and narghile. Note: Flavored shisha is only partially exempt and may only be sold in licensed tobacco retailers that restrict entry to individuals aged 21 and older.
• Looseleaf Pipe Tobacco: Tobacco that is cut or shredded for pipes (usually sold in pouches). Note: Roll-your-own cigarette tobacco is NOT exempt.
• Premium Cigars: To qualify as "premium," a cigar must: (a) be handmade (not mass-produced by mechanization); (b) have a wrapper made entirely of whole tobacco leaf; (c) be capped by hand; (c) have a wholesale price of at least $12; and (e) contain no filter, tip, or non-tobacco mouthpiece.

The information provided above serves as a guide for using the UTL. For additional information, please refer to California's Unflavored Tobacco List legislation (Assembly Bill 3218) and the implementing Emergency Regulations. Local governments maintain the authority to enact and enforce flavored tobacco restrictions that are more stringent than state requirements.