California Vape Ban Begins January 1st, 2025: What You Need to Know

[alli_vapes]

Mi-Pod Blog on Cali

Attention adult vapers in California: Starting on January 1, 2025, you will no longer have access to any flavored vaping products, through retail or online sales.

​

The two new laws, AB 3218 and SB 1230, were not passed due to a public health crisis. It has been a half-decade since EVALI lung disease was traced to cannabis cartridges with vitamin E acetate and now teen vaping has fallen to its lowest levels in a decade.

 

[boo2600]

Unless the rest of the United States follows suit, enforcing the law will be difficult. There is likely to be significant pressure for a federal ban, as it would force the rest of the country to adhere to California's regulations. California has been notorious for using its political and economic dominance to impose its laws on the rest of the country.

 

[zoiDman]

Unless the rest of the United States follows suit, enforcing the law will be difficult. ....

I dunno?

What this Legislation (AB3218) basically does is say that if you Sell or Distribute an e-Cigarette/e-Liquid in/into California that you need to submit all the product's info to the CA Attorney General. The AG would then determine if the product contained a "characterizing flavor." If it does, then it can't be sold in CA.

What the other piece (SB1230) does is give CA "seizure and forfeiture" abilities for products that aren't sellable as per above.

Now all this is a Gross Oversimplification of what these Bills do. And I encourage you to read the Digest for each. But from what I have read about them they look to be Highly Efficient in quashing the CA Flavor Market.

And more Importantly (for those that want to see Flavor gone in CA) they appear to be Easily Upheld by the 9th Circuit Court of Appeals .

 

[boo2600]

I am forever grateful for those who can read and understand legal documents. It seems vague and 'open-ended' to me.

Does this law restrict sales of liquid from California to other states? Can wholesalers still operate? Is the possession of restricted products by consumers a violation of the law? Is there a mechanism to contest a liquid being banned? What about businesses that have stock purchased before the ban? Can they legally sell that to businesses outside of California?

My experience is in consumer products, such as electronics and appliances. I'm technically savvy, but not legally. What I do know is that when California passes laws regarding these products, the rest of the country often complies with these restrictions. Typically, this involves federal legislation. For example, banning adjustable carbonators on lawn and garden equipment, or water usage limits on dishwashers and clothes washers, even weight restrictions. It seems that where California goes, the rest of the United States follows.

I have followed flavor bans in other parts of the world, and it can be quite messy. For the most part, they've led to black and grey markets. All I see is a confusing mess. I view this as a potential first step towards a national flavour ban. However, it could also result in a confusing situation that makes a national ban less likely.

Are there any advocacy groups I can support with a donation?

 

[boo2600]

"Existing law requires certain items forfeited to the state, including any cigarettes or tobacco products forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003, to be destroyed."

"This bill would additionally require flavored tobacco products and tobacco product flavor enhancers forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003 to be destroyed."

That answers my questions.

No more newports? No more sweet little cigars? No more flavoured lip tobacco? Maybe there will be riots in the hood and the countryside.

 

[zoiDman]

...

Are there any advocacy groups I can support with a donation?

Here you go.

Consumer Advocates for Smoke Free Alternatives Association

CASAA is a consumer advocacy nonprofit promoting the availability and protection of smoke free alternatives to combustible tobacco.

casaa.org

 

[Rippspeed]

Man I picked the wrong state to be vaping again... Lol

So whats the fine print ??? I know a company that makes nothing but tobacco eliquidthats ships to my SoCal address. But like tobacco that has hints of vanilla or coffee or nutty. Is that part of the ban ??.

 

[zoiDman]

Man I picked the wrong state to be vaping again... Lol

So whats the fine print ??? I know a company that makes nothing but tobacco eliquidthats ships to my SoCal address. But like tobacco that has hints of vanilla or coffee or nutty. Is that part of the ban ??.

In a more reasonable world, if a Tobacco Flavor contained Hints or "Small" amount of something like Vanilla or Coffee, the Flavor would still be considered a Tobacco Flavor.

But being that it is California, Six will get you Ten that they will Summarily Redline it. And chuck it in the Banned Category.

CA likes to say that it is a "Progressive" state. But when it comes to Tobacco Harm Reduction, they are more in tune with the way people were on January 17, 1920.

 

[keedge]

I also live in California and was glad when the ban in 2019? didn't affect the online sales. But now that it is 2025..... I stocked up on juice in December, so I am good for a bit. But will be interesting to see how it goes next time I need to find some juice for my vapes.

 

[Letitia]

Many sites upon request will skirt around the "labels" on the invoice and shipping label.

 

[Keceli]

A similar ban began in Norway last year, but there's a workaround: You can mix your own e-juice using flavors made for snus.