California DOJ Outlines Next Steps for Unflavored Tobacco List; Enforcement to Target “Obviously Flavored” Products

Key Points

• The Unflavored Tobacco List (UTL) will be published by December 31, 2025.
• It will help law enforcement identify legally permitted “unflavored” tobacco products.
• “Obviously flavored” products—such as those named with fruit or menthol—remain top enforcement targets.
• Unregistered products face seizure and penalties under Business & Professions Code §§ 22974.2, 22978.3.
• Regulations for mixed multi-pack products are expected by August 2026.

2Firsts, November 17, 2025 — According to Information Bulletin No. 2025-DLE-17 issued by the California Department of Justice, the state is moving forward with the next phase of its flavored tobacco enforcement program: the creation of the Unflavored Tobacco List (UTL).

California Health and Safety Code §104559.5 prohibits the retail sale of most flavored tobacco products and tobacco product flavor enhancers. Under Assembly Bill 3218, the Attorney General is required to publish the UTL by December 31, 2025, pursuant to Health and Safety Code §104559.1. The list will identify tobacco products lacking a characterizing flavor—thus legally sellable in California—and serve as an enforcement resource for state and local agencies.

Upon publication, DOJ’s enforcement priority will continue to focus on “obviously flavored” tobacco products and flavor enhancers. “Obviously flavored” includes products containing non-tobacco flavors (e.g., menthol or fruit) in their trade name and those previously classified as “flavored” under Attorney General guidance.

For products not appearing on the initial UTL and not obviously flavored (including hand-rolled cigars), DOJ will prioritize education and registration outreach to manufacturers rather than immediate enforcement. Registration for unflavored tobacco products can be completed anytime at https://utl.doj.ca.gov/.

Manufacturers and retailers are warned that without registration and inclusion on the UTL, such products remain subject to seizure and penalties by enforcement agencies under the Business and Professions Code.

Additional guidance regarding mixed or bundled tobacco products that combine flavored and unflavored items will be included in subsequent UTL regulations, anticipated by August 2026.

Wholesale operations that continue to sell obviously flavored tobacco products and flavor enhancers illegally are subject to state and local enforcement. DOJ also stated that enforcement efforts will target unlicensed and online sellers, as well as distributors supplying flavored products to unlicensed retailers and wholesalers, including unlicensed tribal entities.

Image source: Screenshot of announcement from the California Department of Justice.