Starting January 1, 2025, California adult vapers will lose access to flavored vaping products, both online and in retail stores. The new laws, AB 3218 and SB 1230, go into effect, creating one of the strictest vaping regulations in the country.
No Public Health Crisis – Just Expanding Restrictions
These laws weren’t enacted in response to a public health emergency. It's been over five years since the EVALI lung disease crisis, which was traced to illicit cannabis cartridges containing vitamin E acetate, not nicotine vapes. Additionally, teen vaping has dropped to its lowest levels in a decade. Despite this, California lawmakers are pushing forward with restrictive laws that ignore the data and focus on removing flavored alternatives for adult consumers.
Flavor Bans: A Pathway Back to Cigarettes?
The reality is that these bans on flavored vapes do more harm than good. Research shows that flavor bans tend to increase cigarette sales, pushing many former smokers back to combustible tobacco products. Flavors are often what help adult smokers successfully transition away from traditional cigarettes, and without them, we risk creating a future public health crisis. Recent studies highlight the unintended consequences of flavor bans. The National Bureau of Economic Research (NBER) reported that restrictions on flavored vaping products reduce frequent youth use by 1.2 to 2.5 percentage points but also lead to a substitution effect, with young adults turning to combustible cigarettes.
The Laws at a Glance
AB 3218
AB 3218 bans all flavored nicotine and nicotine analog vaping products. The law mandates that the Attorney General create an "Unflavored Tobacco List," featuring only products that manufacturers declare as completely devoid of characterizing flavors, including any non-tobacco flavors. Any product not on this list will be considered illegal for sale in California.
This law doesn’t stop at in-store purchases. AB 3218 also prohibits online sales and delivery of flavored vaping products to California residents. Even nicotine analogs, like those found in Metatine Spree Bar products, are affected.
Adult vapers who settle for artificial tobacco vape flavors, rather than being pushed back to smoking traditional cigarettes, will face significantly higher monthly costs. Additionally, online sales will be banned under the new law.
SB 1230
SB 1230 strengthens state enforcement, allowing authorities to seize flavored vape products from both retail and online sellers during routine inspections. It also broadens the definition of nicotine to include any form or analog of the chemical, whether natural or synthetic.
What You Can Do
It’s clear that lawmakers are disregarding the concerns of adult consumers who use flavored vapes to reduce or quit smoking. Small businesses are also facing existential threats as large tobacco companies, with their expensive pod systems and combustible cigarettes, will have less competition once flavors are removed from the market.
While harm-reduction measures for other substances are gaining traction, California’s approach to nicotine products is moving in the opposite direction. If you care about adult access to safer alternatives, there are a few steps you can take:
- Contact Your Local Representatives: Let them know how a flavor ban will affect you personally. Share your story and explain how flavored vaping products have helped you reduce or quit smoking.
- Support Legal Challenges: Groups like CASAA (Consumer Advocates for Smoke-Free Alternatives Association) are working to fight these laws in court. Consider donating to support legal challenges that defend adult access to flavored nicotine alternatives.
- Make Your Voice Heard: Attend local meetings, participate in public discussions, and engage on social media. Let lawmakers know that the fight isn’t over.
The coming year will bring major changes for vapers in California. Now more than ever, it’s important to take action to preserve access to the safer alternatives that millions rely on.
Restrictions like these flavor bans continue to underestimate the role flavored nicotine products play in helping people quit smoking. As history has shown, removing these options only leads to an increase in cigarette sales—precisely the outcome harm-reduction advocates are trying to avoid.
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