Flavored Tobacco Products Banned in California After Proposition 31 Passes – Updated 2025 Rules, Online Sales Ban & PACT Act Impact

Tobacco companies got enough signatures to postpone this law for two years. Michael Bloomberg’s financial support helped this ban pass on November 9th. Bloomberg outspent the entire tobacco industry, contributing nearly $47 million in support of the ban.

To make it easier for you, here’s a list of the tobacco products banned here in California:

• All vaping products in flavors other than tobacco
• Nicotine-free e-liquid
• So-called “flavor enhancers” (which possibly includes one-shot DIY mixes)
• Flavored nicotine pouches
• Menthol cigarettes
• Flavored small cigars
• Flavored smokeless tobacco (including snus) 

This law applies to brick-and-mortar stores only, and does not criminalize the possession or use of flavored products. However, retail compliance is heavily enforced.

Exemptions include:

• Loose-leaf tobacco and premium cigars (some ambiguity remains)

• Hookah products sold in licensed hookah lounges

How does this new ban affect your vaping experience? The California law bans in-store sales of flavored vape and tobacco products. No in stores sales are allowed. The law, however, doesn’t ban online sales of flavored vaping products. The law allows the sale of flavored vape products online as long as that eCommerce website is using age verification.

So, if you meet the minimum age requirement of 21 and you want to buy flavored vape liquids, then you can do so online. This includes buying Menthol E-Liquids.

Starting January 1, 2025, California will ban online sales of flavored tobacco products, including through out-of-state retailers. This includes e-liquids shipped from online stores like Black Note.

The ban is an extension of existing restrictions and is expected to be enforced through a combination of:

• IP address blocking for online transactions
• Shipping audits and PACT Act compliance enforcement
• Civil penalties for sellers violating California law

Note: This ban may make it difficult—even impossible—for California residents to order flavored vape products online. We strongly encourage California customers to stay informed and consult official sources like CDPH.

The ban will go into effect on the fifth calendar day after election results are certified on December 16. That would make the date, December 21, 2022.

“Flavors hook kids. Eighty-five percent of kids who use e-cigarettes use flavored e-cigarettes.” – Matt Myers, president of the Campaign for Tobacco-Free Kids

The Prevent All Cigarette Trafficking (PACT) Act, amended in 2021 to include vaping products, adds further restrictions to how vape products can be shipped across the U.S.

Key takeaways for California customers:

• USPS no longer ships vaping products.
• Private carriers like FedEx and UPS have restricted vape shipments.
• Adult signature is required upon delivery—someone 21+ must be present.
• Online sellers must verify age and identity prior to sale.
• Many retailers now use third-party logistics (e.g., regional carriers or fulfillment services) for delivery.

Black Note complies with all PACT Act regulations. However, due to both federal and California-specific laws, availability of flavored products may be limited or blocked in your area.

The vote to ban flavored tobacco in California, which includes e-cigarettes, may inspire other states to do the same. It’s a stronger possibility this is just the beginning of more bans to come throughout the country. This ban received so much support in California that it’ll be hard for states and federal regulators to ignore anti-smoking advocates in each state.  

It’s worth noting that Massachusetts and Washington, D.C have already taken similar measures as California. And the momentum of this California ban doesn’t stop here in the US. You can find similar actions against flavored tobacco products, including Menthol e-cigarettes, happening in Canada, throughout Europe and the UK.

If you’ve ever wanted to find a better alternative to your flavored tobacco, now is a good time to look at your options. One option worth considering is natural tobacco vaping liquids. 

Our vaping liquids are extracted from real tobacco leaves. They don’t contain sweeteners, additives and synthetic nicotine. Black Note natural tobacco e-liquids offer a vaping experience much closer to smoking cigarettes – a claim validated by thousands of customers, here in California and throughout the world.

Not sure if natural tobacco vaping liquids are right for you? Click here to try our sample pack. You’ll receive eight different blends, each in 10 ML bottles. That way you can find the blend that works best for you. Just in case you’re wondering, the most popular blend is our coil-friendly Special Blend E-Liquid.