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

November 10, 2022
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To our Black Note customers living in California: This new ban will not impact your ability to order and receive our natural tobacco e-liquids. Please continue to confidently place orders for your favorite Black Note e-liquids and devices through blacknote.com.

In recent years, California has taken aggressive steps to curb youth vaping and flavored tobacco use, culminating in Proposition 31, which upheld a statewide ban on most flavored tobacco products. As of January 1, 2023, this law went into effect, restricting the sale of flavored e-liquids and other tobacco products in physical retail stores across the state.

Just in case you’re wondering how close of a vote it was, here are the numbers: 63.4% voted yes to ban flavored tobacco products in California while 36.6% voted no to ban flavored tobacco products in California.

But the impact doesn’t stop there. With additional 2025 regulations on online flavored tobacco sales and the broader enforcement of the PACT Act, customers in California face significant hurdles in purchasing their preferred vape products—including premium tobacco e-liquids from Black Note.

California’s ban will hamper the tobacco industry’s ability to market to young people and the Black community, which he says have been disproportionately targeted by the marketing of flavored products.
Matt Myers, president of the Campaign for Tobacco-Free Kids

If you’re a vaper who lives in California, this article will highlight how this outcome impacts your vaping experience.

What Helped Proposition 31 Pass – Billionaire Michael Bloomberg

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.

What’s Banned by California’s Prop 31

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

Proposition 31’s Impact on California Vapers

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.

What’s New in 2025? Online Vape Sales Targeted

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.

When Does the Flavored Tobacco Ban Start?

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

PACT Act Vape Mail Announcement

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.

Like California, Other States Will Likely Ban Flavored Tobacco

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.

What’s a Better Alternative to Flavored Tobacco Products?

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.

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New to Vaping or Black Note?

Whether you're transitioning from smoking to vaping or seeking an upgrade to natural tobacco e-liquids, Black Note has you covered. Our quick, 15-second quiz and comprehensive guide are tailored to help both smokers and current vapers discover their ideal natural vaping alternatives.

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FAQ’s

Can I still order flavored vape juice online if I live in California?

As of January 1, 2025, online sales of flavored tobacco products are banned in California. Retailers are required to block such transactions or risk heavy penalties. Tobacco-flavored products may still be available.

When did the flavored tobacco ban take effect?

The flavored tobacco ban went into effect on December 21, 2022. This was the fifth calendar day after the election results were certified on December 16, 2022.

Retailers in California were no longer allowed to sell flavored tobacco products in physical stores after this date. However, online sales are still permitted if the website has proper age verification measures in place.

Why did California ban flavored tobacco products?

California passed the flavored tobacco ban to reduce youth nicotine addiction and limit the availability of flavored tobacco products, which studies suggest appeal more to minors.

Key reasons for the ban:

Flavored tobacco products attract young users by making nicotine consumption more palatable.
Studies show that 85% of youth e-cigarette users prefer flavored products over unflavored ones.
Menthol cigarettes were disproportionately marketed to Black communities, leading to higher smoking rates in these groups.
Reducing flavored options was seen as a public health measure to prevent a new generation of nicotine addiction.

According to Matt Myers, president of the Campaign for Tobacco-Free Kids, this law will reduce the tobacco industry’s influence over young people and vulnerable communities.

How did Proposition 31 pass?

Proposition 31 was heavily contested by tobacco companies and public health advocates.

Tobacco companies launched a referendum to delay the law, spending millions of dollars to oppose it.
Billionaire Michael Bloomberg contributed $47 million in support of the ban, outspending the tobacco industry.
The proposition was placed on the November 2022 ballot, where voters ultimately upheld the ban with 63.4% approval.

Despite tobacco companies’ efforts to block the law, strong public health advocacy and financial backing from anti-tobacco groups ensured its passage.

Which products are banned under Prop 31?

Proposition 31 bans the in-store sale of all flavored tobacco products, including:

Flavored vape juices (except for tobacco flavor)
Nicotine-free flavored e-liquids
Flavor enhancers and one-shot DIY mixes
Flavored nicotine pouches
Menthol cigarettes
Flavored small cigars
Flavored smokeless tobacco (including snus)

Products that are NOT banned:

Hookah products
Pipe tobacco
Traditional cigars

Although these products are still legal for sale, many advocates argue that future bans may expand restrictions to include them.

Can I still buy menthol-flavored e-liquids in California?

As of January 1st 2025, the sale and purchase of any flavoured e-liquid product is banned. The state’s flavored tobacco products retail law prohibits the sale of flavored e-cigarettes and other flavored tobacco products.

What is the PACT Act, and how does it affect shipping to California?

The PACT Act is a federal law requiring age verification, tax compliance, and adult signatures for deliveries of tobacco or vape products. Due to this law, vape products cannot be shipped via USPS, and an adult (21+) must sign for packages delivered via third-party carriers.

Why do I need to sign for vape packages in California?

Because of the PACT Act and California state regulations, adult signature confirmation is required to prove age verification and to reduce access to tobacco products by minors.

What flavors are banned under Proposition 31?

Any product with a flavor other than tobacco—including menthol, fruit, candy, mint, dessert, etc.—is banned from retail sale in California. Online sales of these products will also be banned starting 2025.

Can I still buy disposable vapes in California?

Most flavored disposable vapes are banned under Prop 31. A proposed 2025 bill may extend restrictions to cover more disposables entirely, including tobacco-flavored ones. Check local laws before purchasing.

What does this mean for Black Note customers in California?

Black Note will continue to ship tobacco-flavored e-liquids to California in compliance with both the PACT Act and California laws. Flavored options (like menthol or fruit blends) will no longer be available for California addresses.

Is Natural Tobacco Vaping Liquids Right for you?

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.