CA AB 3218

Title: Unflavored Tobacco List.
Author: Robert A. Rivas

Summary
AB 3218, as amended, Wood. Unflavored Tobacco List. Existing law prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, provides for enforcement of that prohibition by the Attorney General.Existing law prohibits a tobacco retailer, as defined, from offering for sale any flavored tobacco product or tobacco product flavor enhancer, as specified. A violation of this prohibition is an infraction.This bill would require the Attorney General to, by no later than December 31, 2025, establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a characterizing flavor, as defined.This bill would require each manufacturer or importer of tobacco products to submit to the Attorney General a list of all brand styles, as defined, of tobacco products that they manufacture or import for sale or distribution in or into California. The bill would require a manufacturer or importer that submits a product pursuant to these provisions to, under penalty of perjury, describe each brand style, brand, and product category, as specified, certify that each brand style is not adulterated or misbranded, as defined, and certify that each brand style lacks a characterizing flavor. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would require the Attorney General to determine whether each brand style has a characterizing flavor, as specified. The bill would require any manufacturer or importer that submits a product in this way to, among other things, consent to the jurisdiction of the California courts for the purpose of enforcing these provisions and to appoint an agent for service of process, as specified. The bill would authorize the Attorney General to seek injunctive relief and a civil penalty up to $50,000 against any manufacturer or importer who falsely certifies that brand style determined to have a characteristic flavor, lacks a characteristic flavor.The bill would refine the definition of characteristic flavor for purposes of the prohibition and these provisions.This bill would prohibit a distributor from selling any tobacco product not listed on the Unflavored Tobacco List to any person, as specified, for sale in the state and would authorize the Attorney General to assess civil penalties, as specified, for violations of this prohibition. This bill would authorize the Attorney General to recover reasonable attorney’s fees, investigative costs, and other related costs, against a nonprevailing party in a civil action brought pursuant to these provisions. The bill would require moneys recovered by the Attorney General in an action pursuant to these provisions to be deposited in the Public Rights Law Enforcement Special Fund, as specified.The bill would deem certain tobacco products possessed in violation of these provisions that are seized by the California Tax and Fee Administration to be forfeited to the state.This bill would also ban the retail sale of any tobacco product not on the Unflavored Tobacco List, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Status
From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 0.) (April 9). Re-referred to Com. on JUD.

Bill Documents
CA AB 3218 - 04/01/24 - Amended Assembly
04/01/24 - CA AB 3218 (04/01/24 - Amended Assembly)