CaliforniaCan You Buy Flavored Vapes in California? The Short Answer
No, flavored vapes are banned statewide in California. The state has one of the strictest vaping regulations in the US, with a comprehensive flavor ban and heavy taxation:
- All flavored vaping products are illegal to sell, including menthol, mint, fruit, and candy
- Only tobacco-flavored products on the state's Unflavored Tobacco List (UTL) are legal
- 21+ age requirement with no military exemption since January 2025
- Statewide indoor vaping ban in all workplaces, restaurants, and public spaces
- San Francisco bans ALL vape sales entirely, regardless of flavor
- Taxes add approximately 67-80% to the base price of products
California's flavor ban is among the most comprehensive in the nation, and enforcement has tightened significantly since the UTL was published on December 31, 2025.
California's Vaping Laws: The Legal Framework
California's current vaping regulations result from multiple overlapping laws enacted between 2016 and 2025.
Key Legislation Timeline
| Law | Year | Effect |
|---|---|---|
| SB 793 | 2020 (signed) | Banned flavored tobacco/vape sales |
| Proposition 31 | Nov 2022 | Voters upheld SB 793 (63% yes) |
| SB 793 enforcement | Dec 2022 | Flavor ban took effect |
| AB 3218 | Jan 2025 | Expanded enforcement, created UTL requirement |
| SB 1230 | Jan 2025 | Eliminated military age exemption |
| UTL published | Dec 31, 2025 | Official list of legal tobacco-flavored products |
What's Legal vs. Illegal
Legal:
- Tobacco-flavored vape products listed on the UTL
- Refillable devices (the hardware itself)
- Unflavored e-liquid base (PG/VG with nicotine)
- Purchasing from licensed retailers with valid ID (21+)
- Online purchases shipped from within California (tobacco-flavored, UTL-listed only)
Illegal:
- ANY flavored vaping product (menthol, mint, fruit, dessert, candy, etc.)
- Products not appearing on the Unflavored Tobacco List
- Sales to anyone under 21 (no exceptions)
- Vaping in prohibited indoor/outdoor locations
- Online sales from out-of-state retailers shipping to CA addresses
The Unflavored Tobacco List (UTL)
The UTL is maintained by the California Department of Tax and Fee Administration (CDTFA) and lists every vaping product approved for sale in the state. Key facts:
- Published December 31, 2025
- Products must demonstrate they contain only tobacco flavor or are unflavored
- Manufacturers must apply and provide lab testing
- The list is updated quarterly
- Retailers caught selling products NOT on the UTL face penalties
What Can You Buy in California?
Legal Vaping Products
With the flavor ban in effect, your options are limited to:
Devices (hardware):
- Pod systems (JUUL, Vuse, NJOY)
- Refillable pod mods
- Box mods and tanks
- Disposables (tobacco-flavor only, UTL-listed)
E-Liquids:
- Tobacco-flavored only
- Must be on UTL
- All nicotine strengths available (no mg/mL cap)
Brands commonly found on the UTL:
- JUUL (Virginia Tobacco)
- Vuse Alto (Golden Tobacco, Rich Tobacco)
- NJOY (Classic Tobacco)
- Logic (Tobacco)
What About Menthol?
Menthol is classified as a flavor under SB 793 and is banned. This includes menthol cigarettes, menthol vapes, and any mint or cooling-sensation products.
San Francisco's Complete Ban
San Francisco goes further than state law with a complete prohibition on all e-cigarette sales:
- No vape products of any kind can be sold within city limits
- Applies to all retail stores and online deliveries to SF addresses
- Passed in 2019, upheld by voters in Proposition C
- Residents must purchase outside city limits
Online Purchasing
Online vape sales to California addresses must comply with:
- PACT Act registration
- Age verification at point of sale AND delivery
- California tax collection
- UTL product restrictions
- No out-of-state shipments of non-UTL products
Where Can You Vape in California?
California has a comprehensive statewide vaping ban in all locations where smoking is prohibited.
Where Vaping Is Prohibited
- All indoor workplaces
- Restaurants, bars, and nightclubs (indoor and outdoor patios in many cities)
- Hotels and lodging (most are 100% smoke/vape-free)
- Public transportation (buses, trains, ride-shares, airports)
- Within 25 feet of doors, windows, and vents of enclosed spaces
- Schools and universities (entire campus in most cases)
- Hospitals and healthcare facilities
- Government buildings
- Shopping malls and retail stores
- Parks and beaches (varies by city - most prohibit it)
- Multi-unit housing common areas
Where Vaping Is Generally Permitted
- Private single-family residences
- Inside your own vehicle (not ride-shares or commercial vehicles)
- Some outdoor areas 25+ feet from buildings (check local rules)
- Designated smoking areas (rare, but exist at some businesses)
City-Specific Restrictions
Many California cities have enacted rules stricter than state law:
| City | Additional Restriction |
|---|---|
| San Francisco | Complete sales ban + strict outdoor ban |
| Los Angeles | Banned in all outdoor dining areas |
| Beverly Hills | Banned in ALL outdoor public areas |
| San Diego | Banned on all beaches and parks |
| Sacramento | Banned within 25 ft of bus stops |
| Berkeley | Banned in all multi-unit housing |
Penalties for Violating California's Vaping Laws
Retailer Penalties
| Violation | Penalty |
|---|---|
| Selling flavored products | $250 per unit (first offense) |
| Repeat flavored product sales | Up to $5,000 per violation |
| Selling non-UTL products | $250-$5,000 per violation |
| Selling to minors | $400-$600 (first), up to $6,000 (repeat) |
| No retail license | Up to $5,000 |
Consumer Penalties
| Violation | Penalty |
|---|---|
| Vaping in prohibited area | $100-$250 fine |
| Providing to minors | Up to $500 per occurrence |
| Minor in possession | Community service, tobacco education |
Enforcement Reality
California's enforcement of the flavor ban has ramped up significantly:
- CDTFA conducts regular retail inspections
- Local health departments run compliance checks
- San Francisco has dedicated enforcement teams
- Consumers are rarely fined for personal possession of flavored products, but retailers face serious consequences
- Online enforcement focuses on intercepting non-compliant shipments
Taxes and Costs
California has one of the highest vaping tax burdens in the US.
Tax Breakdown
| Tax | Rate |
|---|---|
| Wholesale excise tax | ~54% of wholesale price |
| CECET (retail excise) | 12.5% of retail price |
| State sales tax | 7.25% minimum |
| Local sales tax | 0.5-3.5% (varies by county) |
| Total effective tax rate | ~67-80% added to base price |
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape (tobacco) | $12-$25 |
| JUUL pod pack (2 pods) | $20-$30 |
| Vuse Alto pod pack | $18-$28 |
| 30mL e-liquid (tobacco) | $20-$35 |
| Pod system device | $35-$55 |
| Box mod kit | $60-$120 |
California vs. Other States
| State | Flavor Ban | Directory | Indoor Ban | Vape Tax | Age |
|---|---|---|---|---|---|
| California | Yes (all flavors) | UTL | Yes (statewide) | ~54% + 12.5% + sales | 21 |
| Oregon | Yes (2024, menthol exempt) | No | Yes | 65% wholesale | 21 |
| Nevada | No | No | Yes (partial) | 30% wholesale | 21 |
| Arizona | No | No | No statewide | No excise | 21 |
| Washington | Yes (2024) | No | Yes | $0.09/mL | 21 |
| Colorado | Yes (2024) | No | Yes | 62% wholesale | 21 |
California's combination of a flavor ban, directory system, indoor ban, AND multi-layered taxation makes it the most restrictive state for vapers on the West Coast.
California Vaping Laws: Key Takeaways
- All flavored vapes are banned - SB 793 and Prop 31 prohibit menthol, mint, fruit, and all non-tobacco flavors
- Only UTL products are legal - The Unflavored Tobacco List (published Dec 2025) defines what retailers can sell
- San Francisco bans all vape sales - No products of any kind can be sold within city limits
- 21+ with no exceptions - Military exemption eliminated in January 2025
- Statewide indoor ban - No vaping anywhere smoking is prohibited, plus 25-foot buffer zones
- Taxes add 67-80% - Wholesale excise, CECET, state sales tax, and local taxes stack up
- Enforcement is active - Regular retail inspections, especially since UTL publication
- Disposables are limited - Only tobacco-flavored devices on the UTL are legal
- Online sales restricted - Must comply with PACT Act, age verification, and UTL requirements
- City rules may be stricter - Always check local ordinances in addition to state law
References
- SB 793 – Flavored Tobacco Products Bill Text – California Legislature
- Unflavored Tobacco List Regulations – California Office of the Attorney General
- California Prohibits Retailers from Selling Flavored Tobacco Products – CDPH
- AB 3218 and SB 1230: The Next Step in California's Flavor Law – Public Health Law Center
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.