CA AB2913

Attorney General must establish and maintain a publicly available list on the internet of tobacco product brand styles that lack a characterizing flavor, called the Unflavored Tobacco List.

Manufacturers and importers of tobacco products may submit lists of their unflavored brand styles to the Attorney General under penalty of perjury, and the Attorney General will determine whether each brand style qualifies for inclusion on the list.

Brand styles not on the Unflavored Tobacco List are presumed to have a characterizing flavor, and any statements by manufacturers or retailers indicating a product has flavor create a rebuttable presumption of a characterizing flavor.

Manufacturers and importers submitting products must consent to California court jurisdiction, appoint a registered agent for service of process, and waive any sovereign immunity defenses.

Attorney General may recover reasonable attorney's fees, investigation costs, and expert fees from entities making clearly frivolous submissions, with recovered funds deposited in the Public Rights Law Enforcement Special Fund; the list must be published by July 1, 2021.