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Update: Important Information on California’s UTL Regulations
Disclaimer: This message is provided for informational purposes only and is not to be considered legal advice. Recipients should consult their own legal counsel regarding the implications of the matters discussed in this message and in the memorandum provided by Troutman Pepper Locke as they relate to their businesses.
To read a copy of the updated memo from CRA’s attorneys at the law firm of Troutman Pepper Locke, please click here.
Dear Cody:
Yesterday, we informed you that on August 25, 2025, the Office of Administrative Law approved the California Department of Justice’s emergency regulatory proposal to administer and maintain the Unflavored Tobacco List (UTL). Accordingly, with that approval the UTL took effect on that date.
After reviewing the final regulations, CRA’s attorneys determined that there were no significant changes to filing requirements or costs compared to the original proposal.
CRA has identified three points of note:
First: The final regulations set October 9, 2025 as the deadline for initial applications to be filed to be considered for the first UTL, which will be published by December 31, 2025.
Important: The regulations contain a rather severe consequence for missing the October 9th deadline - “applications submitted after October 9, 2025, are not entitled to a response until March 31, 2026, or within 90 days of the submission—whichever is later.”
As such, we encourage all manufacturers to move deliberately to complete their applications before the October 9, 2025, deadline. Applications submitted after this date will not receive a response from the State of California until at least March 31, 2026. This means products filed after the deadline cannot be legally sold in California until April 1, 2026, at the earliest.
Second: Section IV of the memo provided discusses an ambiguity in the regulations regarding the classification of boxes and singletons, specifically whether a box of cigars is a separate variant from the singleton. The section provides a thorough explanation of the issue - please consult an attorney when making a determination on this topic.
Third: As a reminder, the Attorney General’s office will be hosting two tutorials in the coming weeks on the UTL process. If you wish to attend, please register at the links provided below.
As provided above, a copy of the updated memo from CRA’s attorneys at the law firm of Troutman Pepper Locke, is available here.
Should you have any questions regarding this message, please don’t hesitate to contact Mike Copperman (mike.copperman@cigarrigths.org) or Cody Carden (cody.carden@cigarrights.org).
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