Cigarette and Tobacco Products Manufacturer & Importer

We will continue to provide updates and additional information in this guide.

New information

  • Flavored tobacco ban resources. We’d like you to know where you can find flavored tobacco ban resources. Understanding the laws that affect your business can help you stay compliant and avoid potential violations. For the latest information and resources, visit our special notice, L-1018, Flavored Tobacco Ban Where to Find the Latest Information.
  • Assembly Bill (AB) 8 (Stats. 2025, ch. 248) was signed by the Governor on October 2, 2025. Among other things, effective January 1, 2026:
    • Cigarette or tobacco product businesses in California may not possess, store, own, or sell at retail cannabis, cannabis products, or products presumed to be cannabis products at any site where cigarettes or tobacco products are sold or stored.
    • If you violate this law, we may seize your product. You may also be subject to civil penalties and have your cigarette and tobacco products license suspended or revoked.

    For more information on this restriction, visit our special notice, L-1005, Cigarette or Tobacco Product Businesses: Cannabis and Synthetic Cannabinoid Products Subject to Seizure and Penalties.

    To read about additional changes for cannabis businesses resulting from AB 8, view our Tax Guide for Cannabis Businesses.

Cigarettes

A cigarette is any roll of any size or shape for smoking that:

  • Is made of any amount of tobacco regardless of whether it is flavored, adulterated, or mixed with any other ingredient,
  • Has a wrapper or cover made of paper or any other material, and
  • Weighs three pounds per thousand sticks or less.

A roll with a wrapper that is mainly made of tobacco and weighs more than three pounds per thousand sticks is considered a tobacco product.

Tobacco products

Tobacco products include, but are not limited to:

Notes

  1. Tobacco products do not include cigarettes. Tobacco products do not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes (for example, nicotine patches) when that product is marketed and sold solely for such approved use. Effective April 1, 2017, Proposition 56 (passed November 2016) amended the definition of “tobacco products” under the California Cigarette and Tobacco Products Tax Law (Revenue and Taxation Code [RTC] section 30121). Prior to April 1, 2017:
    • Little cigars were considered cigarettes for taxation purposes and required a cigarette tax stamp
    • Tobacco products (other than cigars, smoking or chewing tobacco, or snuff) had to contain at least 50 percent tobacco
    • Any products containing, made of, or derived from nicotine and not containing 50 percent or more of tobacco were not necessarily tobacco products
    • Electronic cigarettes sold with nicotine and vape liquids containing nicotine were not tobacco products
    • Any component, part, or accessory of an electronic cigarette when sold with nicotine were not tobacco products
  2. Nicotine does not include any food products as defined in RTC section 6359.
  3. Electronic cigarettes do not include delivery devices (for example, eCigarettes or vape pens) sold individually or with a liquid or substance containing 0mg nicotine and are not considered tobacco products for taxation purposes; however, they are subject to retail licensing (visit STAKE Act Definition of Tobacco Products for Retailer Licensing Purposes in the Cigarette and Tobacco Products Retailer guide).

Manufacturer

A manufacturer is a person who manufactures cigarettes or tobacco products sold in California.

A tobacco product manufacturer includes:

  • Any person, including any repacker or relabeler, who manufactures, fabricates, assembles, mixes, blends, combines, processes, or labels a finished tobacco product.
  • An owner of a brand or formula for a tobacco product who contracts with another person to complete the fabrication and assembly of the product to the brand or formula owner’s standard.
  • A retailer who mixes, blends, or combines a tobacco product that is not suitable for human consumption (such as liquid nicotine) with other ingredients or components to make a tobacco product that is suitable for human consumption. For more information about a retailer who is also considered a tobacco product manufacturer, visit our Retailer guide.

There are some reporting requirements imposed on manufacturers, and there are additional restrictions (which carry potential tax consequences) regarding product promotions and samples provided to recipients at no cost, as set forth in Regulation 4081.

Importer

An importer is any purchaser who purchases for resale in the United States cigarettes or tobacco products manufactured outside the United States for the purpose of making a first sale or distribution within the United States.