Good question. I suppose it would depend on how the wording of the law or regulation.
Regarding flavors like possibly RY4 and similar others, here's a portion of what the bill actually states about that (in quotes and italicized)...and the added comments from the article that was written about it.
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The statewide bill bans so-called “
characterizing flavors.” That means any e-liquid — bottled liquid, or in pods or cartridges — that includes a flavor other than tobacco will be prohibited.
“A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product,” says the bill. It defines a characterizing flavor as
“a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.”
How do they know a specific e-liquid has a “
characterizing flavor”? Basically, if anyone has ever said that it does:
“There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of his or her agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.”
“Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice,” says the California Senate bill.
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So, based on the above...it seems that RY4 and any others that have
any flavoring other than plain old tobacco in them...will be banned.