Step 1: Check FDA authorization for each SKU

Go to the FDA's Tobacco Product Search tool. Enter the brand name or the exact product name. Look for the product's status—specifically whether it has a PMTA that's been granted, or if it's listed as 'marketed without authorization.'

Here's what to look for:

• PMTA (granted): This means the product has gone through FDA review and is authorized for sale in the U.S.
• Marketed without authorization: This means the FDA has determined the product does not have a marketing order and is illegal to sell.

Keep in mind that authorization is product-specific. A brand might have one flavor authorized and another not. So check each SKU individually, not just the brand.

Step 2: Verify your California tobacco retailer license

California requires any business selling tobacco products—including online-only—to hold a Tobacco Retailer License from the CDTFA. If you don't have one, apply before you start shipping. If you do have one, make sure it's active and that your business address is up to date.

Step 3: Cross-check with state and local rules

California's flavored tobacco ban (SB 793) prohibits the sale of most flavored tobacco products, including menthol. However, enforcement has been inconsistent, and some cities have their own rules. Check your local county and city ordinances to see if there are additional restrictions, such as higher licensing fees or outright bans on online sales.

Step 4: Document everything

Keep a log of every verification you run. Note the date, the SKU, the FDA status, and any state or local checks you did. This documentation is your best defense if a product is later delisted or if you're audited. It shows you made a good-faith effort to comply.