California lawmakers have sent Gov. Gavin Newsom a bill that would eliminate most disposable nicotine vapes from the state over a two-year phase-in.
Assembly Bill 762, sponsored by Democratic Assemblymember Jacqui Irwin, was enrolled Aug. 30 after passing both chambers. The Senate approved the bill Aug. 25 by a 30-9 vote, and the Assembly concurred with Senate amendments the next day, 47-16.
If Newsom signs it, the law would prohibit manufacturers and importers from bringing new or refurbished “disposable, battery-embedded vapor inhalation devices” into California beginning Jan. 1, 2027. Retail sales, distribution, and offers for sale would become illegal Jan. 1, 2028.
The bill defines a prohibited disposable as a tobacco-product vapor device that is not intended to be reused and is either non-refillable or non-rechargeable. Cannabis vaping products are explicitly excluded. A legal device could use replaceable single-use pods or a refillable container, but it would also have to be rechargeable.
AB 762 would allow state and local authorities to impose civil penalties starting at $500 for a first violation, rising to $2,000 for a third or later violation. Violations could also be charged as infractions carrying fines of up to $500. Beginning in 2028, state tobacco enforcement officials could seize prohibited devices from retailers and eventually suspend or revoke licenses after repeated seizures.
Irwin and the bill’s environmental supporters have promoted the measure primarily as a waste and fire-safety law. The California Product Stewardship Council, one of the bill’s sponsors, argues that embedded lithium-ion batteries create hazards in the waste stream and are difficult to recycle safely. A May 29 support letter from the Marin County Board of Supervisors similarly cited litter and hazardous-waste concerns.
For California vapers, the bill would further narrow an already heavily restricted legal market. The state already prohibits retail sales of most flavored tobacco and nicotine products, including flavored vapes, under rules enforced by the California Department of Public Health.
The next decision belongs to Newsom. Until he signs AB 762, California has not actually banned disposable nicotine vapes, but the Legislature has put the prohibition on his desk.
Because of declining cigarette sales, state governments in the U.S. and countries around the world are looking to vapor products as a new source of tax revenue.
A list of vaping product flavor bans and online sales bans in the United States, and sales and possession bans in other countries.
A closer look at PouchPoint, an online nicotine pouch store offering competitive pricing, wide selection, and a smooth shopping experience.
A practical, data-driven breakdown of where the vape market is heading—and how to position your business ahead of regulatory and category shifts.
