According to 2Firsts report on California disposable vape ban, California lawmakers have passed Assembly Bill 762 (AB 762), which would ban the sale of disposable, battery-embedded nicotine vapes in the state. If the bill is signed by Governor Gavin Newsom, California would restrict the import and manufacture of these products starting January 1, 2027, followed by a sales ban on January 1, 2028.
The bill is not a ban on all e-cigarettes, nor does it cover every type of disposable vape. The vape ban is mainly driven by concerns over electronic waste, lithium-ion battery fires, and environmental pollution associated with disposable e-cigarettes. For now, legal nicotine disposable vapes can still be sold in California, and the sales ban will not take effect until the bill is signed into law.
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Which Disposable Vapes Will Be Banned in California
Although California will not ban all disposable vapes, most single-use vapes on the market are covered in AB 762 because they are neither rechargeable nor refillable. Cannabis vapes are not included in this bill. Moreover, electronic cigarette products including rechargeable vapes, refillable vapes, and replaceable pod vapes that meet the proposed requirements would still be eligible for legal sale in California.
After the bill is signed and the sales ban becomes effective, covered disposables would no longer be legally sold in the state, even if some of these products were previously authorized for legal sale. The nicotine vape market will likely shift toward closed-pod vapes, open-system vapes, and other reusable devices.
So, whether a disposable vape is covered by AB 762 mainly depends on whether it can be recharged or refilled. The table below provides a simple reference for vapers to determine whether a device would be considered a banned single-use vape under the bill.
| Refillable? | Rechargeable? | Covered by AB 762? | Ban or Not? |
| No | No | Yes | Banned |
| Yes | No | Yes | Banned |
| No | Yes | Yes | Banned |
| Yes | Yes | No | Available |
Why Are Disposable Vapes Banned in California
Electronic waste is one of the main reasons behind AB 762. According to recent statistics, nearly 500,000 disposable vapes are thrown away every day in the United States, which works out to about 5.7 devices per second.
Because these non-reusable vapes contain lithium-ion batteries and other materials, discarded devices can create problems when they enter regular trash or recycling systems. When batteries are crushed or punctured by garbage trucks and waste-sorting equipment, they can short-circuit, overheat, and potentially ignite surrounding materials, creating a fire risk in waste and recycling facilities.
These discarded vapes can also contribute to environmental pollution because they may contain materials such as lithium, cobalt, copper, nickel, and other substances.
Taken together, these waste, environmental, and fire-safety concerns are key reasons California lawmakers are advancing AB 762.
How Will AB 762 Affect California Vapers
(1) Fewer Disposable Vape Options
If the bill is signed and the ban enters into force, disposable nicotine vapes covered by the bill could no longer be legally sold in California starting January 1, 2028. Adult vapers who prefer the convenience of single-use devices would therefore have fewer disposable vape options in California’s legal market.
(2) More Reusable Vape Choices
California vapers would still have access to vaping products that meet the proposed requirements. Rechargeable vapes, refillable systems, and replaceable-pod vapes would remain available under AB 762. Adult vapers who currently use disposables could switch to a rechargeable pod system or another reusable format instead.
(3) Prepare for the New Vape Ban
AB 762 has not taken effect yet, giving California vapers time to prepare for the new disposable vape ban. Adult vapers who currently use covered disposable vapes could gradually switch to rechargeable, refillable, or replaceable-pod vapes before the sales ban begins on January 1, 2028.
Once the sales ban takes effect, businesses or persons that violate the prohibition could face penalties. A first violation could result in a $500 fine, while subsequent violations could lead to higher penalties.
Therefore, California vapers can gradually adjust to e-cigarette products that use rechargeable batteries and can be refilled with e-liquid or used with replaceable pods before the new vape ban takes effect.
Conclusion
Assembly Bill 762 marks a major shift in California’s regulation of disposable nicotine vapes, targeting non-reusable vaping devices with built-in batteries rather than all e-cigarettes. California vapers should stay informed and be prepared to move towards reusable alternatives as the new rules enter into force.
FAQs
Q1: Are cannabis vapes banned in California?
No. AB 762 does not apply to cannabis vapes. The bill targets certain single-use e-cigarettes containing tobacco or nicotine and equipped with an integrated battery.
Q2: Are JUUL vapes banned in California under AB 762?
As the JUUL is not refillable, it could be banned in California if future versions of the product are not modified to comply with the requirements of AB 762.
Q3: Will California ban nicotine vapes completely?
No. AB 762 does not ban all e-cigarettes. It specifically targets certain single-use disposable vapes with integrated batteries rather than all nicotine-containing vape products.
Q4: When will disposable vapes be banned in California?
If AB 762 becomes law, the prohibition on selling covered disposable nicotine vapes would begin on January 1, 2028. The bill would also prohibit the import and manufacture of covered products beginning January 1, 2027.
