California Legislature Passes Bill Targeting Disposable Nicotine Vapes, Sales Ban Could Begin in 2028

California lawmakers have approved AB 762, a bill that would phase out the sale of disposable, built-in-battery nicotine vaping products in the state. If Governor Gavin Newsom signs the legislation, California would prohibit the manufacture and import of covered products beginning January 1, 2027, followed by a statewide sales ban on January 1, 2028. The bill was introduced by Assemblymember Jacqui Irwin and is primarily aimed at the environmental and safety problems associated with disposable vape devices, particularly electronic waste and lithium-ion battery fires, rather than flavored tobacco restrictions.

AB 762 establishes a two-stage transition period. Beginning January 1, 2027, manufacturers would be prohibited from manufacturing covered disposable vaping products in California, and importing them into the state would also be banned. The second phase, effective January 1, 2028, would make the sale of these products illegal, with violations potentially resulting in penalties of up to $500. Cannabis vaping devices are excluded. The legislation targets nicotine or tobacco vaping products containing a built-in battery designed for single use, potentially encouraging manufacturers to shift toward rechargeable batteries with refillable e-liquid systems or replaceable cartridges.

Supporters cite CDC Foundation data estimating that U.S. consumers discarded approximately 500,000 disposable vapes daily in 2024. These devices contain lithium-ion batteries, copper, and residual nicotine, creating fire risks during waste collection. Environmental groups like CALPIRG have highlighted the materials waste problem, while Irwin has emphasized cleanup costs falling on public services.

The bill has faced opposition from the California Fuels and Convenience Alliance, which acknowledged waste concerns but argued that many disposable products already sold do not comply with existing regulations. Critics suggest AB 762 might primarily eliminate the legal, regulated market segment without addressing unauthorized channels. Irwin countered that consumers seek nicotine rather than specific hardware.

AB 762 has passed both chambers of the California Legislature and now awaits Governor Newsom's decision. The bill would add another regulatory layer on top of California's existing flavored tobacco restrictions and Unflavored Tobacco List, potentially reshaping product design, SKU planning, and inventory management for manufacturers and retailers operating in one of the largest U.S. state markets.

(Source：igeekphone.com)