California AB 762: Disposable Vape Ban Could Begin in 2027
According to a report by CBS Los Angeles on August 27, 2026. The California Legislature has passed Assembly Bill (AB) 762, which aims to phase out disposable nicotine vapes with built-in batteries. If signed into law by Governor Gavin Newsom, the manufacture and import of these products in California would be prohibited starting January 1, 2027, with sales banned beginning January 1, 2028.
The bill is driven by concerns regarding electronic waste, lithium-battery fires, and environmental pollution. It could mark another significant shift in California’s legal vape market toward rechargeable devices that can be refilled or use replaceable pods.
Key Points of California AB 762
- The California Legislature has passed AB 762; it now awaits Governor Gavin Newsom’s signature to become law.
- If signed, California will ban the manufacture and import of disposable nicotine vapes with built-in batteries starting January 1, 2027.
- Sales of these disposable vapes would be prohibited in California starting January 1, 2028, with violators potentially facing a $500 fine.
- The bill specifically targets single-use vape products with built-in batteries that contain tobacco or nicotine. Cannabis vaping devices are excluded.
- Under the proposed rules, legal vape devices would need rechargeable batteries and a design that allows e-liquid refilling or the use of replaceable pods.
- Supporters cite estimates that approximately 500,000 disposable vapes are discarded daily in the U.S., while retail industry representatives argue that a large share of the existing disposable vape market is already sold through illegal channels.
California Proposes a Two-Phase Ban on Disposable Vapes
August 28, 2026 — According to the CBS Los Angeles report, AB 762 proposes a phased approach rather than an immediate retail ban.
If Governor Newsom signs the bill, the first phase would begin on January 1, 2027, when the manufacture and importation of disposable nicotine vapes with built-in batteries would be prohibited in California.
The second phase would begin on January 1, 2028, when the sale of these products would also be prohibited at the retail level. Violations could result in a $500 fine.
The bill applies to nicotine or tobacco vape products that use built-in batteries and are designed for single use. Cannabis vaping devices are excluded from the proposed restrictions.
The proposed rules also establish a different product-design standard. To remain eligible for sale, vape devices would need to use rechargeable batteries and allow either e-liquid refilling or replaceable pods.
If enacted, this would significantly reduce the role of traditional single-use disposable vapes in California’s legal market. Rechargeable pod systems, refillable devices, and other reusable formats would become more important alternatives.
Electronic Waste Is a Major Reason Behind AB 762
One of the main arguments supporting AB 762 is the amount of electronic waste generated by disposable vapes.
Proponents cite data released by the CDC Foundation in 2024 indicating that U.S. consumers discard approximately 500,000 disposable vapes every day.
Disposable vape products commonly contain lithium-ion batteries, copper, and residual nicotine. When discarded in regular trash or recycling streams, lithium batteries can be crushed or punctured during collection and waste processing, creating a potential fire risk.
Environmental groups, including CALPIRG, have also raised concerns about the resources used in disposable devices. Materials such as lithium and copper enter the waste stream after products that may only be used for a relatively short period are discarded.
California Assemblymember Jacqui Irwin has argued that the environmental and cleanup costs associated with these products ultimately affect communities and utility ratepayers.
AB 762 Could Change the Legal Vape Product Landscape in California
The potential impact of AB 762 goes beyond waste management. It could also change which types of vape products manufacturers, distributors, and retailers can legally offer in California.
California already has strict rules governing flavored tobacco products and operates an Unflavored Tobacco List system. Products that fall under the state’s tobacco regulations must meet applicable requirements to be legally sold.
AB 762 would add another layer of requirements based on device design.
As a result, meeting California’s flavor requirements would not necessarily be enough. A product could still be excluded from the legal market if it uses a single-use design with a non-rechargeable, built-in battery.
What the Proposed Rules Could Mean for Manufacturers
Manufacturers supplying the California market may need to reconsider:
- Product design and hardware architecture
- Rechargeable battery configurations
- Replaceable-pod and refillable systems
- SKU planning for California
- Production and inventory timelines
- Distributor and retailer product transitions
For retailers and distributors, the proposed 2028 sales deadline could make inventory planning particularly important. Businesses may need to adjust disposable vape inventories well before the sales prohibition takes effect.
Retail Industry Raises Questions About Illegal Vape Sales
AB 762 also faced opposition from representatives of the retail industry during the legislative process.
At a California Senate committee hearing, the California Fuels and Convenience Alliance acknowledged the waste and battery concerns associated with disposable vapes. However, the organization questioned whether banning compliant disposable products would address the broader illegal vape market.
Industry representatives argued that a significant portion of disposable vape products currently being sold in California already fails to comply with existing regulations. From this perspective, the proposed ban could remove legal, regulated, and tax-compliant products while leaving illegal sales channels largely unaffected.
Irwin has argued that consumers ultimately seek nicotine rather than a particular type of disposable hardware. From her perspective, reducing the number of disposable devices entering the waste stream could still address part of the environmental problem, even if the legislation does not eliminate illegal vape sales on its own.
AB 762 Still Requires Governor Newsom’s Signature
The most important point for businesses and consumers is that California has not yet implemented the proposed disposable vape ban.
AB 762 has passed both houses of the California Legislature, but the bill still requires action from Governor Gavin Newsom.
If Newsom signs the bill, the proposed timeline would be:
- January 1, 2027: Manufacture and import of covered disposable nicotine vapes prohibited.
- January 1, 2028: Retail sales of covered disposable nicotine vapes prohibited.
- Potential penalty: $500 for violations.
Until the Governor signs the bill and it takes effect, businesses should not describe California as having already banned disposable nicotine vapes.
What AB 762 Could Mean for Vape Manufacturers
California is one of the largest U.S. consumer markets, so a shift away from single-use disposable devices could have implications beyond the state.
If AB 762 becomes law, manufacturers serving California may place greater emphasis on rechargeable, refillable, and replaceable-pod vape systems when developing compliant products.
For brands, distributors, and OEM/ODM manufacturers. The change could also influence product development, hardware selection, packaging, inventory planning, and long-term product portfolios.
The immediate issue is whether Governor Newsom will sign AB 762. If the bill becomes law, manufacturers and importers would have only a limited period to prepare for the January 1, 2027 compliance deadline, while retailers would have until January 1, 2028, before the proposed sales prohibition takes effect.
