SACRAMENTO, Calif. — Lawmakers in California have introduced a bill that could lead to a ban on the sale of disposable vapes, a move intended to reduce plastic waste and pollution in the state.
In recent years, California has enacted various laws targeting single-use plastic items, including the prohibition of plastic bottles in hotels, Styrofoam food containers, and plastic carryout bags at supermarkets. The proposed legislation specifically addresses disposable vapes, which are battery-powered devices filled with aerosolized nicotine or cannabis, often enhanced with flavoring agents and other chemicals. This new legislative effort will focus exclusively on vapes designed for one-time use.
Globally, some nations have begun to tackle the issue of single-use vape products, with a ban taking effect in Belgium on January 1 and another set to commence in the United Kingdom in June. If California proceeds with its proposal, it would become the first state in the U.S. to implement such a restriction, as previous attempts in both California and New York have not succeeded.
Under the bill, the sale or distribution of new or refurbished disposable vapes would be prohibited starting January 1, 2026. Local governments and the state would be authorized to impose fines of $500 for an initial violation, escalating to $1,000 for a second breach and $2,000 for subsequent offenses.
Assemblymember Jacqui Irwin, the bill’s author, emphasized the environmental benefits, stating it would prevent battery acid from disposable vapes from contaminating soil and waterways. “We must transition away from these harmful single-use devices, and AB 762 will do just that,” she remarked during a press conference in Sacramento.
The California Grocers Association previously opposed a similar proposal in 2022, arguing that it could increase tobacco smuggling. Arkan Somo, co-founder of the Neighborhood Market Association representing small businesses, expressed concerns that this bill would impose unnecessary burdens on family-operated stores that sell tobacco products. “If we’re going to take the environment as an excuse to keep banning these products, where is that going to stop?” Somo argued, emphasizing the potential disadvantages for California’s economy.
California has seen other regulatory measures regarding vape sales recently. In 2020, Democratic Governor Gavin Newsom enacted a law to ban most flavored tobacco products, aiming to deter usage among minors. Alongside these actions, California and over 30 states have instituted taxes on e-cigarettes, according to the CDC, which maintains that all states already prohibit e-cigarette sales to those underage.
“While these products pollute our planet, they’re also targeting our most vulnerable among us — our children,” stated Tony Hackett, a policy associate with Californians Against Waste, a supportive nonprofit organization. He criticized disposable vapes for being engineered for high addiction rates with minimal responsibility.
One of the factors contributing to the popularity of disposable vapes is their affordability and convenience compared to refillable options, as noted by Carolina Saavedra, a staff attorney at the Public Health Law Center. However, waste generated by e-cigarettes poses risks due to heavy metals, hazardous lithium-ion batteries, and toxic chemicals, according to the CDC. Saavedra welcomed the California bill as a significant step towards addressing these concerns.
“Continuing to push this conversation and highlight the costliness of this problem and how little — if any — benefits at all these items bring, that’s going to be huge,” she asserted.
