Governor Newsom Signs AB 762, Banning Disposable Vapes in California

SACRAMENTO-Governor Gavin Newsom signed Assembly Bill (AB) 762 by Assemblymember Jacqui Irwin (D-Thousand Oaks), which will ban the sale of disposable nicotine vapes in the Golden State. Beginning January 1, 2028, retailers will no longer be able to sell nicotine vapes in California unless the device is both rechargeable and refillable. Retailers will have through the end of 2027 to sell off the rest of their inventory.

"California has taken great strides to reduce waste and pollution in our communities, and I applaud Governor Newsom for signing AB 762 which is another step in the right direction," said Assemblymember Irwin. "The convenience of these vapes cannot come at the detriment of our natural resources and the health and safety of our families and first-responders. California is smart to redirect consumers to more sustainable options that are sold by many retailers around the state."

Disposable vapes are fundamentally flawed. These non-recyclable devices contain lithium-ion batteries, heavy metals, toxic nicotine, and plastic, but are designed to be haphazardly thrown away after limited use. Their design features will always pose significant environmental and safety risks, and they stand in the way of California's plastic and pollution reduction goals.

Lithium-ion batteries-the same technology used to power electric vehicles and smartphones-are responsible for an increasing number of fires in trashcans, garbage trucks and waste facilities. Fires caused by lithium-ion batteries reach temperatures exceeding 2,000°F and are very difficult to extinguish. And because these devices cannot be easily disassembled and recycled, most end up in landfills or as litter in our parks, beaches and streets.

Disposable vapes have surged in popularity due to their convenience, with more than 12 million sold every month and consumers disposing nearly 6 vapes every second. As a direct consequence, fires ignited at material recovery facilities have climbed. In 2024 alone, more than 2,900 fires were reported at U.S. and Canadian recycling and waste facilities-with vapes considered among the primary drivers.

Disposable vapes have worsened the affordability crisis, forcing all Californians to face higher costs on their bills as waste recovery facilities feel the squeeze of soaring insurance premiums and increased operating costs due to these fires.

AB 762 includes strong enforcement mechanisms to ensure California is set to benefit from this new policy. The California Attorney General and local officials will have the authority to issue fines of up to $2,000 for violations. Additionally, AB 762 gives authority to the state's tobacco regulators to take away tobacco licenses from retailers that do not comply.

This bill was co-sponsored by Californians Against Waste, California Public Interest Research Group (CALPIRG), California Product Stewardship Council and RethinkWaste.

WHAT OTHERS ARE SAYING

"With the stroke of a pen, California is closing the door on a product that was never designed to be handled safely once it's thrown away. AB 762 stops companies from selling 'disposable' vapes packed with lithium batteries, and requires the industry to build devices that are rechargeable and refillable instead. This is a win for the firefighters, local governments, and ratepayers who have been footing the bill for the lithium-ion battery fires all this time. The waste system shouldn't have to clean up after an industry's design choices." - Tony Hacket, Policy Associate, Californians Against Waste

"It is against common sense to produce an electronic device - with all of its associated circuitry, resource use and environmental hazards - just to toss it once it runs out of juice and compound our e-waste crisis. We applaud Assemblymember Irwin and Governor Newsom for their leadership and are thankful that California will continue to be a leader in waste reduction by prohibiting this unnecessary and harmful product." - Jenn Engstrom, State Director, CALPIRG

"Along with our Co-Sponsors of AB 762, we applaud Assembly Member Irwin for championing this important piece of legislation and thank Governor Newsom for signing it into law, reinforcing his strong commitment to protecting the environment while also reducing the risks to our solid waste and recycling workers and infrastructure. These 'disposable" vapes are dangerous when all used up by consumers with no other option for proper management than as a hazardous waste. California continues to lead in the environmental protection space and this is just one more example of that leadership." -Doug Kobold, Executive Director, California Product Stewardship Council

"Ten years after the Shoreway fire, we know firsthand what a single lithium-ion battery can do. Products designed to be discarded after a single or short period of use are not only bad for our planet, but they shouldn't contain batteries that pose fire risks throughout the waste stream. AB 762 is a common-sense measure that protects workers, infrastructure, ratepayers, and the planet." - Joe La Mariana, Executive Director, RethinkWaste