By Timothy S. Donahue
Top Takeaways:
- Ban ahead: California lawmakers approved a ban on disposable nicotine vapes beginning in 2028.
- Reusable requirement: Legal devices would need rechargeable batteries and refillable reservoirs or replaceable pods.
- Governor next: The measure now heads to Gov. Gavin Newsom’s desk, while his office would not comment on the bill getting signed.
California may be preparing to dispose of disposables.
State lawmakers have approved legislation that would prohibit the manufacture, distribution, and sale of disposable nicotine e-cigarettes in California starting Jan. 1, 2028, and sent the measure to Gov. Gavin Newsom for consideration.
Assembly Bill 762, sponsored by Assemblymember Jacqui Irwin, targets single-use e-cigarettes containing embedded batteries. The Senate approved the measure Tuesday, and the Assembly gave final approval Wednesday.
Under the legislation, an e-cigarette would need both a rechargeable battery and either a refillable reservoir or a replaceable cartridge or pod to remain legal for sale in California. Cannabis vaping products are exempt from the measure.
“We are hopeful the Governor will recognize the threat these devices pose to our communities and that the costs of cleaning up the mess these devices leave are borne by ratepayers,” Irwin said following the vote.
The legislation is largely framed as an environmental and waste-management measure. Disposable vapes contain lithium-ion batteries and other materials that can pose problems when the products are discarded in household trash or recycling systems. Damaged lithium-ion batteries can short-circuit and ignite during collection or processing.
Supporters also cite the sheer volume of discarded devices. Consumer advocacy group CalPIRG estimates that roughly 500,000 disposable vapes are thrown away each day in the United States.
The vapor industry has pushed back against efforts to restrict the products, arguing that e-cigarettes offer adult smokers an alternative to combustible cigarettes.
“Vaping is the single most popular and effective method for Americans to quit smoking cigarettes, and it’s an absolute outrage that states like California are trying to deprive ordinary people of that life-saving product, and no state has driven more people back to combustible cigarettes than California has,” Jim McCarthy, a spokesperson for American Vapor Manufacturers, said earlier this year.
The debate comes as evidence continues to support vaping’s effectiveness as a smoking-cessation tool. An updated 2026 Cochrane review of 80 randomized controlled trials involving 29,861 participants found high-certainty evidence that nicotine e-cigarettes yield higher quit rates than nicotine replacement therapy (NRT), such as patches and gum. The researchers estimated that about four additional people quit smoking for every 100 using nicotine e-cigarettes instead of NRT.
California health officials, however, have taken a more restrictive approach to vaping, particularly due to concerns about youth nicotine use. The California Youth Tobacco Survey reported that e-cigarettes were the most commonly used tobacco product among high school students in 2023, with 10% of students in rural areas and 6% in nonrural areas reporting vaping.
The state already has some of the country’s strongest restrictions on vapor products, including a prohibition on the retail sale of flavored tobacco products. AB 762 would go further by targeting the design of the devices themselves rather than their flavors.
Newsom’s office has not said whether the governor will sign the legislation.
