On Feb. 18, California assembly members introduced AB 762, which would prohibit the sale and distribution of new or refurbished disposable, battery-embedded vape devices in the state. The prohibition would begin Jan. 1, 2026.
If the bill were to go into effect, anyone in violation could be fined, including $500 for the initial violation.
“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, spokesman for trade association American Vapor Manufacturers, told CStore Decisions.
The bill is similar to previous bans of plastic disposable items in California.
In September 2024, plastic bags were banned in the state, a law which followed a 2014 attempt to ban plastic bags that contained a loophole allowing for higher-density plastic bags that could arguably be reused.
In 2022, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) was signed. This law requires that by 2032, all single-use packaging and plastic foodware is recyclable or compostable, 25% less single-use plastic packaging and foodware in California is sold, and 65% of single-use plastic packaging and foodware is recycled.
In 2019, AB 1162 was signed and became effective in 2023. This bill bans small single-use plastic bottles in hotels.
As a response to SB 54, California banned plastic foam foodware, which went into effect on Jan. 1.
A bill prohibiting disposable vaping devices would seemingly follow this trend in California of attempting to limit single-use plastic. However, a potential ban would spell hardship for the vape category.
“(The bill) fails on its own terms, because you know what the No. 1 cause of pollution is in the state of California? Cigarette butts. Every disposable vape product that they’re pointing at is preventing countless cigarettes from being dropped on California beaches and sidewalks and anywhere else,” said McCarthy.
While other countries such as Belgium and the United Kingdom have approved single-use vape sale bans, according to AP News, California would likely be the first U.S. state to do so.
Already, California retailers are unable to sell most flavored tobacco products, including flavored e-cigarettes. Once more, California c-stores may have to rearrange their backbars if this new regulation passes.
What retailers need to know is the likelihood of this new bill becoming law. “It’s hard to say,” said McCarthy, noting California’s previous restrictions on vaping products.
“We’re up against enormous forces,” he continued. “What we have on our side is ordinary California citizens and small-business owners who can testify to legislators that these products are helping people switch and quit cigarettes on a daily basis.”
As of now, the bill may be heard in committee on March 21.
