California is one step closer to becoming the first US state to ban disposable nicotine vapes. Assembly Bill 762, authored by Assemblymembers Irwin and Wilson, passed the California Assembly in early 2026 and is now under review in the Senate. Committees on Environmental Quality and Revenue & Taxation have held jurisdiction since May 20. If enacted, the bill would prohibit the import and manufacture of disposable vapes starting January 1, 2027, followed by a full sales and distribution ban on January 1, 2028.
The bill targets non-rechargeable or non-refillable vapor inhalation devices, the single-use products that have flooded convenience stores, gas stations, and vape shops across the state. Refillable pod systems with rechargeable batteries, 510-thread systems, and FDA-approved medical devices are explicitly exempt. Cannabis vapes were removed from the bill via amendment on January 26, 2026, following opposition from the California Cannabis Operators Association, which estimated a potential $41 million annual loss in cannabis excise tax revenue had they remained included.
Penalties Escalate for Violators
AB 762 establishes a graduated penalty structure enforced by the California Department of Tax and Fee Administration. First-time violators face a $500 fine, second offenses carry $1,000, and subsequent violations rise to $2,000. The CDTFA also has authority to revoke tobacco retailer licenses for repeat offenders. The bill defines “disposable” to include both new and refurbished devices that cannot be recharged or refilled.
Californians Against Waste, the bill’s sponsor, has rallied support from a broad coalition including the California Product Stewardship Council, CALPIRG, the League of California Cities, the California Professional Firefighters, and Parents Against Vaping. Opposition comes from the California Distributors Association, tobacco companies, the California Grocers and Retailers Association, and Weedmaps.
Legislative Path Forward
AB 762 was first heard in the Assembly Business and Professions Committee on January 13, 2026. After the cannabis exclusion amendment passed through the Assembly Appropriations Committee on January 26, the full Assembly voted it through in late January. CalMatters Digital Democracy tracks the bill’s referral to Senate Committees on Environmental Quality and Revenue & Taxation on May 20, with a Senate Judiciary Committee hearing scheduled for June 16.
While the bill has advanced further than any previous disposable vape ban attempt in California, it is not yet law. Cal NORML notes that the cannabis exclusion was a key compromise that helped secure Assembly passage. The Senate committee review process will determine whether it reaches a full floor vote this session.
New Jersey Pursues a Different Approach
While California targets disposables through a direct ban, New Jersey is pursuing an alternative strategy. Senate Bill 681, introduced on January 13, 2026, would establish an Extended Producer Responsibility program for e-cigarettes. Under SB 681, manufacturers and importers would be required to fund the collection, transportation, and processing of discarded vaping devices. Full implementation would occur within six years of the effective date.
SB 681 has been referred to the Senate Environment and Energy Committee. It represents a reintroduction after a 2025 version failed to advance. No EPR programs for vapes currently exist anywhere in the United States, though Maine has advanced furthest among states considering similar legislation. New York and Oregon also introduced vape EPR bills in 2025.
The Waste Crisis Driving Action
Both bills respond to a growing waste and fire safety crisis. Disposable vapes contain lithium-ion batteries that cannot be easily removed, making them hazardous for recycling facilities. WasteDive reports that 448 recycling facility fires were recorded across the US and Canada in 2025, with lithium-ion batteries from disposable vapes identified as a major contributor. Annual costs from battery-related fires hit an estimated $2.5 billion for the waste and recycling sector — a crisis we covered in detail in our report on the vape waste crisis and the ‘vape effect’.
Ryan Fogelman, Partner and VP at Fire Rover, has described disposable vapes as stacking “three hazards in one device”: biohazard from the mouthpiece, hazardous liquid from nicotine or THC, and a lithium-ion battery with no viable end-of-life path. Waste and recycling operators, he says, are “the victims” of a system that dumps these hazards on them with no funding to manage them.
What Comes Next
For California, the immediate question is whether AB 762 can clear Senate committees before the legislative session ends. SDSU’s PolicyCTE center is tracking the bill’s progress through the Senate. For New Jersey, SB 681 faces a longer road as lawmakers determine how an EPR framework for vapes would function without existing models to follow.
The UK’s disposable vape ban, now one year in effect, provides real-world data: as we covered in our one-year anniversary analysis, youth disposable vaping dropped from 42% to 13%, but 6.3 million vapes are still discarded weekly. Bans alone are not a complete solution. Other states considering similar measures will be watching these legislative efforts closely, alongside the FDA’s evolving enforcement policies. With 1.2 billion vapes entering waste streams globally each year, the pressure to act is only growing.
Kevin Li — Founder & Editor, VapeObservation.com Kevin reviews vape products hands-on, prioritizing real-world performance over manufacturer claims. His goal: honest, practical advice that helps everyday vapers make informed choices. Before launching VapeObservation, he was a longtime vaper frustrated by promotional content disguised as reviews. Every article on the site reflects his commitment to data-driven, reader-first testing.
