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AB 762

Disposable, battery-embedded vapor inhalation device: prohibition and penalties.

2025-2026 Regular Session Introduced by Jacqui Irwin and 1 co-sponsor

California bans sale of disposable, battery-embedded vape devices (new or refurbished) after Jan 1, 2026, with civil penalties and possible license suspensions for violators.

Read second time and amended. Re-referred to Com. on APPR.
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Bill Summary · AB 762

AB 762 — Summary

Title: Disposable, battery-embedded vapor inhalation device: prohibition.
Author: Irwin.
Introduced: February 18, 2025.
Status (most recent): In committee — set for first hearing; hearing canceled at author's request (04/29/2025).

Purpose / Intent

AB 762 seeks to prohibit the sale, distribution, or offer for sale in California of new or refurbished single‑use vaporization devices that contain non‑rechargeable, non‑replaceable batteries (commonly called disposable e‑cigarettes or disposable vape devices). The bill targets products designed for one‑time use to reduce waste and the environmental and public‑health impacts associated with disposable, battery‑embedded vaping products.

Key provisions

  • Definition (new Public Resources Code Chapter 5.1, §42260):
    • A “disposable, battery‑embedded vapor inhalation device” is a vaporization device that is not designed or intended to be reused. The definition covers devices that are:
    • Not refillable (the bill specifies design features that would qualify a device as refillable, e.g., having a separately available replaceable container or a replaceable cartridge/coil); or
    • Not rechargeable (i.e., contain a battery that cannot be recharged).
    • Excludes devices regulated as medical devices under federal law (certain Class I, II, or III devices and equipment predominantly used or prescribed in health‑care settings).
  • Effective date:
    • Prohibition applies on and after January 1, 2026.
  • Prohibition:
    • On/after 1/1/2026, no person may sell, distribute, or offer for sale a new or refurbished disposable, battery‑embedded vapor inhalation device in California.
  • Enforcement and penalties:
    • Cities, counties, city‑counties, and the state may enforce the prohibition and impose civil liability for violations.
    • Civil fines are established (the bill text references specified fine amounts, including $500 for the first violation).
    • Violation can also be charged as an infraction punishable by up to a $500 fine.
    • Civil penalties collected are to be paid to the office that brought the action; the Attorney General may expend collected penalties to enforce the law upon appropriation.
    • Remedies in the bill are not exclusive and are in addition to other remedies (including unfair competition laws).
  • Licensing consequences:
    • The California Department of Tax and Fee Administration (CDTFA) may suspend or revoke licenses to sell cigarettes or tobacco products for licensees who violate the prohibition when the device contains a tobacco product.
    • The Department of Cannabis Control may suspend or revoke cannabis business licenses for violations when the device contains a cannabis product.
    • Costs incurred by state agencies to carry out enforcement may be recoverable from liable persons via the Attorney General.
  • Fiscal/mandates:
    • The bill states no state reimbursement is required under the California Constitution for the costs of the mandated local program.

Who is affected

  • Manufacturers, importers, distributors, wholesalers, and retailers that produce, import, or sell disposable, battery‑embedded vaping devices in California.
  • Businesses holding cigarette/tobacco or state cannabis licenses who offer such devices; they risk suspension/revocation.
  • Local governments and the state (authorized enforcers) — may pursue civil actions and collect penalties.
  • Consumers: will no longer be able to buy new or refurbished disposable, battery‑embedded vaping products in California after Jan 1, 2026.

Procedural history (selected)

  • 02/18/2025: Read first time; to print.
  • 03/28/2025: Amendments submitted; re‑referred to Environmental Safety & Toxic Materials Committee.
  • 04/09/2025: Do pass from committee; re‑referred to Business & Professions Committee.
  • 04/29/2025: Set for first hearing; hearing canceled at request of author.

Potential impacts to note

  • Environmental and waste‑reduction benefits (fewer disposable battery devices entering the waste stream).
  • Market impacts on manufacturers/retailers specializing in disposable vape products; potential shifts toward rechargeable/refillable products.
  • Enforcement adds civil penalty and infraction mechanisms and ties into existing licensing regimes for tobacco and cannabis sellers, increasing regulatory compliance stakes.

Compiled from official sources — confirm details with the bill’s official record.

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