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Gavin Newsom eyes California vape ban over green environmental concerns

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Last updated: August 28, 2026 9:01 pm
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Published: August 28, 2026
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California is one step closer to banning disposable nicotine vapes — with environmentalists arguing the gadgets’ metals would be better off in electric vehicle batteries.

State lawmakers passed Assembly Bill 762 Wednesday, sending the measure to Gov. Gavin Newsom’s desk for a signature or veto — with repeat violators facing civil fines of up to $2,000.

The bill would permanently ban disposable, battery-embedded vapor inhalation devices containing tobacco products, prohibiting anyone from “importing or manufacturing” them for sale in California starting Jan. 1, 2027.

California legislators passed Assembly Bill 762 on Wednesday which would permanently ban disposable battery-embedded vapor inhalation devices that contain a tobacco product. Anadolu via Getty Images
Supporters spoke about the need for the governor to pass it, citing the pollution of these devices in our water and land and the fire hazard they reportedly pose when they reach waste facilities. AFP via Getty Images

It would also prevent the sale of those kinds of e-cigarettes starting on Jan. 1, 2028. Those who violate the ban could be found guilty of an infraction and fined up to $500. Separate civil penalties begin at $500 for a first violation and rise to $2,000 for a third or subsequent violation.

Supporters spoke about the need for the governor to sign it, citing the pollution from these devices in our water and land and the fire hazard they pose when they reach waste facilities or are disposed of improperly.

California Public Interest Research Group (CALPIRG) said the devices often end up in the trash or on the ground, littering streets and beaches and leaching toxic chemicals into waterways.

“It is against common sense to pollute our land and water for an electronic product that is used just a few times, serves no beneficial purpose, and creates hazardous waste,” said Jenn Engstrom, state director of CALPIRG.

Gloved hands of a CDC laboratory technician handle electronic cigarettes and vaping pens inside a laboratory in 2019. Gado via Getty Images
Jenn Engstrom directs CALPIRG’s advocacy efforts. Engstrom recently led a coalition to win California’s Right to Repair Law and helped pass several laws to reduce plastic waste in California. CALPIRG

“We’re hopeful California will continue to be a leader in waste reduction by prohibiting this unnecessary and harmful product.”

The group said the metals used in the vapes, which require lithium and copper wire, would be better used for creating batteries for electric cars.

Assemblymember Jacqui Irwin, who represents Thousand Oaks and introduced the bill said “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.”

Tony Hackett, a policy associate at Californians Against Waste, said “vape companies shouldn’t get a pass.”

“We don’t let other industries design products with embedded fire hazards and walk away when they fail,” Hackett said.

“AB 762 is simple: if you’re going to sell it in California, you have to design it so it doesn’t explode in someone’s hands—or in a recycling truck.”

While smoking rates have fallen to an all-time low, the use of electronic cigarettes has become more popular, even as researchers have highlighted the dangers of vaping. 


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