CaliforniaCalifornia will ban 2028 sales of new or refurbished single-use tobacco vapes with built-in batteries, except certain medical devices
California will ban making or importing new or refurbished single-use tobacco vapes with built-in batteries for sale here in 2027 and ban their sale in 2028, except certain medical devices.
What it does
California will ban making or importing new or refurbished single-use tobacco vapes with built-in batteries for sale here in 2027, then ban their sale, offers, and distribution in 2028; cannabis vapes and certain medical devices are excluded.
People who break either ban on covered new or refurbished single-use tobacco vapes with built-in batteries could face noncriminal fines of $500 to $2,000 and a separate fine of up to $500.
Starting January 1, 2028, officials may seize covered single-use tobacco vapes with built-in batteries that retailers unlawfully sell or offer. Retailers owe $50 per seized device; repeat seizures can suspend or revoke their licenses.
Argument forFewer covered single-use tobacco vapes with built-in batteries may end up as trash after California bans their sale in 2028.
Argument againstPeople who use covered single-use tobacco vapes with built-in batteries may have fewer buying choices when California bans sales in 2028.
More detail
People may not make or import covered devices for sale in California, or sell, distribute, or offer them for sale here. The bans cover new or refurbished tobacco vapes with built-in batteries that are not designed for reuse and are nonrefillable or nonrechargeable. Cannabis vapes and certain medical devices are excluded. The making and import ban starts January 1, 2027. The sales, offer, and distribution ban starts January 1, 2028.
Cities, counties, or the state may seek noncriminal fines; violations also carry a separate fine for a minor offense. These penalties apply to people or businesses that break either ban on covered new or refurbished single-use tobacco vapes with built-in batteries. Noncriminal fines are $500 for the first violation, $1,000 for the second, and $2,000 for each later violation. The separate fine for a minor offense can be up to $500. If a state agency asks, the Attorney General can recover that agency's costs from people found liable. Penalties for making or importing for California sale begin January 1, 2027. Penalties for sales, offers, and distribution begin January 1, 2028.
State tax officials or law enforcement may seize the devices; the tax department must fine retailers $50 for each device seized. These rules apply when retailers unlawfully sell or offer covered new or refurbished single-use tobacco vapes with built-in batteries. A second seizure and forfeiture under these tobacco rules suspends the retailer's license; a third revokes it. The retailer seizure and fine rules for these devices begin January 1, 2028.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 28Chaptered by Secretary of State - Chapter 717, Statutes of 2026.Latest
- Sep 28Approved by the Governor Gavin Newsom.Became Law
- Sep 3Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 26Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 16. Page 6564.).Major
- Vote recorded AB 762 Irwin Concurrence in Senate Amendments. Result: pass.Lower
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB762 Irwin By Blakespear. Result: pass.Upper
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).Passed Senate
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 20Read third time and amended. Ordered to second reading.Major
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 5. Noes 2.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 30Read second time and amended. Re-referred to Com. on APPR.Major
- Jun 29From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 24).Major
- Jun 24
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 22Read second time and amended. Re-referred to Com. on REV. & TAX.Major
- Jun 18From committee: Amend, and do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 5. Noes 2.) (June 17).Major
- Jun 17
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Revenue and Taxation]. Result: pass.Upper
- May 20Referred to Coms. on E.Q. and REV. & TAX.Minor
- Jan 29In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 762 Irwin Assembly Third Reading. Result: pass.Lower
- Jan 29Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 17. Page 3877.)Passed Assembly
- Jan 26Read third time and amended. Ordered to third reading. (Page 3843.)Major
- Jan 22Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Lower
- Jan 22From committee: Do pass. (Ayes 11. Noes 4.) (January 22).Minor
- Jan 22In committee: Set, first hearing. Referred to suspense file.Minor
- Jan 22Assembly Rule 63 suspended. (Page 3806.)
- Jan 15Re-referred to Com. on APPR.Minor
- Jan 14Read second time and amended.Major
- Jan 13From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 5.) (January 13).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- 2025
- Apr 29In committee: Set, first hearing. Hearing canceled at the request of author.
- Apr 9From committee: Do pass and re-refer to Com. on B. & P. (Ayes 4. Noes 1.) (April 8). Re-referred to Com. on B. & P.Minor
- Apr 8
- Vote recorded Do pass and be re-referred to the Committee on [Business and Professions]. Result: pass.Lower
- Apr 1Re-referred to Com. on E.S & T.M.Minor
- Mar 28From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.Major
- Mar 28Referred to Coms. on E.S & T.M. and B. & P.Minor
- Feb 19From printer. May be heard in committee March 21.
- Feb 18Read first time. To print.Introduced
Environment & EnergyConsumer Protection