AB 762 (Irwin & Wilson)
Banning Disposable Vapes

OVERVIEW

AB 762 will ban the sale of non-rechargeable or non-refillable vapes in California.

ISSUE

Single-use, battery-embedded vaporizer products, also known as disposable vapes, contribute to significant environmental, safety, and public health issues. These products contain embedded lithium-ion batteries, which cause fire hazards in waste and recycling facilities due to their lack of standardized, safe means of recycling or disposal. Additionally, the single-use nature of these products results in extensive resource waste and environmental pollution when hazardous waste byproducts runoff into waterways.

AB 762 would ban the sale of single-use vaporizer products in California, fostering a transition to refillable or reusable alternatives that are safer and more sustainable.

THE PROBLEM

Disposable vapes, also known as single-use, battery-embedded vaporizer products, have surged in popularity, with more than 12 million sold every month in the U.S. But their convenience comes at a devastating cost:

✅ Fire Hazard – These devices contain embedded lithium-ion batteries, which are highly flammable and have been responsible for a surge in waste and recycling facility fires, endangering workers and infrastructure.

✅ Toxic Waste & Pollution – Disposable vapes contain heavy metals, plastic, and residual nicotine, which leach into waterways and soil, harming marine and terrestrial ecosystems. 72% of consumers don’t realize that spent vapes are considered hazardous waste and cannot be legally disposed of in regular trash or recycling bins.

✅ Resource Waste – Every year, discarded disposable vapes waste 23.6 tons of lithium—enough to power over 2,600 electric vehicles for their entire lifetime. These vapes contribute to e-waste, the fastest-growing waste stream in the country, with no viable recycling solution.

✅ A Growing Public Health Concern – Studies show that disposable vape aerosols contain toxic levels of nickel, cadmium, mercury, and chromium, contributing to cancer, cardiopulmonary diseases, and developmental harm. More than 57% of high school e-cigarette users prefer disposable vapes, with most citing sweet, candy-flavored options designed to hook young consumers.

THE SOLUTION

Countries including the U.K., New Zealand, Belgium, and France are moving to ban these products due to their environmental and public health harms. California must do the same. AB 762 is a bold legislative solution that builds on this international momentum to phase out disposable vapes.

Key provisions of AB 762

🔹 Ban on Sales – Prohibits the import, sale, and distribution of disposable vapes in California, effective January 1, 2026.
🔹 Design for Reuse – Requires that all vaporizer devices sold in California must have a removable battery, be rechargeable, and be refillable, reducing waste and fire hazards.
🔹 Stronger Enforcement – Supports intercepting illegal shipments of disposable vapes, preventing illicit markets from undermining state policy.

We Cannot Recycle Our Way Out of This Problem

The idea that we can simply recycle disposable vapes is a myth. The reality?

🚫 There is no standardized, legal process to recycle these devices in the U.S.
🚫 The hazardous materials in disposable vapes make them too complex and costly to process.
🚫 Less than 10% of e-waste is actually recycled, meaning the vast majority of vapes end up in landfills, incinerators, or polluting our environment.

The only real solution is to ban disposable vapes and transition to safer, refillable, and reusable alternatives.

Add your organizational support to our sign on letter here.

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Position: Co-sponsored by California Product Stewardship Council, Californians Against Waste, CALPIRG & RethinkWaste

Contact: Tony Hackett

Status: Pending committee referral

Current language, analysis, and votes:  AB 762