California Bans Disposable Vape Sales Starting in 2028

What California's Disposable Vape Ban Covers

California's disposable vape ban covers any nicotine vape that is not refillable or not rechargeable, which the law calls a disposable, battery-embedded vapor inhalation device. Irwin's office puts it plainly: from 2028, a nicotine vape must be both rechargeable and refillable to be sold in California.

Two things are left out, cannabis vapes and some medical devices. The law makes no exception for products on FDA's list of authorized vapes, and it reaches refurbished devices as well as new ones.

When the Ban Starts and the Fines

The ban starts in two steps, and each one carries fines. Importing or making disposables for sale in California is barred from January 1, 2027, and selling, distributing or offering them from January 1, 2028. Irwin's office says stores have through the end of 2027 to sell off their stock.

Cities, counties and the state can impose civil fines of $500 for a first violation, $1,000 for a second and $2,000 for each one after that, and a violation is also an infraction with a fine of up to $500. From 2028, the California Department of Tax and Fee Administration and police can also seize disposables from a store, with a $50 penalty for each device, a license suspension after a second seizure and revocation after a third.

Why California Lawmakers Passed It

California lawmakers passed it as a waste and fire measure, according to Irwin, a Thousand Oaks Democrat. Her release says lithium-ion batteries cause more and more fires in trash cans, garbage trucks and waste facilities, and it counts more than 2,900 fires at US and Canadian recycling and waste sites in 2024, with vapes among the main causes. "The convenience of these vapes cannot come at the detriment of our natural resources," Irwin said. Waste and recycling groups, among them Californians Against Waste and CalPIRG, sponsored the bill.

Store owners pushed back. Arkan Somo, a co-founder of the Neighborhood Market Association, told the Associated Press the law would burden family-owned shops that sell tobacco. Hawaii passed a narrower ban in July: Act 189 starts January 1, 2027 and covers only devices that can be neither refilled nor recharged. Every state's current bans are on our vape bans by state page.

Whatever a state's rules, a dead disposable belongs in household hazardous waste, not the trash, EPA says. Here is how to dispose of a vape in Colorado.

California Disposable Vape Ban FAQ

This California disposable vape ban FAQ answers what adults ask about the new law.