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States With the Toughest Vape Laws as California Plans New Ban

States With the Toughest Vape Laws as California Plans New Ban

newsweek.com 01.10.2026 13:52 8 views
California will ban disposable nicotine vapes in 2028, but exempt cannabis products, as tougher vape laws spread nationwide.

California is set to become one of the first states to ban disposable nicotine vapes, adding another restriction to a state that has one of the country's toughest tobacco-control regimes. Governor Gavin Newsom recently signed Assembly Bill 762, which will prohibit the import and manufacture of covered disposable nicotine vaping devices beginning January 1, 2027, and ban their sale, distribution, and retail offering beginning January 1, 2028. The legislation targets "disposable, battery-embedded vapor inhalation devices," commonly known as single-use vapes.

Under the law, products that contain tobacco or nicotine and are designed to be discarded after use will no longer be allowed on the California market. The bill text states that covered vapes are those that are “not designed or intended to be reused,” meaning that reusable vaping devices with rechargeable batteries and refillable or replaceable components aren’t covered by the ban. The bill explicitly states that beginning January 1, 2027, a person may not import or manufacture for sale in California a covered disposable vape and, beginning January 1, 2028, may not sell, distribute or offer such products for sale in the state.

Violators can face penalties beginning at $500 for a first offense, with larger penalties — up to $2,000 — for repeat violations. One notable aspect of the law is that it does not apply to cannabis vaping products. The bill defines covered devices as vaporization products containing a tobacco product "but not cannabis or a cannabis product," meaning disposable marijuana vapes sold through California's regulated cannabis market can continue to be sold.

Newsweek has reached out to Gavin Newsom's office for comment on why disposable cannabis vaping devices were excluded from the ban and is awaiting comment. According to legislative summaries, the measure appears to be more of an environmental protection law rather than a traditional anti-smoking measure. Disposable vapes contain lithium-ion batteries (which means they’re classified as e-waste), plastics, electronic components, and nicotine residue, which is nicotine-containing liquid that stays inside or on a vape after use.

Because of this, and the fact that the batteries are often embedded in the device and difficult to remove, recycling can be difficult. The measure also reflects a broader trend in state regulation as lawmakers increasingly target the design of vaping products, rather than simply restricting flavors or imposing taxes. California's latest move comes as a growing number of states adopt aggressive restrictions on vaping products.

Across the U.S., the toughest vaping laws are increasingly focusing on restricting flavored products, which regulators and public health officials say are particularly attractive to young people. The Food and Drug Administration (FDA) has repeatedly identified flavored e-cigarettes as a key driver of youth vaping and notes that nearly 90 percent of young e-cigarette users consume flavored products. According to the agency's 2025 National Youth Tobacco Survey, fruit, candy, dessert, mint, and menthol remain among the most popular flavors used by young people According to Vape Observation, California, Massachusetts, New Jersey, New York, Rhode Island, and Utah have responded with some of the nation's strictest restrictions on flavored vaping products: Another major trend is the rise of state vape directories.

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