California’s Disposable Vape Ban: The Dates That Matter Under AB 762
California will stop the import of single-use nicotine vapes, and their manufacture for sale in the state, on January 1, 2027, and their sale on January 1, 2028, under AB 762, signed on September 28, 2026.
Key points
- Governor Gavin Newsom approved AB 762 on September 28, 2026; it is Chapter 717, Statutes of 2026.
- Importing covered vapes, or manufacturing them for sale in California, ends on January 1, 2027.
- Selling, distributing or offering them for sale in the state ends on January 1, 2028.
- Sellers face CDTFA seizures and $50-per-package penalties, local civil fines from $500 and infraction fines of up to $500.
California has set two deadlines for single-use nicotine vapes. From January 1, 2027, new or refurbished disposable vapes can no longer be imported into the state or manufactured for sale there. From January 1, 2028, they cannot be sold, distributed or offered for sale anywhere in California. Governor Gavin Newsom approved Assembly Bill 762 on September 28, 2026, and it was chaptered the same day as Chapter 717, Statutes of 2026.
Which devices are covered
The law covers vaporization devices that contain a tobacco product, but not cannabis, and are not designed to be reused. That includes any device whose battery cannot be recharged, any device that is not refillable, and any device that is both. Being rechargeable does not take a device outside the law on its own: a rechargeable vape that is not refillable still meets the definition.
Under the bill text, a device counts as refillable if it is designed to take a container that can be refilled, or a single-use container that is sold separately and can be replaced. Certain products regulated by the FDA as medical devices are excluded.
Two deadlines, one year apart
| Date | What ends |
|---|---|
| January 1, 2027 | Importing new or refurbished covered devices into California, or manufacturing them for sale in the state |
| January 1, 2028 | Selling, distributing or offering covered devices for sale in California |
Read together, the two dates give retailers 2027 to sell stock that is already in the state. New supply cannot be brought in, or made for sale in California, after January 1, 2027.
Seizures, fines and licences
From January 1, 2028, a retailer’s sale of a covered device falls under the powers the California Department of Tax and Fee Administration already uses against flavored tobacco. The department or a law enforcement agency can seize the products, and the department issues a civil penalty of $50 per package seized, with higher penalties for repeat seizures. The Public Health Law Center notes that the CDTFA can also suspend or revoke a seller’s state tobacco retailer licence.
Cities, counties and the state can bring civil actions as well, with fines starting at $500 for a first violation, and the office that brings the action keeps the penalty. A violation is also an infraction punishable by a fine of up to $500. Local governments may adopt rules that go further than state law, so retailers should check city and county ordinances as well as the state dates.
Sources
18+ only. This site is for adult readers and provides news and information only. It is not medical, legal or purchase advice. Nicotine is addictive. Always check the official text of any regulation in your market. Health Information
