Disposable, battery-embedded vapor inhalation device: prohibition and penalties

The law targets single-use tobacco vaping devices that create battery and e-waste. It pairs a statewide sales ban with seizure, licensing, civil, and criminal penalties.

What the law does ​

• Bars importing or manufacturing new or refurbished covered devices for sale in California starting January 1, 2027.
• Bars selling, distributing, or offering covered devices for sale starting January 1, 2028.
• Defines covered devices as nonreusable tobacco vapes with embedded batteries that are not refillable or rechargeable; cannabis products and specified medical devices are excluded.
• Authorizes state and local enforcement, with civil penalties of $500 for a first violation, $1,000 for a second, and $2,000 for later violations, plus an infraction fine of up to $500.
• Allows the California Department of Tax and Fee Administration and law enforcement to seize prohibited devices from retailers; repeat seizures can suspend and then revoke a retailer’s tobacco license.
• Imposes a $50-per-device retailer penalty for seized prohibited devices and directs collected penalties to the Cigarette and Tobacco Products Compliance Fund.

Who it affects ​

• Manufacturers, importers, distributors, and retailers of disposable tobacco vapes with nonreplaceable batteries.
• Consumers seeking to buy disposable tobacco vapes in California.
• State and local enforcement offices pursuing violations.

Breakdown ​

Disposable Vape Device Ban ​

Starting January 1, 2027, the bill bans importing or manufacturing for sale new or refurbished disposable vapor devices with built-in batteries that contain tobacco products. Starting January 1, 2028, it also bans selling, distributing, or offering these devices for sale in California. Cities, counties, and the state may enforce the ban through civil penalties, and violations can also be charged as infractions with fines of up to $500.

Key takeaways

• The bill covers disposable, battery-embedded vapor devices containing tobacco products, but does not cover cannabis or cannabis products.
• Importing or manufacturing covered devices for sale in California is prohibited beginning January 1, 2027.
• Selling, distributing, or offering covered devices for sale in California is prohibited beginning January 1, 2028.
• Cities, counties, city and county governments, and the state may enforce the ban and impose civil fines, including $500 for a first violation.
• A violation is also an infraction punishable by a fine of up to $500, and these penalties can be imposed in addition to other available remedies.
• Civil penalties generally go to the government office that brings the enforcement action, and the Attorney General may recover state-agency enforcement costs from liable persons.

Penalties for Disposable Vape Sales ​

Beginning January 1, 2028, the bill applies existing enforcement rules for illegal flavored tobacco sales to retailers that unlawfully sell or offer for sale disposable battery-embedded vapor inhalation devices containing tobacco products. These devices may be seized, and retailers may face the same per-package civil penalties that apply to seized flavored tobacco products. The bill also includes a contingent technical change that applies only if AB 2667 also becomes law and this bill is enacted last.

Key takeaways

• Starting January 1, 2028, unlawful retail sales or offers to sell covered disposable battery-embedded vapor inhalation devices are subject to existing tobacco-product enforcement rules.
• A covered device contains a tobacco product and has a battery embedded in the disposable device.
• State tax officials or law enforcement may seize covered devices when the retailer’s conduct falls within the existing seizure rules.
• Retailers can face the existing civil penalties calculated per individual package, with higher penalties for later seizures.
• Civil penalties collected under these rules continue to go into the Cigarette and Tobacco Products Compliance Fund.
• A related change to Business and Professions Code Section 22974.2 takes effect only if AB 2667 is enacted and this bill is enacted last.

No State Reimbursement ​

This part says the state will not reimburse local agencies or school districts for costs created by this law. The bill gives a specified reason for excluding reimbursement under California’s mandate-reimbursement rules.

Key takeaways

• Local agencies and school districts will not receive state reimbursement for costs imposed by this act.
• The bill makes an express exception to California’s usual reimbursement process for certain state-mandated costs.
• This provision addresses funding responsibility rather than changing the underlying device restrictions or penalties.