A new California law will prohibit sales of disposable vapes. Here’s why

Throwaway vapes will be illegal in California under a new law Gov. Gavin Newsom signed this week that’s aimed to reduce the risk of battery fires at landfills and recycling centers.

Retailers and distributors found breaking the law would be fined $500 for the first violation and as much as $2,000 for subsequent violations.

Assemblymember Jacqui Irwin, a Thousand Oaks Democrat, introduced the bill to curb the proliferation of hazardous waste — particularly the highly flammable lithium batteries inside e-cigarettes, which can ignite at trash facilities and put workers at risk.

The batteries “cannot easily be removed, so they pose costly and hazardous safety issues at every point in the waste stream,” she said during a June hearing. “We do not throw away our phones or our laptops after one week of use, and we should not treat other lithium devices any differently?”

About 12 million disposable vapes are sold nationally every month, according to the Centers for Disease Control and Prevention. In 2016, a lithium battery started a fire in a San Mateo County recycling facility, costing it $8.5 million and driving up its annual insurance cost by almost $3 million. In addition to anti-smoking and healthcare groups, waste management authorities and environmental advocacy organizations supported the measure.

“The growing vape crisis is posing an existential threat to our waste and recycling system,” said Nick Lapis of Californians Against Waste, a co-sponsor of the bill. “Even if managed responsibly, this is a staggering waste of the finite natural resources that go into making them.”

Residents also end up absorbing the cost of the fires e-cigarettes cause in garbage facilities, through higher garbage rates and taxpayer-funded cleanups, Lapis said.

Law enforcement groups, business groups including the California Business Roundtable and the California Chamber Of Commerce and an industry group representing convenience stores and gas stations opposed the measure.

Referring to a June report from Zurich Insurance UK, an insurance company, that found that fires originating from vapes are still rising in the United Kingdom despite a 2025 ban on disposable vapes, Alessandra Brichetto of the California Fuels & Convenience Alliance said that disposable vapes that are already illegal are the source of most of the litter and fires the measure attempts to curb.

Banning the limited number of legal disposable devices would also push consumers to buy illicit vape products, said Brichetto.

“That’s the fundamental flaw in this bill,” she said. “It assumes eliminating the legal market eliminates the problem. It doesn’t.”

Most Republican lawmakers also voted against the bill. In her opposition to the bill, state Sen. Shannon Grove said that the true issue is burning batteries, like the 2025 fire at the Moss Landing battery storage facility, which “cause catastrophic health impacts to communities.”

“We need to start to make a real difference in the issue of climate change, contamination in our air,” said the Bakersfield Republican during an August floor vote. "So let's take on real challenges, colleagues, and not just banning vapes.”

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.