Disposable, battery-embedded vapor inhalation device: prohibition.

Assembly Members Irwin and Wilson's proposal to ban disposable, battery-embedded vapor inhalation devices in California establishes new restrictions on the sale and distribution of these products starting January 1, 2026. The legislation defines these devices as non-reusable vaporization units that are either non-refillable or contain non-rechargeable batteries.

The bill creates a tiered penalty structure for violations, with fines ranging from $500 for first offenses to $2,000 for third and subsequent infractions. Cities, counties, and state agencies may enforce these provisions, with collected penalties directed to the enforcing entity. The California Department of Tax and Fee Administration and Department of Cannabis Control receive authority to suspend or revoke licenses of vendors who violate the prohibition when selling tobacco or cannabis products.

The measure exempts certain medical devices, including Class I devices predominantly used in healthcare settings and Class II or III devices as defined by federal law. The Attorney General may recover enforcement costs from violators upon request from state agencies. These new provisions supplement existing remedies available under state unfair competition laws, creating multiple paths for enforcement while maintaining current consumer protections.