The Overview

Think that sleek gadget in a student's backpack is just a marker or a snack wrapper, when it's actually a vape built to look like everyday stuff? A California law signed September 28 bans marketing or selling vapes disguised as non-vape products to hide them from parents and teachers, and violators face civil fines starting at $1,000. ​

California's Assembly Bill 2667, which bans disguised and video-game vapes and sets new disposal rules for confiscated devices, became law when Gov. Gavin Newsom (D) signed it Sept. 28. NPR reported in 2019 that discarded vaping products have created a waste-management problem for schools and cities, because their nicotine and lithium batteries can pose hazards when thrown away improperly.

What the Law Does

The law bans marketing, distributing, or selling any vape product in California that imitates a non-vape item to hide its nature from adults, or that includes interactive video-game capabilities. A first violation carries a civil penalty of $1,000; a distributor faces $50,000 per violation. Violators also commit an infraction punishable by a fine of up to $500.

Schools are exempt from registering with the state Department of Toxic Substances Control or carrying a hazardous-waste manifest when transporting confiscated devices. Vape pens and devices confiscated from students must travel in closed containers bearing the school's Environmental Protection Agency identification number, and household hazardous waste facilities must follow conditions that determine how many of them they can accept without exceeding weight limits; through January 1, 2030, the state's Department of Toxic Substances Control must evaluate opportunities to increase safety and convenience in managing and disposing of them and identify any recommendations that require future legislation.

Legislative Status

Republican Assemblymember Heather Hadwick authored the bill, and at least three Democrats and two other Republicans co-authored it, reflecting bipartisan support.

The Assembly passed the bill 76-0 on May 28, the Senate passed it 40-0 on Aug. 30, and the Assembly concurred in Senate amendments 78-0 the same day.

Assemblymember Heather Hadwick said in April that AB 2667 had passed both policy committees unanimously, and the Rural County Representatives of California later reported that the governor signed the bill.

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