AB 762 arrives at a pivotal moment for US vape regulation. While California moves to restrict disposables at the state level, the federal government is moving in a different direction on authorized products.
FDA Authorizes Juul 2 — A Contrast in Approaches
On August 28, 2026, the FDA authorized the JUUL2 e-cigarette system through the PMTA pathway — Juul's first new device clearance in over a decade. The JUUL2 includes tobacco- and menthol-flavored pods at 1.6% nicotine concentration (16 mg/mL) and features a built-in age verification system. The company submitted its PMTA applications in 2023 and plans additional filings for 5% nicotine products.
Public Health Pushback
The American Lung Association issued a statement on September 8, 2026, opposing the FDA's recent wave of flavored e-cigarette authorizations. The organization cited data showing that approximately 90% of youth vapers use flavored products and urged the FDA to stop authorizing flavored tobacco products, including mint and menthol. The ALA argues that the FDA is prioritizing adult access to alternatives over youth protection, without sufficient evidence that the benefits outweigh the risks.
State-Federal Split Creates Fragmentation
The contrast is stark: while the FDA authorizes new products at the federal level, California is restricting products at the state level. This creates an increasingly fragmented regulatory landscape where a product could be federally legal but state-banned — or vice versa. For a comprehensive look at which products have FDA authorization, see our upcoming FDA-authorized vapes complete list.
Other States Watching
If Newsom signs AB 762, other states with flavored tobacco restrictions — New York, Massachusetts, New Jersey, and Rhode Island — may consider similar disposable-specific bans. The bill's environmental framing (avoiding the flavored tobacco debate) could make it a template for states that have been hesitant to pass flavor restrictions but are concerned about electronic waste and battery fires.
Prediction
If signed, expect legal challenges from industry trade groups citing federal preemption under the Tobacco Control Act. However, courts have generally upheld state-level tobacco restrictions that don't directly conflict with federal law, suggesting AB 762 would survive initial challenges. The two-year phase-in period also gives the industry time to adapt — a concession that may reduce the intensity of legal opposition compared to an immediate ban.
