California and New Jersey advance bills to curb vape-waste risks tied to facility fires

Key Takeaways

• California’s State Assembly passed a bill to ban disposable vape pens, citing litter reduction and fire prevention goals.
• New Jersey’s legislature reintroduced an extended producer responsibility bill for e-cigarettes.
• Product Stewardship Institute pilots in New York and Missouri seek safer management of vape waste.
• Vapes are described as difficult to identify in waste streams and can leak chemicals such as nicotine and certain metals; lithium-ion batteries are cited as a leading cause of facility fires.
• Fire Rover partner Ryan Fogelman counted 448 publicly announced waste and recycling facility fire incidents in the US and Canada in 2025; SWANA and NWRA plan a March 11 webinar with him.

2Firsts, February 5 2026

According to WasteDive, state lawmakers and recycling groups are seeking to address safety issues from vape waste in 2026 through a mix of new legislation, take-back programs and educational outreach, responding to fires at waste and recycling facilities linked to the “vape effect.”

California State Assembly passed a bill last week to ban disposable vape pens, aiming to reduce litter and prevent fires at waste and recycling facilities. It also notes that New Jersey’s legislature recently reintroduced its extended producer responsibility bill for e-cigarettes. In addition, ongoing pilot programs from the Product Stewardship Institute in New York and Missouri are intended to help manage this complicated waste stream more safely.

Vape pens, also called e-cigarettes, are described as a leading cause of waste and recycling facility fires due to the lithium-ion batteries inside. The devices are said to be difficult to identify on tipping floors and in processing equipment, and they can leak harmful chemicals including nicotine and certain metals. 

Ryan Fogelman, a partner at Fire Rover, is quoted as saying the rising popularity of vape pens—particularly single-use models—is creating a “vape effect” that is accelerating the number of fires at waste and recycling facilities. Fogelman is also described as tracking publicly announced facility-fire incidents across the United States and Canada; he counted 448 incidents in 2025, calling it the worst year since he began compiling data in 2016.

While multiple factors can contribute to facility fires, Fogelman describing vapes as a “relentless” and growing source in the waste and recycling industry, and saying waste and recycling operators are left to handle these hazards.

The Solid Waste Association of North American (SWANA) and the National Waste & Recycling Association (NWRA) are said to have announced a joint effort last year to address lithium-ion battery disposal issues, and to have expressed general support for take-back programs and educational initiatives. SWANA and NWRA will co-host a webinar with Fogelman on March 11 to discuss his latest facility-fire research.

Image Source: WasteDive