AB 1659: Sale of small electronic devices: charging devices.

Existing law regulates various business activities and practices, including the sale of telephones. Existing law requires a smartphone, as defined, that is manufactured on or after July 1, 2015, and sold in California after that date, to provide certain functionality, as specified.

This bill would prohibit a manufacturer from selling a small electronic device, as defined, for the first time, and first sold in California, on or after January 1, 2026, unless that small electronic device meets certain criteria, including being equipped with a USB Type-C receptacle, as specified. The bill would require a wholesaler or retailer of a small electronic device manufactured on or after January 1, 2026, to offer to make the sale without a charging device, and to display, as specified, a certain pictogram information depending on the existence and specifications of an included charging device. The bill also would require the wholesaler or retailer to provide a specified purchaser with certain information relating to the wired charging devices that can be used with the small electronic device, as specified.

The bill would exempt from its provisions the sale of a secondhand small electronic device, the sale of a laptop before July 1, 2026, and the sale of a small electronic device of a specified size. The bill would authorize an action brought exclusively by the Attorney General, a district attorney, a county counsel, or a city attorney. The bill would entitle a prevailing plaintiff in the action to injunctive relief and reasonable attorneys fees and costs.

The bill would state that any waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would state that its provisions are severable. The bill would also make related findings and declarations.