Legislation to ban sales of flavored nicotine products moves forward after House Health Committee passes bill

The House Committee on Health unanimously passed House Bill 756 on Friday to prohibit the sale of flavored nicotine products and the mislabeling of e-liquids as being “nicotine free.”

The bill also would establish penalties for violations and authorize the state Department of Health to contract inspectors for enforcement. The bill appropriates an unspecified amount of funding for the state to hire two full-time program specialists and a full-time hearings officer. The bill would be effective Jan. 1, 2026.

The bill’s legislative finding says tobacco use remains the leading cause of preventable disease and death in the United States. And, in Hawaiʻi, tobacco use accounts for 1,400 annual deaths and $526 million in annual health care costs attributed to smoking-related diseases, according to the Centers for Disease Control and Prevention.

Also, 81% of youth who ever used a tobacco product reported their first experience was flavored. These products promote the start of tobacco use among youth and help turn occasional youth smokers into daily smokers by reducing or masking the natural harshness and taste of tobacco products.

In written public testimony, the state Department of Health said Bill 756 is a “critical public health measure.”

“Over the past decade, the vaping crisis in Hawaiʻi has evolved and expanded to both 12 and younger and older age groups,” the department said. “The latest estimates show that current use of e-cigarettes among high school youth is at 13.2%, which is down slightly from 14.8% in two years prior. However, middle school e-cigarette use jumped significantly in the same timeframe from 6.7% to 10.3%.”

Support for the bill also came from the Department of the Attorney General and State Council on Developmental Disabilities.

Judith Clark, executive director of the Hawaiʻi Youth Services Network, a statewide coalition of youth-serving organizations, said that banning the sale of flavored tobacco products was a top priority by the youth and young adults who attended the Hawaiʻi Children and Youth Summit.

“Hawaiʻi has a high rate of youth vaping and manufacturers target youth in their marketing efforts,” she said. “Banning the sale of flavored tobacco products will reduce youth tobacco usage and prevent the serious health problems that result from tobacco use.”