Hawaii is in the final stages of a bill that would ban all flavored tobacco products, including vaping devices. If signed into law by Governor David Ige, the ban would take effect in July 2022.
The bill drew strong opposition from vapor industry leaders who argue it will fuel a new black market and deprive responsible adults of the products they need to quit smoking. Public health advocates also warn that a flavor ban would undermine the effectiveness of clean air policies and displace effective smoking cessation therapies.
Flavored E-Cigarettes
If Governor David Ige signs the bill passed by the Hawaii House in May, Hawaii will become the fifth state to ban flavored e-cigarettes. California, Massachusetts, New Jersey, and Rhode Island have already banned flavored products to protect their citizens from health risks.
The bill aims to minimize harmful tobacco products that target youth, and it would also ban mislabeling of nicotine-free vape products as nicotine-containing. The law has the support of 120 organizations, including the American Heart Association, the American Lung Association and the Hawaii Public Health Institute.
However, the law is facing challenges from both sides of the aisle. Some members of the legislature have received money from tobacco and vaping companies, urging them to include amendments that would make the bill more protective of consumers.
The bill is a significant blow to the local vapor industry, which relies on sales of these products for tax revenue and job creation. Vape shops are largely owned by small entrepreneurs, and the bill will likely put hundreds of them out of business.
Flavored E-Cigarette Flavors
E-cigarette manufacturers are increasingly offering a variety of flavors to appeal to vapers, from fruit and candy to coffee and alcoholic drinks. These flavors can be found on cigarette brands or in flavored e-cigarettes, which allow users to choose their own nicotine level and fill their e-cigarettes with the flavor of their choice.
While a number of studies have shown that flavors can help adults taper their use of cigarettes, these products are also viewed as deceptive and can lure youth to tobacco. In Hawaii, lawmakers are considering a bill that would outlaw flavored e- cigarettes.
HB 1570 passed the House of Representatives and is now headed to Governor Ige’s desk, though it has been amended by legislators who believe that it doesn’t go far enough. One of the main amendments is a carveout that allows flavored e-cigarettes to be sold in retail stores until the FDA finishes its premarket review. While this may sound reasonable to some public health groups, others are concerned that the exemption could favor big tobacco companies with the resources to obtain FDA approval for a flavored e-cigarette product.
Flavored E-Cigarette Manufacturers
The e-cigarette industry is rapidly transforming into a multibillion dollar business. Its rapid growth is driven by a booming youth market and a lack of government regulation.
In Hawai’i, there are several manufacturers of flavored e-cigarettes. These products range from cartridge-based pods or vapes to JUUL, the brand most popular among Hawaii youth.
Many of these e-cigarettes come in fruit and dessert flavors. Some include Hawaiian flavors like orange soda, apple mui, Kona coffee, Maui mango, shaka strawberry and lychee ice.
There is also a growing trend of youth decorating and personalizing their e- cigarettes, often by using thin sticker-like “skins” in Hello Kitty(r) or camouflage designs.
As the e-cigarette industry becomes increasingly competitive, it is important that states ban flavored e-cigarettes. This will reduce tobacco use and increase public health protections for smokers. It will also make it more difficult for people to buy e- cigarettes on the black market and avoid sales taxes.
Flavored E-Cigarette Retailers
Despite the fact that Hawaii is one of the most popular vacation destinations in the world, it has the highest rates of tobacco and vaping use among young people. This has led to a number of laws being passed in order to combat the problem.
HB 1570, the bill that was recently passed by the Hawaii House, is a sweeping ban that would effectively ban all flavored e-cigarettes and menthol cigarettes. Although the bill received an initial endorsement from the Hawaii Public Health Institute, a few public health organizations have publicly opposed the bill.
The bill is also criticized for its carveout from the PMTA. Several public health nonprofits have warned that the exemption will allow deep-pocketed tobacco companies to get FDA approval for flavored e-cigarettes.
This will make it easier for teens to bypass age verification and purchase products from unauthorized sources. It could also spur a black market, as is seen in other states with flavor bans.