REPORT TITLE:
Sample Tobacco


DESCRIPTION:
Prohibits the distribution of sample cigarette or tobacco
products, cigarette or tobacco promotional materials, or coupons
redeemable for cigarette or tobacco products or promotional
materials in any public street, sidewalk, or park, or within
1,000 feet of any school. (HB294 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        294
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                        
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE DISTRIBUTION OF SAMPLE TOBACCO PRODUCTS AND
   TOBACCO PROMOTIONAL MATERIALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that as tobacco companies
 
 2 compete for shares of a shrinking domestic market, advertisements
 
 3 and promotions of cigarette and tobacco products have
 
 4 intensified, with the tobacco industry spending in excess of
 
 5 $6,000,000,000 on advertisements and promotions.  The
 
 6 distribution of brand-name promotional items is a major component
 
 7 of the tobacco industry's marketing strategy.   The legislature
 
 8 further finds that there is a direct correlation between tobacco
 
 9 advertising and under-age smoking.  Studies show that tobacco
 
10 advertising promotes smoking by using images and messages that
 
11 appeal to our children, and that they are particularly
 
12 susceptible to these images and messages.  In addition, minors
 
13 have greater recall for and are more influenced by tobacco
 
14 advertising than the adult population. 
 
15      The legislature recognizes that First Amendment rights may
 
16 be implicated by the restrictions on the distribution of
 
17 cigarette or tobacco promotional materials.  However, the
 
18 legislature believes that the State has a compelling interest in
 
19 reducing illegal sales of tobacco products to minors. 
 

 
Page 2                                                     294
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 
 1      First, the State has a compelling interest in preventing the
 
 2 tens of thousands of minors from being seduced into experimenting
 
 3 with tobacco products that all too often leads to a lifetime of
 
 4 addiction.  According to the Food and Drug Administration,
 
 5 approximately three thousand children become regular smokers
 
 6 every day.  Over eighty per cent of adult smokers started when
 
 7 they were children or adolescents.  Virtually no one first
 
 8 becomes a tobacco user after the age of twenty-one.
 
 9      Second, reducing the enormous cost of providing health care
 
10 to future generations of smokers is a compelling government
 
11 interest in supporting restrictions on tobacco advertising and
 
12 promotions.
 
13      The legislature believes that more aggressive measures are
 
14 needed to counteract the social forces that continue to induce
 
15 Hawaii's young people to use tobacco products.  In addition, the
 
16 legislature believes that the First Amendment does not protect
 
17 commercial speech that proposes an illegal transaction.  Most
 
18 smokers are initiated into tobacco use as children, develop their
 
19 tobacco habits as children, and become addicted as children, even
 
20 though it is illegal to sell tobacco products to minors.  Because
 
21 promotional items are all too often used to deliver a selling
 
22 message to children, and because there is no way to limit the
 

 
 
Page 3                                                     294
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 
 1 distribution of these products to adults, such products should be
 
 2 restricted without offending the First Amendment.
 
 3      Therefore, the purpose of this Act is to prohibit the
 
 4 distribution of:
 
 5      (2)  Sample cigarette or tobacco promotional materials and
 
 6           coupons redeemable for cigarette or tobacco promotional
 
 7           materials within one thousand feet of any school; and
 
 8      (1)  Sample cigarette or tobacco products and coupons
 
 9           redeemable for cigarette or tobacco products in or on
 
10           any public street, sidewalk, or park, or within one
 
11           thousand feet of any school.
 
12      SECTION 2.  Chapter 328K, Hawaii Revised Statutes, is
 
13 amended by adding two new sections to be appropriately designated
 
14 and to read as follows:
 
15      "�328K-    Distribution of sample cigarette or tobacco
 
16 products, cigarette or tobacco promotional materials, and coupons
 
17 redeemable for cigarette or tobacco products or promotional
 
18 materials.  (a)  It is unlawful for any person to distribute
 
19 samples of cigarette or tobacco products, or coupons redeemable
 
20 for cigarette or tobacco products, in or on any public street,
 
21 sidewalk, or park, or within one thousand feet of any elementary,
 
22 middle or intermediate, or high school.
 

 
 
Page 4                                                     294
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 
 1      (b)  It is unlawful for any person to distribute cigarette
 
 2 or tobacco promotional materials, or coupons redeemable for
 
 3 cigarette or tobacco promotional materials, within one thousand
 
 4 feet of any elementary, middle or intermediate, or high school.
 
 5      (c)  This section shall not apply:
 
 6      (1)  Within private commercial establishments, such as
 
 7           stores and restaurants, where tobacco products are
 
 8           sold, as long as such distribution is not visible to
 
 9           the public from outside the establishment; or
 
10      (2)  To commercial establishments where access to the
 
11           premises by persons under eighteen years of age is
 
12           prohibited by law.
 
13      (d)  As used in this section: 
 
14      "Distribute" means to pass out to members of the general
 
15 public free of charge for the exclusive purpose of promoting a
 
16 product.
 
17      �328K-    Violations and Penalty.  Any person convicted of
 
18 violating any provision of section 328K-   shall be fined not
 
19 more than $1,000."
 
20      SECTION 3.  New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.