Honolulu, Hawaii

, 2019


RE: H.B. No. 276

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Health, to which was referred H.B. No. 276 entitled:




begs leave to report as follows:


The purpose of this measure is to ban the sale or distribution of all flavored tobacco products and electronic smoking device products, including mentholated tobacco products, in the State.


The Department of Health, Department of Education, Office of Hawaiian Affairs, Office of the Prosecuting Attorney of Kauai County, Chair of the Maui County Council, Honolulu Police Department, University of Hawaii Student Health Advisory Council, Hawaii Pacific Health, Waimanalo Health Center, Hawaii Public Health Institute's Coalition for a Tobacco Free Hawaii, Lanai Community Health Center, Blue Zones Project, American Heart Association, American Cancer Society Cancer Action Network, Hawaii COPD Coalition, Hawaii State Teachers Association, Hawaii Youth Services Network, Hawaii Dental Hygienists' Association, Hawaii Primary Care Association, Friends of Kamalani and Lydgate Park Beach Cleanup Team, Hawaii Children's Action Network, Hale Opio Kauai, Keiki Injury Prevention Coalition, We Are One, Inc., Pediatric Therapies Hawaii, Hana Lima Physical Therapy, Kapiolani Smokefree Families, Mid-Pacific Institute Do What You Love Service Club, and numerous individuals testified in support of this measure. ABC Stores, VOLCANO Fine Electronic Cigarettes, Vape Kings LLC, Hi Lyfe Vaporz, LLC, Black Lava Vape, Nii Superette, Inc, Retail Merchants of Hawaii, Cigar Association of America, Inc., and many individuals testified in opposition to this measure. The Department of the Attorney General, Hawaii Food Industry Association, and one individual provided comments.


Your Committee has amended this measure by:


(1) Carving out an exception to the ban on flavored products for menthol and mentholated products;


(2) Establishing specific dollar amounts for fines for violations of this measure;


(3) Prohibiting the mislabeling of any e-liquid product that contains nicotine as nicotine free;


(4) Changing the effective date to July 1, 2050, to promote further discussion; and


(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.


Your Committee recognizes this measure has the potential to significantly impact the State's economy. Should the Committee on Consumer Protection & Commerce deliberate this measure further, your Committee on Health respectfully requests that the Department of Health work with your Committee on Finance to estimate the potential lost revenue if:


(1) A ban on all flavored products is enacted; and


(2) A ban on all flavored products, except menthol and mentholated products, is enacted.


As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 276, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 276, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.



Respectfully submitted on behalf of the members of the Committee on Health,