Honolulu, Hawaii

, 2019


RE: S.B. No. 1009

S.D. 2

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 S.B. No. 1009, S.D. 2, entitled:




begs leave to report as follows:


The purpose of this measure is to prohibit the sale or distribution of all flavored tobacco products, including tobacco products with menthol, in the State.


The Department of Health, Office of Hawaiian Affairs, Department of Education, University of Hawaii Student Health Advisory Council, Councilmember representing District 3 of the Hawaii County Council, Councilmember representing Upcountry of the Maui County Council, County of Hawaii Office of the Prosecuting Attorney, Hawaii Pacific Health, The Man Cave, Waimānalo Health Center, Alexander Academy of Performing Arts, Emma Whitney Photography, Friends of Kamalani and Lydgate Park, Pediatric Therapies Hawaii, Bridge Club Hawaii, Kahoomiki, Hawaii Youth Services Network, Hawaii Maternal and Child Health Leadership and Education in Neurodevelopmental Disabilities Program, Hawaii Primary Care Association, Hawaii Dental Hygienists' Association, American Heart Association, Hawaii Pacific Health Institute's Coalition for a Tobacco Free Hawaii's Youth Council, Hawaii Public Health Institute, Keiki Injury Prevention Coalition, Blue Zones Project-Hawaii, Hawaii COPD Coalition, Coalition for a Drug-Free Hawaii, Hawaii Children's Action Network, Hawaii State Teachers Association, American Cancer Society Cancer Action Network, Pioneering Healthier Communities of Honolulu, Hawaii Public Health Association, Mid-Pacific Institute Do What You Love Service Club, and numerous individuals submitted testimony in support of this measure.


Hawaii Petroleum, Irie Hawaii, Black Lava Vape, Hi Lyfe Vaporz LLC, VOLCANO Fine Electronic Cigarettes, Retail Merchants of Hawaii, Hawaii Petroleum Marketers Association, Cigar Association of America, Inc., Hawaii Smokers Alliance, and many individuals submitted testimony in opposition to this measure.


The Department of the Attorney General and Hawaii Food Industry Association submitted comments on this measure.


Your Committee has amended this measure by:


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


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


(3) Changing its effective date to July 1, 2050, to promote further discussion; and


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


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 S.B. No. 1009, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1009, S.D. 2, H.D. 1, and be referred to your Committees on Consumer Protection & Commerce and Judiciary.



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