Students from across the state were joined by Gov. Josh Green to urge lawmakers to pass bills outlawing disposable vapes in Hawai‘i.
At a rally at the State Capitol Wednesday, scores of keiki — members of the Coalition for a Tobacco-Free Hawai‘i Youth Council, a program of the Hawai‘i Public Health Institute — waved signs in support of several bills in the state Legislature that would mitigate an epidemic of young people becoming addicted to vapes and e-cigarettes.
Two of the bills, House Bill 2121 and Senate Bill 2175, would outright prohibit the sale of disposable vapes in the state, while another, House Bill 1573, would require vape manufacturers to certify every year that their products are in compliance with U.S. Food and Drug Administration regulations.
As written, HB2121 and SB2175 are functionally identical. Beginning in 2027, both measures would make the sale of “disposable electronic smoking devices” illegal within the state. Both bills specify that the ban only apply to devices that cannot be refilled or have a non-rechargeable battery.
Nate Hix, policy director at the Hawai‘i Public Health Institute, told Aloha State Daily that, if the bills were to pass, Hawai‘i would be the first state to implement a ban on disposable vapes. However, other nations have enacted similar bans, including the United Kingdom.
Meanwhile, HB1573 sets a series of requirements for vape manufacturers, which would have to prove every year that the FDA had issued their product a “marketing granted order,” without which it would be illegal to market their product in the U.S.
Furthermore, manufacturers would need to prove each year that each of their product lines sold in Hawai‘i are in compliance with state and federal laws, and pay $1,000 for each product line sold in Hawai‘i each year. The state Department of the Attorney General would then maintain a list of products approved to be sold in the state; any manufacturer who fails to prove a product complies with the state’s requirements would have that product de-listed.
Hawai‘i Attorney General Anne Lopez said the bill consequently allows the state to remove unlisted products from store shelves. Distributors selling unlisted products would be fined between $500 and $2,000 for each product in violation, while the manufacturer would be fined $10,000 per violation.
Students and politicians spoke Wednesday about the continued prevalence of vapes in schools, with Kohala Sen. Tim Richards — co-introducer of SB2175 — saying that more than one-third of Hawai‘i high schoolers have tried vapes, and that users are four times more likely to take up smoking.
Jeremiah Jacinto, senior at H.P. Baldwin High School, told ASD that vaping is out of control at schools, with school restrooms constantly crowded with illicit vapers.
“It’s gotten to the point where it’s a gamble whether the bathroom is closed because of all the kids vaping,” Jacinto said. “Sometimes the teachers don’t even bother trying to confiscate the vapes anymore.”
Jacinto said he could name “like 50 kids” addicted to vaping, adding that many keiki seem unable to function without a vape.
“It’s like a brain vacuum,” Jacinto said. “It’s like a phone, they can’t leave the house without one in their pocket. They’re always trying to sneak a hit in.”
Kea‘au Rep. Jeanne Kapela — co-introducer of HB2121 — called vape manufacturers “companies selling addiction disguised as candy,” adding that disposable vapes generate needless plastic waste that tends to litter Hawai‘i's beaches and shorelines.
While the lawmakers were optimistic about the bills passing — the House bills are scheduled for a Senate committee hearing on Friday, while the Senate bill passed its first of two committee hearings in the House on Tuesday — they haven’t been uniformly popular. HB2121 and SB2175 have received some opposition by a group called the Hawai‘i Smokers Alliance, which advocates against smoking bans in Hawai‘i.
Michael Zehner, co-chair of the Hawai‘i Smokers Alliance testified on HB2121, calling it a “mean spirited, anti-business mess of a bill” that will destroy local vape retailers.
Meanwhile, a handful of other vape-related bills are still alive in the Legislature, even though they were not discussed at Wednesday’s rally, including HB 1563 and SB 3076.
HB1563 would relinquish to the counties the authority to regulate the sale of tobacco products and vapes. This would allow the counties to enact local restrictions on the sale of flavored vape juice — which Jacinto said helps manufacturers target keiki — which the counties of Hawai‘i, Honolulu and Maui have already introduced but cannot actually implement.
And SB3076 would allow the Attorney General and Department of Taxation to inspect and seize tobacco products including vapes, and that untaxed vapes can be seized as contraband in the same way as untaxed cigarettes.
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