May 09, 2022
HB1570 – A Hawaiian state bill, has passed their Senate. Originally proposed in January, 2022, the bill bans any flavored nicotine product from their state, which would ban flavored vapes from Hawaii.
All products containing nicotine, such as lozenges, cigarettes, e liquid, and disposables are no longer allowed to have any flavors that are not tobacco flavors. The ban does mention menthol flavors in particular are not allowed, as menthol flavors were generally exempt from flavor bans to allow the sale of menthol cigarettes.
Currently, the bill allows for any product authorized by the FDA’s PMTA process to be sold. This means, if any menthol flavored vapes are authorized by the FDA, they would be legal in Hawaii. However, the FDA has not authorized any menthol flavored vapes, and the status of menthol vapes in the FDA’s plans is currently unclear. The clause allowing for FDA approved vapes has made the HB1570 unpopular with anti-vape advocates. There are currently plans to introduce additional legislation which will ban FDA approved products as well.
When the governor signs the bill into law, Hawaii would be the fifth state to ban flavored vapes. The other states where flavored vapes are banned include Massachusetts, New Jersey, Rhode Island, and New York. Although a flavor ban has passed legislation in California, it requires voter approval to officially become law. The voting period for California will take place in November, 2022.
Once HB1570 is approved by the governor, it will become law and flavored vapes will officially become illegal in Hawaii.
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