Prohibits the sale and distribution of flavored tobacco products. (SB2503 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that there has been a proliferation of flavored tobacco products in recent years. Many of these products contain fruit, chocolate, honey, candy, mint, cocoa, dessert, herb, spice, or other flavors that are particularly attractive to children. According to public health experts, children are more likely to choose flavored tobacco when they start smoking or use other tobacco products, in part, because the product names for flavored tobacco products are similar to product names for candy, drinks, and other products marketed directly to children.

The legislature further finds that the existence of these products increases the incidence of tobacco use among children and that the earlier that an individual begins using tobacco products, the more likely the individual will become addicted to and use them throughout the person's lifetime. As a result, flavored tobacco products result in:

The purpose of this Act is to prohibit the sale and distribution of flavored tobacco products because the legislature finds that tobacco flavorings present a significant threat to public health.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

§   -1 Definitions. As used in this part, unless the context otherwise requires:

"Characterizing flavor" means a distinguishable taste or aroma, other than tobacco, menthol, or clove, imparted either prior to or during consumption.

"Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco a portion of which is inserted into the mouth.

"Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary condition of use, and consists of or contains:

"Component parts" includes but is not limited to the tobacco, filter, and paper in a cigarette.

"Constituent" includes a smoke constituent.

"Smokeless tobacco" means chewing tobacco or tobacco snuff.

"Tobacco snuff" means a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user.

§   -2 Prohibition. No person shall sell, offer for sale, or distribute in this state or to any person in this state any cigarette, smokeless tobacco product, or any component part thereof containing a natural or artificial constituent or additive that causes the cigarette or smokeless tobacco product to have a characterizing flavor.

§   -3 Remedies. The attorney general may institute a civil action in the name of the State in the circuit court for an injunction prohibiting a violation of this chapter. If the court grants an injunction in accordance with this section, the State shall not be required to furnish a bond. The court, upon notice to the defendant in compliance with the Hawaii rules of civil procedure and upon proof that the defendant has violated this chapter, may enjoin further sale, offering for sale, or distribution by the defendant. The court may impose a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may recover costs and disbursements, including costs of investigation and reasonable attorney's fees. Nothing in this section shall preclude the State or any other person from pursuing any other claims, remedies, or actions available by law.

§ -4 Presumption. The fact that the cigarette or a component part of a cigarette is labeled, advertised, promoted, or marketed as having and producing any characterizing flavor shall be prima facia evidence that the entity engaged in the conduct prohibited by this chapter with knowledge of the character and nature of the cigarettes that are being sold, offered for sale, or distributed."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect on January 1, 2007.