Prohibits the sale and distribution of flavored cigarette products. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that there has been a proliferation of flavored tobacco products marketed by cigarette manufacturers in recent years. Many of these products have fruit, chocolate, honey, candy, mint, cocoa, 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, 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 promotes the incidence of smoking among children. The earlier an individual begins using tobacco products, the more likely he or she will become addicted to and use them throughout his or her lifetime. This presents a significant threat to public health and increases health care costs.

The purpose of this Act is to prevent children from smoking by prohibiting the sale and distribution of flavored cigarette products.

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, the terms:

"Characterizing flavor" means any distinguishable taste or distinctive natural or artificial taste, flavor, smell, or aroma, other than tobacco or menthol, which emanates from or is imparted by the cigarette, the cigarette's smoke, or any of the cigarette's component parts at any time prior to or during consumption.

"Component parts" includes, but is not limited to, the tobacco, filter, roll, paper, or any natural or artificial substance or additive that is inserted or added to the tobacco, filter, roll, or paper.

"Constituent" means any essential part, component, or element.

"Distribute," "distributes," or "distribution" means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.

"Entity" means one or more individuals, a company, a corporation, a partnership, an association, or any other type of legal entity.

"Sale" means every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, to the Internet or other online service.

§   -2 Prohibition. No entity shall sell, offer for sale, or distribute in this State or to any person in this State any cigarette or any component part thereof containing a natural or artificial constituent or additive that causes the cigarette, 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 section. 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 section, may enjoin further sale or distribution by the defendant. Each act of sale or distribution in violation of this chapter shall be a separate violation and one for which the State shall not be required to furnish a bond. 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 fees. Nothing in this section precludes the State or any other person from pursuing any other claims, remedies, or actions available by law."

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 approval.