STAND. COM. REP. NO. 512-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2347

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 2347, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FLAVORED TOBACCO PRODUCTS,"

beg leave to report as follows:

The purpose of this measure is to:

(1) Ban the sale of flavored tobacco products, except for menthol and liquid or like substances with a distinguishable taste or aroma of tobacco or menthol;

(2) Prohibit the mislabeling, sale, or marketing as nicotine-free any e-liquid product that contains nicotine; and

(3) Specify penalties for violations.

Your Committees received testimony in support of this measure from the Department of Health; Honolulu Police Department; Hawaii State Teachers Association; Hawaii Youth Services Network; American Heart Association; Hawaii Primary Care Association; Keiki Injury Prevention Coalition; Hawaii Association of Independent Schools; Hawaii Dental Hygienists' Association; The Friends of Kamalani and Lydgate Park; Hawaii Pacific Health; The Man Cave; Hawaii Chapter of the American Academy of Pediatrics; Coalition for a Tobacco-Free Hawaii; Filipino Business Women's Association; American Cancer Society Cancer Action Network; Filipina Advocacy Network; Pediatric Therapies Hawaii; Hawaii Substance Abuse Coalition; Pearl City Neighborhood Board; Hawaii – American Nurses Association; Kahoomiki; Emma Whitney Photography; American Lung Association; Hawaii Children's Action Network; Hawaii Petroleum Marketers Association; Hawaii Community Foundation; Blue Zones Project; Pioneering Healthier Communities Initiative; Hui No Ke Ola Pono; Flavors Hook Kids- Hawaii; Pono Hawaii Initiative; WeAreOne, Inc.; numerous individuals; and a petition signed by over one hundred individuals. Your Committees received testimony in opposition to this measure from the Hawaii Food Industry Association; Irie Hawaii Stores; Hawaii Smokers Alliance; Vape Kings, LLC; and numerous individuals. Your Committees received comments on this measure from one individual.

Your Committees find that the rate of using e-cigarettes in the State among youth is twice the national average, with sixteen percent of middle schoolers and twenty-six percent of high schoolers using e-cigarettes and other electronic smoking devices. Your Committees further find that eighty-one percent of youth who have ever used a tobacco product report that the first tobacco product they used was flavored. Flavored tobacco products, like flavored e-cigarettes, have been glamorized to appeal to youth, using flavors like candy, fruit, Maui mango, and shaka strawberry.

Your Committees also find that given the significant threat to public health posed by flavored tobacco products, a growing number of jurisdictions have introduced and passed legislation to regulate the sale of flavored tobacco products. This measure regulates the sale of these products in the State, which will reduce tobacco-related health disparities and address the youth vaping epidemic.

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2347, H.D. 1, and recommend that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ CHRIS LEE, Chair

____________________________ ROY M. TAKUMI, Chair