Hawaii’s Keiki Caucus is the nation’s longest- running legislative caucus focused on promoting public policy benefiting children’s health, safety, education and related matters. Among the issues figuring prominently in its current set of sponsored bills: vaping.
While many adults have kicked a tobacco habit by switching to electronic cigarettes, vaping is now threatening to hook a younger generation on nicotine. The National Youth Tobacco Survey found youth vaping surged 78% between 2017 and 2018, with Hawaii’s schoolchildren buying in at alarming rates exceeding national averages.
A 2017 state Health Department study found 16% of middle schoolers and 26% of high school students were current e-cigarette users. And the number of high school students experimenting jumped four-fold between 2011 and 2015.
Three vaping-focused proposals spotlighted by the Keiki Caucus, and carried over from last year’s legislative session, deserve support.
Senate Bill 1009 would ban the sale of flavored e-liquids, except for menthol products. In recent years, the inventory of candy-store flavors has exploded, often with packaging that mimics popular candies, like Sour Patch Kids. Among the many offerings aimed at the local market: Maui mango and Molokai hot bread with cherry jam.
Given the significant health threat, a growing number of jurisdictions have passed legislation for tight regulations on these products, which first surfaced in the marketplace about a decade ago, advertised as a potentially safer — albeit unregulated — alternative to tobacco cigarettes. Hawaii should do the same.
Senate Bill 1016 would prohibit the sale of e-cigarette and tobacco products at businesses located within 750 feet of school, preschool or public playground. In written testimony, the nonprofit Hawaii Public Health Institute pointed out that at least a half-dozen public schools are situated much closer. Farrington High School, for example, is 400 feet from an e-cigarette retailer.
This ban is needed to eliminate daily exposure to advertising and product display that leave kids with the impression that tobacco and vaping is fun and accessible, thereby encouraging experimental uses.
House Bill 387 includes a provision that aims to block the shipment of tobacco and e-cigarette products to anyone other than a licensee. In Hawaii, the legal age for purchase of both is 21. If effectively enforced, this measure could close a gaping loophole through which online sellers rely on a flimsy honesty-based system of button clicks to verify customer age.
Last year, a bill that would’ve required teachers to confiscate vaping products and create a safe harbor program for disposal was rightly vetoed by Gov. David Ige, due to its burden on schools and punitive aspects toward students. This year, lawmakers are weighing a second-try proposal, which also seems to fall short.
House Bill 2049 would authorize public school educators to seize the items and coordinate with county police in regards to proper disposal.
With a zero-tolerance policy for tobacco and vaping already in place on state Education Department campuses, transportation and during school-sponsored activities, it makes more sense for Hawaii law to target point-of-sale regulations, which is proving to be a successful strategy in other states.
At the federal level, the Trump administration last month announced a ban on the sale of e-cigarette fruit and mint flavors, but only those that are sold in closed cartridges. The loose policy leaves open the sale of flavored fluids in larger, tank-style products — allowing youths to simply adapt.
The bills backed by the Keiki Caucus are worthy of continued debate as, clearly, more needs to be done to discourage vaping among youth in Hawaii.
