In its original form, House Bill 1570 was fairly straightforward. It would have banned the sale and distribution of flavored tobacco and vaping products in Hawaii, on the premise that the flavors — which include such delights as candy, fruit, chocolate and mint — entice children to use them.
There is strong evidence to support that conclusion. The state Department of Health (DOH) cited 2019 (pre-pandemic) studies that showed a significant increase in the use of e-cigarettes by children: a 22% increase for high school students and a 13% increase in middle school. Moreover, 31% of high school and 18% of middle school students reported using e-cigs in the past 30 days.
Without strict regulation, the numbers could keep trending upward. Many of the flavored tobacco and vaping products include highly addictive nicotine, both from tobacco and synthetic sources. And, as in 2019, students are back in school full-time.
The original bill had broad support among advocates for youth, health agencies (including DOH) and anti-smoking organizations.
On the other side were vaping manufacturers, industry groups and retailers, who put up a fierce fight. They argued, essentially, that it’s not their problem: Sales already are prohibited to children, so government should just enforce the law. Of course, the more these products flood the market, the easier it will be for children to get them, making law enforcement exponentially more difficult.
Unfortunately, the legislative sausage-making process resulted in a weakened bill.
After HB 1570 was introduced, the House health committee, chaired by Rep. Ryan Yamane, inserted a long list of bureaucratic busywork: Elaborate testing requirements to detect flavorings; a take-back program for schools; quarterly meetings with students statewide; and detailed monitoring and monthly reports of online sales of tobacco and vaping products, among other things.
The Senate version did not include these unnecessary requirements, but added an exception for certain products that already cleared the federal Food and Drug Administration’s (FDA) approval process. This version was approved by the House and sent to the governor.
That FDA loophole was a source of disappointment for those who hoped for stronger measures.
Still, the watered-down restrictions could be better than nothing, particularly if the FDA tightens its own restrictions, which it is considering.
“It’s not a perfect bill, but it is certainly a step in the right direction and better than the status quo of no flavored vaping regulation,” said state Rep. Scot Matayoshi, a sponsor of the original bill. We hope so. He also promised to do better next session. We hope so, too.
