State lawmakers have renewed the push to clamp down on flavored tobacco, or vaping, following legislation in 2022 that ended up being vetoed.

There are several bills that take different approaches, including criminalizing unlawful shipments, increasing the age requirement to purchase tobacco products, and establishing a higher excise tax, among other ideas.

The bills are similar to ones introduced during the past legislative session.

The latest version of House Bill 1570, introduced last session, would have banned the sale of flavored tobacco products and the selling of mislabeled nicotine-free products that contain nicotine. The bill allowed an exception for “premarket tobacco product applications.”

State Rep. Scot Matayoshi (D, Kaneohe-Maunawili), who introduced HB 1570, was committed to removing the exemption, but the bill was ultimately vetoed by then-Gov. David Ige.

Among this year’s bills:

>> The latest version of HB 551 and its companion, Senate Bill 496, prohibits the sale of flavored tobacco products and the mislabeling of e-liquids as nicotine- free.

HB 551 is backed by the legislative Keiki Caucus, and its supporters include the state Health and Education departments, American Heart Association, Hawaii State Teachers Association and American Cancer Society.

“One example (of why legislation is needed) is an elementary- level principal’s report on grade 3 and grade 4 students possessing flavored tobacco products,” schools Superintendent Keith Hayashi wrote in support of HB 551. “The students, only eight and nine years old, stated that they wanted to ‘try’ these products since they were readily available and saw many adults using them.”

But the Hawaii Smokers Alliance “strongly” opposes the measure. In written testimony that organization wrote that “the major (sic) of users of these products are Democrats. We simply can’t understand why the majority party would attack its’ own voters with a bill such as this and turn people away from their own party or to more reasonable Democrats wanting to gain office in the primaries.”

>> HB 860 raises the legal age for tobacco use and possession to 25 from 21.

>> HB 1423 includes electronic smoking devices within the definition of “tobacco products,” as used in the cigarette tax and tobacco tax law, and would establish a tax of 10% for the wholesale price for electronic smoking devices. A portion of the tax would benefit the trauma system special fund, community health centers special fund, emergency medical services special fund and tobacco enforcement special fund.

>> SB 148 bans the sale or distribution of a tobacco product and electronic smoking device to someone born on or after Jan. 1, 2003; and prohibits the purchase or possession of any tobacco product or electronic smoking device by a person underage. Fines start at $500 for the first offense.

>> SB 441 establishes an excise tax of 25 cents for e-liquid cartridges and 15% of the wholesale price of open-system e-liquid sold, used or possessed by a wholesaler or dealer on or after July 1, 2023.

>> SB 942 bans the sale of flavored tobacco products and mislabeled e-liquid products. Any retailer, agency or employee of a retailer who violates the ban will be subject to a fine up to $500. A second offense could result in fines from $500 to $2,000.

>> The latest version of SB 975 and its companion, HB 8333, establish the criminal offense of unlawful shipment of tobacco products and increases the license fees, among other provisions.

>> SB 1214 establishes a tax of 70% of the manufacturer’s list price for electronic smoking devices and e-liquid products. Its companion, the latest version of HB 537, includes electronic smoking devices and e-liquids under the definition of “tobacco products” for purposes of cigarette tax and tobacco tax law.

>> SB 1375 and its companion, HB 1077, establish the criminal offense of unlawful shipment of tobacco products. They also increase the license fee and retail tobacco permit fee. The bills are part of Gov. Josh Green’s proposals.

>> SB 1447 clarifies that county ordinances that regulate the sale of cigarettes, tobacco products and electronic smoking devices are void if they are less stringent than state law. It also clarifies that counties retain the authority to adopt ordinances that regulate the sale of cigarettes, tobacco products and electronic smoking devices as long as the ordinances are more stringent than state law.

“SB 1447 would protect keiki from tobacco addiction, save lives and advance health equity by allowing Hawaii communities to enact their own targeted tobacco control solutions,” Liza Ryan Gill, Hawaii campaign manager for the Campaign for Tobacco-Free Kids, wrote in support.

Others oppose SB 1447.

Aloha Island Mart, Minit Stop and Par Hawaii submitted joint testimony saying they “support strict enforcement of laws that prohibit the sale and distribution of tobacco products to underage persons. However, we respectfully oppose SB 1447 and its impact on piecemeal enforcement, regulation, and applicability to regulate the sale of tobacco products in Hawaii.”

The organizations also wrote that “having a uniform statewide law is preferred.”