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July 12, 2022

Hawaii Governor Vetoes Flavor Prohibition

July 12 update

As expected, Gov. Ige vetoed HB 1570 today, citing the same objection he expressed earlier to the exemption in the bill that would have allowed sale of flavored vape products authorized by the FDA.

Today was the deadline for the governor to veto bills sent to him from the last legislative session. Although the state legislature could override the veto with a two-thirds vote, it probably won't, since many of the bill's supporters agree with the governor that the legislation could be stronger (meaning less favorable to vapers and the vaping industry).

A similar bill without an exemption for FDA-authorized products will almost certainly be introduced in the next legislative session, which begins in January 2023.

June 29, 2022

Hawaii Governor David Ige has announced he will probably veto the ban on flavored vapes and tobacco passed by the state legislature in May. It is one of the 30 bills from the 2022 legislative session Ige, a Democrat, said he plans to reject.

Gov. Ige has until July 12 to make a final decision about the bill. If he takes no action, it will become law automatically. If he vetoes, the state legislature can override the action with a two-thirds vote. It isn’t known if bill supporters have the votes to override a veto, or if they would pursue an override.

The law, if signed by the governor, would prohibit sales of all tobacco and nicotine-containing products in flavors other than tobacco, including vaping products, cigarettes, cigars, smokeless tobacco, and nicotine pouches and lozenges. It provides fines of up to $2,000 for retailers who violate the ban.

The flavor ban includes both menthol vapes and cigarettes, but provides an exemption for nicotine products authorized through the FDA’s Premarket Tobacco Application (PMTA) pathway. (The FDA has not authorized any menthol vaping products.)

The PMTA exemption caused controversy in the state, along with other amendments proposed by state legislators supposedly friendly to the tobacco industry. Its inclusion in the bill caused many anti-tobacco (and anti-vaping) organizations to pull their support for the legislation.

“The amendment was actually requested by a person who is the registered lobbyist for Juul Labs,” Hawai’i Pacific Health Institute policy and advocacy director Amanda Fernandes told Hawai’i Public Radio. “And what this amendment does is it essentially exempts a bunch of flavored tobacco products, including many menthol cigarettes and anything that is authorized in the future by the FDA.”

Gov. Ige cited the PMTA exemption in the written explanation for his likely veto. “There was a late amendment to the definition of ‘flavored tobacco product’ in this bill which exempted certain FDA approved tobacco products,” Ige explained. “This amendment essentially renders the bill ineffective since very few products would actually be included in this ban.”

Four states have current flavored vape bans, including Massachusetts, New Jersey, Rhode Island and New York. California passed a flavor ban in August 2020, but the law is on hold until voters decide in a November 2022 referendum whether to approve the ban.

Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
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John Hastings
John Hastings
1 month ago

How fantasic! Ok so let’s see a list of flavored products that have passed PMTA:
N/A

Joe
Joe
1 month ago
Reply to  John Hastings

Right? Considering how slowly and conservatively the FDA is moving it seems that the supporters of the bill who found that unacceptable have shot themselves in the foot

John Hastings
John Hastings
1 month ago
Reply to  Joe

The FDA isn’t moving slowly these days. Enforcement has seriously cranked up. I know at least five shops that have recently been ‘visited’ and told to remove ALL non PMTA nic products within 30 days. They’re coming hard and fast people!