Joint committees advance HB 756 HD1 to ban flavored tobacco sales with amendments

Honolulu — A joint hearing of the House Committee on Commerce & Consumer Protection and the House Committee on Judiciary & Hawaiian Affairs on Feb. 7 advanced House Bill 756, House Draft 1, a measure to end the sale of flavored tobacco products in Hawaii.

The bill drew broad public-health support and opposition from retail groups and some small businesses. Chelsea Okamoto, Deputy Attorney General assigned to the Tobacco Enforcement Unit, testified the Department of the Attorney General “is in support of this bill” and proposed an oral amendment to correct a statutory cross-reference, asking that a reference be changed to section 26–38 and that the bill include repeal of section 328J‑11.5 to allow counties to enact more stringent local flavor restrictions.

The measure’s public-health supporters described rising youth use and nicotine addiction as the driving rationale. Jill Thomasherl, testifying for the Hawaii State Department of Health and speaking for Dr. Kenneth Link, said the agency is “in support of HB 756 HD 1” and highlighted increases in middle- and high-school e-cigarette use and concern about high nicotine content. Dainsha Bartolos, Executive Director of the Hawaii State Council on Developmental Disabilities, said flavored tobacco “is tailored to the children” and urged passage. Youth and advocacy groups also spoke; Luki Tamura for the Coalition for Tobacco Free Hawaii Youth Council urged lawmakers to “listen to those most impacted—our youth,” and Liza Ryan Gill of Campaign for Tobacco Free Kids cited declines in e-cigarette sales in other states after flavor restrictions.

Retail and business groups urged a different approach. Tina Yamaki of Retail Merchants of Hawaii warned of economic effects and suggested focusing on enforcement of age restrictions and education. Multiple small-business testifiers and wholesalers argued a ban would push sales into illicit markets and remove products some adult smokers use for cessation.

Committee discussion and amendments: Committee members and staff reviewed technical language and implementation details. The committee agreed to substitute corrected statutory cross-references (as requested by the Department of the Attorney General), to add a repeal of HRS section 328J‑11.5 (as proposed in testimony) so counties may enact stricter rules, and to include language that the cost of proper disposal of electronic smoking devices and e-liquids as hazardous waste “shall be borne by the retailer.” The committee also noted appropriation amounts and position (FTE) numbers would be listed in the committee report and that effective dates would be defected for later specification.

Votes and outcome: The bill was voted out of the Commerce & Consumer Protection committee with amendments and then voted out of Judiciary & Hawaiian Affairs with the same recommendation. Chair Matayoshi and Chair Tarnas were recorded voting in favor; Representative Shimizu recorded her vote “with reservations.” The committee report will include the adopted amendments and the corrected statutory citation requested by the Attorney General’s office.

Why it matters: Supporters framed the bill as a public-health response to youth nicotine addiction and the role of flavors—especially menthol—in starting and sustaining tobacco use. Opponents argued the policy would harm small retailers and adult smokers who rely on flavored alternatives for harm reduction and urged strengthened enforcement of age limits instead of a sales ban.

What’s next: The measure was advanced with amendments to the next legislative step (finance or further floor action) and will be reported with the committee’s adopted technical and policy changes.