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Committee approves bill to require e‑cigarette manufacturers to certify FDA authorization to sell in Hawaii
Summary
HB 15‑73 HD1 passed with amendments to create a state certification directory for e‑cigarette manufacturers that mirrors FDA marketing authorizations; the Attorney General said the law would give the office inspection and penalty powers to remove unauthorized products from Hawaii shelves.
The committee voted to pass HB 15‑73 HD1, a measure requiring manufacturers of electronic smoking devices and e‑liquids to annually certify to the Attorney General that their products have FDA marketing authorization and comply with federal and state law.
Chelsea Okamoto (Deputy Attorney General, Tobacco Enforcement Unit) described the bill as “the brainchild of AG Lopez” and said it would create a state directory aligned with the FDA’s authorized‑product list. "This bill creates a directory. It runs parallel to and in lockstep with the FDA's list," she said, adding the bill would give the AG inspection and rule‑making authority and establish civil penalties for manufacturers and retailers that sell unauthorized products.
Department of Health and public‑health coalitions testified the market contains thousands of unauthorized products; the department said there are over 6,800 unauthorized products being sold and highlighted devices with nicotine loads equivalent to hundreds of cigarette packs. Supporters argued the measure would help clear unauthorized products from local shelves and strengthen enforcement tools.
Scope and enforcement: Committee members asked how the bill would address online or mail sales. The AG said HB 15‑73 targets brick‑and‑mortar retailers but can expand internet enforcement work and noted the AG’s office participates in multistate operations to detect and block unauthorized online sellers.
Committee action: The chair summarized technical amendments and added prohibitions (including offering for sale and distribution) for consistency and voted to pass HB 15‑73 HD1 with those amendments.
