Office of the Governor – News Release – Gov. Green Enacts Laws to Regulate Tobacco Use and Electronic Smoking Devices

HONOLULU - Governor Josh Green today signed into law complementary measures aimed at regulating tobacco use and mitigating its impacts on communities across Hawai'i. SB 2175, Act 189, Session Laws of Hawaiʻi (SLH) 2026, and HB 1573, Act 190, SLH 2026, demonstrate Hawai'i's commitment to reducing the harmful impacts of disposable electronic smoking devices (ESDs) and ensuring that products sold in Hawaiʻi meet federal standards.

Safety concerns around nicotine and tobacco have intensified in recent years as companies have increasingly marketed to younger generations and failed to comply with federal safety standards. The growing use of ESDs has produced additional challenges due to their widespread accessibility and the materials used in their production, including single-use plastic and lithium batteries. These hazardous materials pose significant health and environmental risks and have been linked to landfill fires, excessive litter and pollution and water contamination.

"Hawaiʻi has been a leader in this fight for years," said Governor Green. "It is more important than ever to preserve the health of our environment and ensure the health of our keiki. We have seen the effects and now we are taking action."

SB 2175: RELATING TO DISPOSABLE ELECTRONIC SMOKING DEVICES
Senate Bill 2175, Act 189, prohibits the sale, offer for sale, or distribution of disposable electronic smoking devices beginning January 1, 2027. The measure establishes penalties for violations, with violators subject to fines of up to $100 per day for each violation.

This measure marks a significant policy-driven change in Hawaiʻi to address the harmful impacts of ESDs. The measure helps safeguard Hawai'i's ʻāina and communities from the adverse effects of disposable ESDs.

HB 1573: RELATING TO HEALTH
House Bill 1573, Act 190, strengthens oversight of ESDs and e-liquids sold in Hawaiʻi by ensuring that products comply with both federal and state law. The measure establishes a certification process requiring manufacturers to provide documentation demonstrating FDA authorization for their products. It also requires the state Department of the Attorney General to create and maintain a publicly available directory of compliant products. Manufacturers that fail to comply with certification requirements, as well as entities that acquire, possess, transport, keep, sell, or offer for sale products not included in the directory, will be subject to penalties.

By establishing a state-managed directory aligned with FDA regulations and providing the Department of the Attorney General with enforcement authority, HB1573 will help remove illegal tobacco products from Hawaiʻi's marketplace and strengthen protections for consumers. Lawmakers and advocates agree that reducing youth access to unauthorized and flavored vaping products is a critical step in protecting our keiki from predatory practices and building healthier communities.

"For years, the tobacco industry has used flavors, packaging and marketing tactics to attract young people to vaping products," said Representative Scot Matayoshi, chair of the House Committee on Consumer Protection & Commerce. "These tactics have addicted another generation to nicotine, with all of the health, economic and educational consequences that come with it. I've found used, flavored vape cartridges in elementary school playgrounds and vaping is a top concern for many of our principals. This bill helps close loopholes by requiring manufacturers to verify that their products meet federal requirements before they can be sold in Hawaiʻi."

"I am incredibly proud to see Hawaiʻi continuing to lead the fight against Big Tobacco to protect our youth and our environment," said Maya Butts, youth advocate, Coalition for a Tobacco-Free Hawaiʻi. "By taking this step, we are actively paving the way for a healthier future so the next generations can grow up in good health and stay connected to the land."

"The passage of these bills reflects meaningful leadership in addressing the pono ʻole of electronic smoking devices - products that have harmed our ʻāina, our kai and the lungs, hearts and minds of our young people for far too long," said Kai Carvalho, public relations director, Hāmākua-Kohala Health. "I will never forget meeting a sixth-grade student who shared that she had been vaping regularly since she was just eight years old. Her story is only one of hundreds that have strengthened our resolve as community partners have worked tirelessly to educate, raise awareness and protect the families of our beloved Hawaiʻi."

By eliminating disposable ESDs from our marketplace and developing cross-checked regulations for all other electronic smoking devices, Hawaiʻi is taking a coordinated approach to combat this issue. From protecting public health and safety for residents of all ages - from keiki to kūpuna - to safeguarding the state's environment, these measures reflect the success of collaboration across government and community partners.

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