S.B. 2538 - Reversing the Youth Tobacco Epidemic Act of 2020

• Prohibits retailers from selling, offering for sale, or possessing with intent to sell any flavored tobacco products effective January 1, 2021, including menthol cigarettes and e-liquids with flavors like fruit, mint, candy, chocolate, or dessert.

• Bans mislabeling of e-liquid products containing nicotine as nicotine-free and prohibits marketing electronic smoking devices in ways designed to appeal to individuals under 21 years of age.

• Establishes penalties of up to $500 for first violations and $500-$2,000 for subsequent violations by retailers; each flavored tobacco product constitutes a separate violation; fines deposited into Hawaii tobacco prevention and control trust fund.

• Allows counties to adopt stricter restrictions on flavored tobacco product sales, with the most stringent rule prevailing in case of conflict.

• Modifies penalties for persons under 21 who possess tobacco products to include options for completing tobacco education programs, cessation programs, or performing community service instead of or in addition to fines; requires parent/guardian notification and input for minors under 18.