HB 1327 Summary

• Prohibits retailers from selling, offering for sale, or possessing flavored tobacco products beginning January 1, 2021, including products with fruit, mint, menthol, chocolate, candy, dessert, or spice flavors.

• Bans mislabeling of e-liquid products as nicotine-free when they contain nicotine, and prohibits marketing electronic smoking devices in ways designed to appeal to individuals under 21 years old.

• Establishes penalties of up to $500 for first violations and $500-$2,000 for subsequent violations, with each flavored tobacco product counted as a separate violation; fines go to the Hawaii tobacco prevention and control trust fund.

• Classifies violating flavored tobacco products as contraband subject to immediate seizure and destruction, and allows counties to adopt more stringent restrictions than state law.

• Expands the definition of electronic smoking devices to include heated tobacco products and amends tobacco product definitions accordingly; takes effect July 1, 2021.