HI HB1698

Prohibits the sale, offer for sale, or possession with intent to sell of all flavored tobacco products in Hawaii effective January 1, 2023, including products with menthol, fruit, candy, chocolate, mint, and other characterizing flavors.

Establishes penalties of $1,000 for the first violation, $2,000 for the second violation, and $5,000 for third and subsequent violations by retailers, plus responsibility for disposal costs of confiscated products.

Defines "characterizing flavor" as any taste or aroma other than tobacco that is distinguishable by ordinary consumers, and makes manufacturer claims or packaging suggesting a flavor prima facie evidence of violation.

Allows counties to adopt more stringent restrictions on flavored tobacco products than state law, with the more restrictive rule prevailing in case of conflict.

Repeals section 328J-11.5 which previously preempted local tobacco sales regulations, thereby allowing counties independent authority to regulate tobacco products.