H.B. 826 Summary

• Prohibits retailers from selling, offering for sale, or possessing flavored tobacco products and e-liquids effective July 1, 2021, with fines of $1,000 for first offense, $2,000 for second offense within specified years, and $5,000 for third and subsequent offenses.

• Prohibits mislabeling e-liquid products as nicotine-free if they contain nicotine, and restricts tobacco product sales to in-person, face-to-face exchanges at licensed retail locations, banning mail, curbside pickup, and delivery sales.

• Includes electronic smoking devices and e-liquids in the definition of "tobacco products" under Hawaii's cigarette and tobacco tax law (Chapter 245), subjecting them to excise taxes and requiring retailers to obtain tobacco permits and wholesalers/dealers to obtain licenses.

• Defines "flavored tobacco product" to exclude menthol flavoring and establishes that product labeling or statements claiming flavored characteristics constitute prima facie evidence of violation.

• Repeals Chapter 28, Part XII (Electronic Smoking Device Retailer Registration and Enforcement Unit) and appropriates funds to the Department of the Attorney General for enforcement purposes.