HB 2441 Summary

• Bans the sale, offer for sale, or possession with intent to sell all flavored tobacco products in Hawaii effective January 1, 2025, including products with menthol, fruit, candy, chocolate, or other characterizing flavors, and products that produce cooling or numbing sensations.

• Prohibits mislabeling e-liquid products as "nicotine-free" if they contain nicotine, effective January 1, 2025.

• Establishes that statements, text, images, or colors on product labeling claiming cooling effects (such as "chill," "ice," "fresh," "arctic," or "frost") are prima facie evidence of a flavored tobacco product.

• Authorizes the Department of Health to seize violating products as contraband, impose fines of $100-$1,000 per offense (with each day constituting a separate offense), and enforce the ban through appointed inspectors or contracted third-party enforcement services.

• Appropriates $1,000,000 for fiscal year 2024-2025 and establishes 2.0 FTE program specialist positions and 1.0 FTE hearings officer position at the Department of Health for enforcement and administration.