HB1289 Summary

• Requires manufacturers of electronic smoking devices and e-liquids containing nicotine to submit annual certifications to the Department of Taxation by August 1, 2025, certifying FDA compliance and providing product details including brand names, categories, and flavors.

• Manufacturers must pay $250 per product with each certification and submit copies of FDA marketing authorizations, premarket tobacco product application acceptance letters, or court orders confirming denial stays or vacations.

• Department of Taxation must maintain and publish a publicly available directory of approved manufacturers and products by October 1, 2025, updated monthly with notification to retailers and distributors.

• Products not listed in the directory cannot be sold in Hawaii after 60 days of directory publication; retailers and wholesalers have 60 days to sell or remove existing inventory.

• Violations subject retailers to civil penalties of $500 per product (escalating to $1,000-$1,500 for repeat violations within 12 months) and license suspensions; manufacturers face $10,000 per product penalties and potential misdemeanor charges for false certifications; nonresident manufacturers must post $25,000 surety bonds and appoint service agents.