Hawaii Governor Vetoes Flavor Prohibition

Regulations
Jul.14.2022

As expected, Gov. Ige vetoed HB 1570 today(JUIY.12), citing the same objection he expressed earlier to the exemption in the bill that would have allowed sale of flavored vape products authorized by the FDA.

 

Today was the deadline for the governor to veto bills sent to him from the last legislative session. Although the state legislature could override the veto with a two-thirds vote, it probably won't, since many of the bill's supporters agree with the governor that the legislation could be stronger (meaning less favorable to vapers and the vaping industry).

 

A similar bill without an exemption for FDA-authorized products will almost certainly be introduced in the next legislative session, which begins in January 2023.

 

June 29, 2022

 

Hawaii Governor David Ige has announced he will probably veto the ban on flavored vapes and tobacco passed by the state legislature in May. It is one of the 30 bills from the 2022 legislative session Ige, a Democrat, said he plans to reject.

 

Gov. Ige has until July 12 to make a final decision about the bill. If he takes no action, it will become law automatically. If he vetoes, the state legislature can override the action with a two-thirds vote. It isn’t known if bill supporters have the votes to override a veto, or if they would pursue an override.

 

The law, if signed by the governor, would prohibit sales of all tobacco and nicotine-containing products in flavors other than tobacco, including vaping products, cigarettes, cigars, smokeless tobacco, and nicotine pouches and lozenges. It provides fines of up to $2,000 for retailers who violate the ban.

 

The flavor ban includes both menthol vapes and cigarettes, but provides an exemption for nicotine products authorized through the FDA’s Premarket Tobacco Application (PMTA) pathway. (The FDA has not authorized any menthol vaping products.)

Hawaii Governor Vetoes Flavor Prohibition

 

The PMTA exemption caused controversy in the state, along with other amendments proposed by state legislators supposedly friendly to the tobacco industry. Its inclusion in the bill caused many anti-tobacco (and anti-vaping) organizations to pull their support for the legislation.

 

“The amendment was actually requested by a person who is the registered lobbyist for Juul Labs,” Hawai’i Pacific Health Institute policy and advocacy director Amanda Fernandes told Hawai’i Public Radio. “And what this amendment does is it essentially exempts a bunch of flavored tobacco products, including many menthol cigarettes and anything that is authorized in the future by the FDA.”

 

Gov. Ige cited the PMTA exemption in the written explanation for his likely veto. “There was a late amendment to the definition of ‘flavored tobacco product’ in this bill which exempted certain FDA approved tobacco products,” Ige explained. “This amendment essentially renders the bill ineffective since very few products would actually be included in this ban.”

 

Four states have current flavored vape bans, including Massachusetts, New Jersey, Rhode Island and New York. California passed a flavor ban in August 2020, but the law is on hold until voters decide in a November 2022 referendum whether to approve the ban.

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

 

New York Says Seized Illegal Vape Shipment Had Retail Value of USD 2.2 Million to USD 3.5 Million
New York Says Seized Illegal Vape Shipment Had Retail Value of USD 2.2 Million to USD 3.5 Million
New York state health officials said a joint operation last week involving the State Department of Health, Nassau County police and local health officials intercepted about 14 tons of illegal vape products that were intended for local distributors and smoke shops.
Mar.20 by 2FIRSTS.ai
Austintown PTA hosts “Live Vape Free” town hall to discuss teen vaping risks and prevention
Austintown PTA hosts “Live Vape Free” town hall to discuss teen vaping risks and prevention
The Austintown Parent Teacher Association hosted a “Live Vape Free” town hall to discuss the dangers of vaping devices among middle and high schoolers, the report said. The event was funded by the National PTA Vape-Free Futures Challenge Grant, provided in collaboration with the Campaign for Tobacco-Free Kids, and Austintown was one of seven PTAs nationwide to receive it.
Feb.27 by 2FIRSTS.ai
Poland Weighs Ban on Disposable Vapes, Tightens Rules on Nicotine Pouches
Poland Weighs Ban on Disposable Vapes, Tightens Rules on Nicotine Pouches
Poland plans to amend its tobacco control legislation, proposing a ban on disposable e-cigarettes (both nicotine-containing and nicotine-free) while simultaneously tightening regulations on nicotine pouches and other novel nicotine products. Nicotine pouches may be permitted only in "tobacco flavour" variants to reduce their appeal to young people.
Mar.10 by 2FIRSTS.ai
Sesh Launches 200-Pouch Refill Bag, Expanding Retail Unit Size in U.S. Nicotine Pouch Market
Sesh Launches 200-Pouch Refill Bag, Expanding Retail Unit Size in U.S. Nicotine Pouch Market
According to a LinkedIn post published by Sesh CMO Josh Metz on February 25, 2026, Sesh Products has introduced a 200-pouch nicotine pouch refill bag sold with a reusable metal can. In a U.S. MO market dominated by 20-pouch plastic cans, the product offers a larger retail unit size. The company lists a standard price of USD 49.99, with a uniform 15% discount currently applied, bringing the price to USD 42.49.
Innovation
Feb.25
West Virginia House passes “Vape Safety Act of 2026,” creating licensing and product directory requirements
West Virginia House passes “Vape Safety Act of 2026,” creating licensing and product directory requirements
West Virginia’s House of Delegates passed the Vape Safety Act of 2026, a proposal to tighten oversight of vape and smoke shops through licensing, fees and enforcement. The bill would establish a state directory requiring vape products sold in West Virginia to have FDA marketing authorization or a pending application under FDA review to be listed, and only directory-listed products could be sold starting Sept. 1, 2026 if enacted.
Feb.28 by 2FIRSTS.ai
FDA and IKE Tech Hold Formal Listening Session on Youth Access and Illicit ENDS Products
FDA and IKE Tech Hold Formal Listening Session on Youth Access and Illicit ENDS Products
U.S. Food and Drug Administration’s Center for Tobacco Products held a formal listening session with IKE Tech LLC to discuss youth prevention at the point of use for ENDS products, the circulation of illicit products in the supply chain, and the regulatory treatment of software in tobacco products.
Apr.10 by 2FIRSTS.ai