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The Honolulu City Council passed a measure on Wednesday to prohibit the sale of flavored tobacco products, with the aim of preventing youth in Oahu from accessing these products.
Although expectedly met with resistance from tobacco users and retailers, Bill 46 also faced opposition from local and national health groups, as well as a state agency. These opponents objected to the newly added exemptions for certain tobacco-related products, such as hookahs, premium cigars, and loose-leaf and shisha tobaccos.
Some argued that passing the measure would be pointless, as it would only take effect if a 5-year-old state law, Act 206, which stripped authority from Hawaii’s largest counties to regulate tobacco and nicotine products, is overturned and suspended.
Act 206 allows the state Department of Taxation to collect tobacco tax money, totaling nearly $96.9 million in 2022. A significant portion of this amount, $86.02 million, was collected from Oahu alone.
If Act 206 is repealed, the city measure introduced by Council Chair Tommy Waters and Council member Matt Weyer will implement a trigger ban on flavored tobacco products. Specifically, these bans will target products that offer flavors or smells of fruit, menthol, mint, chocolate, honey, or candy, among others, in order to appeal to young smokers.
As currently written, Bill 46 seeks to prohibit flavored tobacco products, including electronic cigarettes and other vaping devices, that have a distinct flavor or cause a cooling or numbing sensation while being consumed. This aligns with a 2019 study from the state Department of Health, which found that over 30% of Hawaii high school students regularly use electronic smoking devices. The study also linked these devices to severe lung disease and potential harm to brain development, as well as acute nicotine poisoning. The American Academy of Pediatrics has also identified flavorings as one of the primary reasons why young people start using tobacco.
Prior to the vote, Cynthia Au from the American Cancer Society’s Cancer Action Network expressed opposition to the latest version of Bill 46 due to the exemptions for certain tobacco products. She believed that the measure’s definition of tobacco products conflicts with Hawaii state law and could potentially undermine existing regulations.
Similarly, Jill Tamashiro, a public health educator at the Department of Health, opposed the latest version of Bill 46, specifically objecting to the exemptions and changes to the definition of tobacco products. She recommended aligning with the Department of Health’s standards. However, Tamashiro acknowledged that the bill was a long-awaited step in addressing the issue of youth exposure to e-cigarettes through flavored products.
Don Weisman from the American Heart Association also opposed Bill 46, emphasizing the need for a comprehensive policy that does not exempt any tobacco products from flavor restrictions. He expressed concern about the tobacco industry’s history of circumventing such restrictions through exemptions.
Three Council members, Calvin Say, Andria Tupola, and Augie Tulba, had reservations about the bill and ultimately voted against it. Tulba raised concerns about the enforceability of a tobacco ban, especially given the city’s current staffing shortages. He also highlighted the dependency of the bill on state action, which he believed was unlikely to happen.
Under questioning from the Council, Honolulu Police Department Captain Michael Kunishima confirmed that the HPD enforces existing alcohol and tobacco sales laws in the city. He mentioned that underage decoy operations are funded through a federal grant and conducted annually at over 800 registered establishments selling tobacco. In 2022, more than 55 retailers received citations for selling tobacco to minors.
After the meeting, Council Chair Tommy Waters expressed his belief that the passage of Bill 46 is just the beginning of efforts to address tobacco-related issues. He acknowledged the need for further action at the state level to address preemption issues and ensure the desired results of these policies.
Notably, both Waters and Council member Matt Weyer, who sponsored the legislation, have received campaign contributions from local lobbyists connected to the tobacco industry. These contributions have led to questions regarding their motives, although neither of them could be reached for immediate comment.
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