The state’s Senate has approved the HB1570, a Hawaiian state law. It was initially proposed in January 2022 that this bill would ban all nicotine products with flavors that are flavored from their condition. This could ban flavor-infused vapes from Hawaii.
Any product that contains nicotine, including cigarettes, lozenges E liquids, and even disposables, is now not allowed to include flavors that aren’t tobacco-based. The ban mentions the menthol flavor as being not permitted since the menthol flavor was generally exempt from prohibitions on taste to allow the sale of cigarettes flavored with menthol.
The bill permits any product approved through the FDA’s PMTA process to be sold. If, for instance, the FDA supports the flavor of menthol, then they are legally legal in Hawaii. However, there is no evidence that the FDA has not approved any menthol-flavored vapes, and the legality of menthol vapes within the FDA’s plans remains in doubt. The clause that permits FDA-certified vapes rendered HB1570 popular with the anti-vape crowd. There is a plan to introduce a second bill that would also ban FDA-approved products.
If the governor adopts the bill, Hawaii would be the fifth state that has banned flavored vapes. Other states where flavored vapes are prohibited are Massachusetts, New Jersey, Rhode Island, and New York. While a flavor ban was passed in California, it will require approval from the voters to be enacted. The period for voting in California is scheduled to take place in November of 2022.
If Hawaii’s governor ratifies HB1570, it becomes law, and flavor vapes are now officially prohibited in Hawaii.