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Gov. Green Enacts Laws to Regulate Tobacco Use and Electronic Smoking Devices

Governor Josh Green signed into law complementary measures aimed at regulating tobacco use and mitigating its impacts on communities across Hawai‘i. SB 2175, Act 189, Session Laws of Hawaiʻi (SLH) 2026, and HB 1573, Act 190, SLH 2026, demonstrate Hawai‘i’s commitment to reducing the harmful impacts of disposable electronic smoking devices (ESDs) and ensuring that products sold in Hawaiʻi meet federal standards.

Safety concerns around nicotine and tobacco have intensified in recent years as companies have increasingly marketed to younger generations and failed to comply with federal safety standards. The growing use of ESDs has produced additional challenges due to their widespread accessibility and the materials used in their production, including single-use plastic and lithium batteries. These hazardous materials pose significant health and environmental risks and have been linked to landfill fires, excessive litter and pollution and water contamination.

SB 2175: RELATING TO DISPOSABLE ELECTRONIC SMOKING DEVICES
Senate Bill 2175, Act 189, prohibits the sale, offer for sale, or distribution of disposable electronic smoking devices beginning January 1, 2027. The measure establishes penalties for violations, with violators subject to fines of up to $100 per day for each violation.

HB 1573: RELATING TO HEALTH
House Bill 1573, Act 190, strengthens oversight of ESDs and e-liquids sold in Hawaiʻi by ensuring that products comply with both federal and state law. The measure establishes a certification process requiring manufacturers to provide documentation demonstrating FDA authorization for their products. It also requires the state Department of the Attorney General to create and maintain a publicly available directory of compliant products. Manufacturers that fail to comply with certification requirements, as well as entities that acquire, possess, transport, keep, sell, or offer for sale products not included in the directory, will be subject to penalties.

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