A bill to ban the sale of flavored tobacco on Oʻahu is seeing strong support — and opposition.
While the goal of Bill 46 is to limit enticing vaping products, some are concerned the bill would additionally target sales of cigars and hookah.
Councilmember Tyler Dos Santos Tam said the bill should be retooled. He is concerned that the language of the bill will limit the marketing of other products.
"Because those are specifically marketed in such a way that there are no added flavors. But the inherent flavors within the tobacco itself lends itself to be marketed with people say, you know, tastes like oak or bourbon or vanilla," Tam said.
"Clearly, this is different than POG flavor, or guava, or whatever is being marketed to kids," he added.
As the bill is drafted, Dos Santos Tam said it would limit the marketing of cigar retailers.
"But as the bill is currently drafted, it would prohibit a retailer of fine cigars from being able to say, 'This one has notes of pepper or spice or whatever.' And this raises some commercial speech questions for me," Dos Santos Tam said.
Alexa Warman with the American Heart Association said all flavored tobacco, including cigarettes, vapes, cigars and hookah are "public health threats."
"They are alluring to new users, highly addictive and deadly," Warman said. "So we urge that no product exemptions are added to the bill. Kids will gravitate toward any flavored tobacco products on the market, even if some are removed."
Warman said the "policy is not just about kids, but the health of adults."
Bill 46 is considered a trigger-bill, and would only become law if current state laws regarding the sale of tobacco were dissolved.
The bill is supported by the state Department of Health. The bill is opposed by the Retail Merchants of Hawaiʻi, with President Tina Yamaki arguing that all vaping products are flavored and this bill would ban everything.
"That means there's a lot of mom-and-pop stores that are in our neighborhoods that are locally owned, will go out of business," Yamaki said.
Bill 46 passed its second reading Wednesday and will be up for a third reading in the coming weeks.
