Honolulu can set up a so-called “trigger ban” on flavored tobacco products if a 2018 state law falls.
The Honolulu City Council on Wednesday passed Bill 46 to protect public health, and in particular the health of Oʻahu’s youth.
The measure notes a state Department of Health survey from 2019 that found more than 30% of Hawaiʻi high school students regularly use electronic smoking devices, such as vapes or e-cigarettes.
However, if signed by Honolulu Mayor Rick Blangiardi, the bill won’t immediately take effect.
Only when Act 206, passed by state lawmakers in 2018, is overturned or suspended can the bill take effect. That law declared the sale of cigarettes, tobacco products and electronic smoking devices a “statewide concern.”
The law preempts and voids related county legislation, but there is interest in overturning it and allowing counties to regulate the sale of tobacco products again.
Additionally, some have complained that the state hasn’t done much tobacco regulation.
At Wednesday’s hearing, Liza Ryan Gill of the Campaign for Tobacco-Free Kids said counties are better equipped to do so.
“This is about restoration of local control of tobacco policy, not about doing something that is outside of your lane,” she told the council.
“It was firmly in your lane, and it was taken away from you because you were so effective. So, we are asking for you to pass this to show that you can be effective because we have not seen any state policy on this issue."
Gill, a mother, noted that she has worked directly with local youth on the issue.
“The kids have been coming year after year after year and asking, 'Do you not care about us? Will you not hear us?’” she said.
Bill 46 was not formed without controversy, however.
Some supporters of strict tobacco rules testified in opposition to the measure because of its exceptions for hookah, premium cigars and loose leaf tobacco.
The exceptions were introduced for cultural reasons or because their marketing did not target children.
Cynthia Au, of the American Cancer Society Cancer Action Network, had supported Bill 46 before the exceptions were introduced.
“This bill doesn't go into effect until the state repeals preemption currently in state law. We prefer the strictest bill possible or the best model policy possible,” she said, adding, “If and when the state Legislature decides to repeal preemption, (we want to make sure) that the strongest policy goes into effect.”
She and others added that exceptions are often used by tobacco companies to skirt rules otherwise meant to protect public health.
Other health organizations were split. The state Department of Health opposed the bill because of the exceptions it made, while Hawaiʻi Public Health Institute offered its support despite the exceptions.
Bill 46 passed the council 6-3.
Councilmembers Calvin Say, Augie Tulba and Andria Tupola voted against the bill. Councilmembers Tyler Dos Santos-Tam and Val Okimoto voted in favor of the bill with reservations.
Council Chair Tommy Waters and Councilmember Matt Weyer introduced the measure.
