Ban on selling flavored tobacco products

(a) It is unlawful for any retailer to: (1) Sell or offer for sale a flavored tobacco product; (2) Display, market, or advertise for sale in the city a flavored tobacco product; or (3) Mislabel as nicotine-free, or sell or market for sale as nicotine-free, an e-liquid product that contains nicotine. (b) Presumption of flavor. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer: (1) Has made or makes a public statement or claim that the tobacco product is a flavored tobacco product; (2) Has used or uses text or images, or both, on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product has a flavor other than tobacco, to make a public statement or claim that the tobacco product is a flavored tobacco product; (3) Has taken or takes action directed at consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product; or (4) Has made or makes a public statement or claim that a product has a minty or cooling effect, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” or “frost.” (c) Any flavored tobacco product found in a retailer’s possession that violates this section may be considered contraband, seized by an inspector, or subject to immediate destruction or disposal by the retailer in accordance with the Hawaii Administrative Rules. The cost of proper disposal of electronic smoking devices and e-liquids as hazardous waste pursuant to the Hawaii Administrative Rules must be borne by the retailer. (d) Exceptions. This section does not apply to the sale, display, marketing, or advertisement of: (1) Premium cigars; (2) Looseleaf tobacco; and (3) Only shisha tobacco products that are sold in retail tobacco stores as defined in HRS § 328J-1.