STAND. COM. REP. NO. 1270

Honolulu, Hawaii

, 2021

RE: H.C.R. No. 80

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.C.R. No. 80 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE UNITED STATES FOOD AND DRUG ADMINISTRATION TO PROMOTE TRANSPARENCY AND ENFORCEMENT BY IMMEDIATELY PUBLISHING PREMARKET TOBACCO PRODUCT APPLICATIONS,"

begs leave to report as follows:

The purpose of this measure is to request the United States Food and Drug Administration promote transparency and enforcement by immediately publishing Premarket Tobacco Product Applications.

Your Committee received testimony in support of this measure from the Hawaii COPD Coalition, Coalition for a Tobacco-Free Hawai‘i, and two individuals. Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and Department of Health.

Your Committee finds that e-cigarettes and electronic nicotine delivery systems are aggressively marketed to vulnerable youth users. Your Committee further finds that the Food and Drug Administration required all sellers and manufacturers of new tobacco products, including e-cigarettes and electronic nicotine delivery systems, to submit a Premarket Tobacco Product Application by September 9, 2020. However, your Committee finds that, to date, only three separate entities have successfully received marketing orders since 2015, leaving a gap between current federally approved e-cigarette sellers and non-compliant sellers or non-applicants. Furthermore, to date, no e-cigarette or electronic nicotine delivery system product has been approved by the Food and Drug Administration through its six-stage process of Premarket Tobacco Product Marketing Application review.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 80 and recommends that it be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair