STAND. COM. REP. NO. 1148-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1573

H.D. 3

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1573, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require manufacturers of electronic smoking devices and e-liquids to annually certify that each product has received a Marketing Granted Order from the United States Food and Drug Administration and complies with all applicable federal and state laws;

(2) Require the Department of the Attorney General to publish and maintain a directory of certified manufacturers and products; and

(3) Establish penalties for manufacturers and other parties that sell or distribute products not listed in the directory.

Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Health; State Health Planning and Development Agency; Hawaiʻi Health & Harm Reduction Center; Hawaii COPD Coalition; Coalition for a Tobacco-Free Hawaiʻi; Friends of Kamalani & Lydgate Park; Hawaiʻi Pacific Health; Hawaiʻi Children's Action Network Speaks!; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance and two individuals.

Your Committee finds that the State continues to face an escalating youth vaping crisis fueled by the widespread availability of unauthorized electronic smoking devices and e-liquids that have never undergone federal scientific review. Your Committee further finds that thousands of unregulated products are designed and marketed to appeal to youth and remain on store shelves despite federal restrictions, creating confusion for retailers, challenges for enforcement agencies, and significant health risks to Hawaii's keiki and communities. This measure intends to remove illegal products from the market, clarify compliance expectations for retailers, and strengthen the State's ability to protect public health.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1573, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1573, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair