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Hawaii Statewide Rule

Hawaii Flavored Tobacco: County Bans, Statewide Patchwork

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statewide Flavor Ban
No statewide flavor ban as of 2026.
HRS Does Preempt
HRS does not preempt local flavor regulations.
Counties Adopt Their
Counties may adopt their own restrictions.
FDA Enforces Against
FDA enforces against unauthorized flavored vape sales.
Last verified: September 5, 2026Source: Hawaii State Legislature

Summary

Hawaii has no statewide ban on flavored tobacco or vape products, but the City and County of Honolulu and other county governments have considered or adopted local restrictions, leaving a regulatory patchwork across the islands.

[§328J-11.5] Statewide concern. (a) Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner. (b) All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void. (c) Nothing in this chapter shall be construed to limit a county's authority under section 328J-15. [L 2018, c 206, §6]

Source: Hawaii State LegislatureView official code

Full Breakdown

Although bills to ban flavored tobacco and e-liquid have repeatedly been introduced at the legislature, no statewide flavor ban has been enacted as of 2026. HRS 712-1258 and HRS Chapter 245 govern sales without restricting flavors at the state level. The City and County of Honolulu has considered ROH amendments addressing flavored vape sales, and the Department of Health has supported flavor restrictions through rulemaking. Because Hawaii does not preempt local tobacco regulation, individual counties may impose more stringent rules. Federal FDA enforcement against unauthorized flavored vape products applies in Hawaii alongside state and county rules.

Violations & Penalties

County flavor ordinance violations carry local fines; state-law violations follow HRS 245 retailer penalties.

Frequently Asked Questions

Is flavored vape banned in Hawaii?
Not statewide as of 2026, though legislation has been proposed and counties may regulate.
Can counties ban flavored tobacco?
Yes. Hawaii does not preempt local tobacco product regulation.
Does federal law apply?
Yes. The FDA regulates unauthorized flavored vape products nationally.

Sources

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