As expected, Governor Iger, Hawaii, vetoed HB 1570 on the 12th, citing his earlier opposition to an exemption in the bill that would allow the sale of FDA-authorized flavored vaping products.

Today is the governor's deadline to veto the bill sent to him in the last legislative session. While the state legislature can override the veto by a two-thirds vote, it probably won't, as many supporters of the bill agree with the governor that the legislation could be stronger, which means that the The tobacco industry is not very favorable.

A similar bill, but with no exemptions for FDA-authorized products, is almost certain to be introduced in the next legislative session, which begins in January 2023.

As reported on June 29, 2022:

Hawaii Governor David Iger announced that he may veto a ban on flavored e-cigarettes and tobacco passed by the state legislature in May. It's one of 30 bills in the 2022 legislative session that Iger, a Democrat, said he plans to reject.

Governor Iger has until July 12 to make a final decision on the bill. If he does not act, it will automatically become law. If he vetoes, the state legislature can overturn the action by a two-thirds vote. It's unclear whether the bill's backers will have a vote to override the veto, or if they will seek to override it.

If signed by the governor, the law would ban the sale of all tobacco and nicotine-containing products other than tobacco, including vaping products, cigarettes, cigars, smokeless tobacco, and nicotine pouches and lozenges. It fines retailers up to $2,000 for violating the ban.

The flavor ban includes menthol e-cigarettes and cigarettes, but provides exemptions for nicotine products authorized through the FDA's Premarket Tobacco Application (PMTA) pathway. (The FDA has not authorized any menthol vaping products.)

The PMTA waiver has sparked controversy in the state, along with other industry-friendly amendments proposed by state lawmakers. Inclusion of it in the bill caused many anti-tobacco (and anti-vaping) groups to withdraw their support for the legislation.

“The amendment was actually proposed by a registered lobbyist at Juul Labs,” Amanda Fernandez, director of policy and advocacy at the Pacific Health Institute in Hawaii, told Hawaii Public Radio. "What this amendment does is it basically exempts a bunch of flavored tobacco products, including many menthol cigarettes and whatever the FDA authorizes in the future."

Governor Iger cited the PMTA waiver in a written explanation that he may veto. "The definition of 'flavored tobacco product' in the bill was later amended to exempt certain FDA-approved tobacco products," explained Ige. "This amendment essentially invalidates the bill because very few products would actually be included in the ban."

Four states currently have flavored vaping bans, including Massachusetts, New Jersey, Rhode Island and New York. California passed a flavor ban in August 2020, but the law is on hold until voters decide whether to approve the ban in a November 2022 referendum.