Hawaii

📅 2026 Update: Changes to Hawaii's Tobacco and ESD Laws

Since the original article was published, several new laws have been enacted in Hawaii. These changes focus on electronic smoking devices (ESDs), e-liquids, and tobacco enforcement. The information from the earlier article continues further down the page.

🚬 New Regulations on ESDs and E-liquids

In 2026, Act 190 was signed into law, requiring manufacturers of ESDs and e-liquids to certify with the Department of the Attorney General’s Tobacco Enforcement Unit. This certification must confirm that they have received a marketing granted order from the FDA. Manufacturers must comply with these regulations by October 1, 2026.

🚫 Ban on Disposable ESDs

Act 189, also signed in 2026, prohibits the sale of disposable electronic smoking devices starting January 1, 2027. A disposable ESD is defined as one that cannot be refilled and has a non-rechargeable battery. This ban aims to reduce waste and promote safer alternatives.

🔍 Enhanced Tobacco Enforcement

Act 229 strengthens tobacco enforcement rules in Hawaii. Signed on July 10, 2026, it allows the Department of the Attorney General and the Department of Taxation to inspect stores and seize illegal tobacco products. This act took effect on September 1, 2026, and clarifies that untaxed tobacco products are considered illegal contraband.

💵 Penalties for Non-Compliance

Retailers face strict penalties for selling unlisted ESDs and e-liquids. For a first violation, the fine is $500 per product. This increases with repeat violations, potentially reaching $2,000 per product for fourth and subsequent offenses.

The state may also recover costs associated with enforcement.

📜 Certification Deadlines and Requirements

Manufacturers must submit their certifications by October 1, 2026. They need to show full compliance with federal and state laws. Starting January 1, 2027, only certified ESDs and e-liquids will be legally sold in Hawaii.

📌 Key Points Summary

• New laws require certification for ESD and e-liquid manufacturers.
• Disposable ESDs will be banned starting January 1, 2027.
• Tobacco enforcement has been enhanced with more inspection powers.
• Retailers face heavy fines for selling unlisted products.
• Certification deadlines are set for manufacturers.

💡 Tips for Navigating Hawaii's Tobacco Laws

Always consider discussing your specific situation with your attorney.

📄 Understand ESD Regulations

Familiarize yourself with the new regulations affecting ESDs and e-liquids in Hawaii. Knowing these laws can help you avoid penalties and ensure compliance.

📅 Keep Track of Deadlines

Mark October 1, 2026, on your calendar as the deadline for manufacturers to submit certifications. Missing this deadline could result in losing the ability to sell your products in Hawaii.

🚫 Know the Ban on Disposable ESDs

If you sell ESDs, ensure that you are not stocking any disposable devices after January 1, 2027. This change is significant for retailers and manufacturers alike.

🔍 Use the ESD Directory

Starting January 1, 2027, check the Hawai‘i Electronic Smoking Device and E-Liquid Directory before making any purchases. Only products listed in this directory will be legal for sale.

💰 Be Aware of Penalties

Understand the financial penalties associated with selling unlisted products. Fines can escalate quickly, emphasizing the need for compliance.

🔄 Stay Updated on Legislative Changes

Regularly check for updates on Hawaii’s tobacco laws. Changes can happen, and staying informed will help you navigate the legal landscape effectively.

❓ Frequently Asked Questions

❓ What are the penalties for selling unlisted ESDs?

Retailers can face fines starting at $500 per product for initial violations. Repeat offenses lead to higher penalties, reaching $2,000 per product for multiple violations.

🌊 When will the ban on disposable ESDs take effect?

The ban on the sale of disposable electronic smoking devices will begin on January 1, 2027. Retailers should prepare to remove these products from their shelves.

📅 What is the deadline for manufacturer certifications?

Manufacturers must submit their certifications to the Tobacco Enforcement Unit by October 1, 2026. This certification confirms compliance with federal and state regulations.

🛒 How will retailers verify legal products?

Starting January 1, 2027, retailers must use the Hawai‘i Electronic Smoking Device and E-Liquid Directory to verify which products can be legally sold in the state.

🔍 What does Act 229 empower state agencies to do?

Act 229 gives the Department of the Attorney General and the Department of Taxation authority to inspect stores and seize illegal tobacco products, including ESDs and e-liquids.

📜 Are there any new requirements for hair braiders?

Yes, starting January 1, 2028, natural hair braiders must be registered under the Board of Barbering and Cosmetology. The Board will establish approved training courses by November 1, 2026.

⚖️ Recent Cases Related to Hawaii's Tobacco Laws

Recent court rulings have addressed challenges related to Hawaii's updated tobacco laws and enforcement practices. These decisions help clarify the legal landscape for manufacturers and retailers.

• Puerto Rico court upholds ruling on annulled divorce decreeTribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico · August 10, 2026
• Puerto Rico Court Denies Certiorari in Divorce Asset DisputeTribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico · August 7, 2026
• Puerto Rico court denies appeal in inheritance dispute caseTribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico · August 5, 2026
• Court dismisses appeal by inmate seeking custody changeTribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico · August 10, 2026

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update