Health advocates who have spent years trying to ban flavored vapes in 91直播 are backing a new bill this year that prohibits disposable vapes due to environmental concerns.
Senate Bill 2175, introduced by state Sen. Tim Richards (D-Kohala), would prohibit the sale or distribution of disposable electronic smoking devices in 91直播, starting Jan. 1, due to the environmental problems they cause. Violations would be subject to a fine of $1,000 per day.
The bill recently passed a third reading in the House, and heads to conference committee, which is much further than other vape-related bills have made it in past years.
Disposable e-smoking devices are not recyclable, the bill pointed out, plus they contain hazardous components like lithium batteries and liquid nicotine, and 鈥渃ontribute to plastic pollution, landfill fires, and toxic chemical leaching into waterways.鈥�
While retailers opposing the measure say the ban does not effectively address the waste issue, health advocates have thrown their support behind it as another way to keep harmful vapes away from youth.
鈥淒isposable e-cigs have really grown in popularity in the last five to six years, and are now dominating the market,鈥� said Kevin Ramirez, program manager for Coalition for a Tobacco-Free 91直播. 鈥淭he youth are concerned not only about addiction to nicotine and flavors, but the environmental impact these products have.鈥�
Between 2019 and 2023, the coalition said, sales of disposable vapes grew by 500%, making them the most common type of device among youth.
鈥淲e agreed this was a two-fisted problem,鈥� Ramirez said. 鈥淥ne harming people and the other harming the environment.鈥�
The coalition鈥檚 youth council chose disposable vapes as its top legislative priority this year, according to Ramirez, and did their research on it. More than 80 youth gathered at the state Capitol in March for the annual 鈥淭ake Down Tobacco鈥� rally, urging lawmakers to end the youth vaping epidemic.
鈥淲e鈥檙e all really concerned about the sheer popularity of these disposable vapes,鈥� said Luke Itomura, a Punahou School junior on the youth council. 鈥淭hey contain a lot more nicotine that is more readily accessible compared to cigarettes.鈥�
Additionally, there is no regulation on how they are disposed, he said. Many disposable vapes are carelessly littered on sidewalks and at parks and beaches 鈥� some ending up in the ocean 鈥� where they can harm the ecosystem.
If tossed into a trash can, they pose significant fire risks in the waste stream and landfills, particularly Oahu鈥檚 H-POWER facility. When improperly discarded, the lithium-ion batteries can overheat, rupture, or ignite under high pressure and heat.
The youth council reached out to H-POWER, he said, and learned that in 2024, there were 158 fires total, with 44 of them related to lithium-ion batteries.
For and against
Most testimony was in support of the disposable vapes ban, which came from pediatricians and health advocacy groups, and some community groups, but not a lot of environmental groups.
The handful of voices opposing the ban came from a retail group and the 91直播 Smokers Alliance, which said the ban would put small vape shops out of business.
Another group, Tobacco Harm Reduction 101, testified that the ban could impact adults who rely on vapes to quit smoking combustible cigarettes.
The 91直播 Public Health Institute, which runs the youth council program, the 91直播 Substance Abuse Coalition, and 91直播-颅American Nurses Association, among others, supported SB 2175.
The Friends of Kamalani &Lydgate Park, a community group that built a playground on Kauai, also supported the bill. The group said e-cigarettes are among the litter that volunteers regularly pick up at their park.
Supporters cited a report by the U.S. Public Interest Research Group, which found Americans threw away 5.7 disposable vapes per second in 2023, or nearly 500,000 each day.
The 91直播 Department of Health also supported the bill, along with the 91直播 Chapter of the American Academy of Pediatrics.
DOH said the fiscal impact of a ban on disposable e-smoking devices in the state would result in modest reductions in 91直播鈥檚 tax revenues, while leading to reductions in chronic diseases and health care spending.
The Retail Merchants of 91直播, which represents retailers, was a lone voice in opposition to the latest measure.
Dave Erdman, RMH鈥檚 interim president and CEO, said the improper disposal of lithium-ion is a legitimate concern, and that the group shares the goal of protecting 91直播鈥檚 youth.
鈥淗owever, this measure proposes a full prohibition on a single product category rather than addressing the broader policy and infrastructure issues that are driving the environmental concerns identified in the bill,鈥� wrote Erdman.
Lithium-ion batteries are present in a wide range of consumer products sold in retail stores 鈥� from small electronics to toys and household devices.
鈥�91直播 currently lacks a convenient, consistent, and widely utilized statewide battery recycling and disposal system,鈥� he wrote. 鈥淎ddressing disposal challenges for one product category without creating a broader battery recovery framework may not materially reduce the underlying waste stream or safety risks.鈥�
Additionally, he said 91直播 already prohibits the sale of e-smoking devices for anyone under the age of 21.
The prevalence of vaping among youth 鈥渟uggests enforcement and compliance challenges under existing law,鈥� he wrote.
He added, 鈥淎 complete product ban may shift demand to unregulated or illicit markets, where age verification, product safety, and accountability are significantly reduced.鈥�
Why disposable vapes?
Disposable vapes have become more affordable and accessible to youth while becoming more destructive to their health, according to DOH.
Lola Irvin, administrator of DOH鈥檚 chronic disease prevention division, said disposable vapes have tripled in nicotine strength over the past few years and increased their e-liquid capacity.
Some of the most popular disposable vape products contain the equivalent of three cartons of combustible cigarettes, she said.
Besides being harmful to developing brains, nicotine disrupts sleep, affects short-term memory, and can cause mood disorders.
Furthermore, a recent scientific study published in 鈥淐arcinogenesis鈥� concluded that vapes with nicotine likely increase the risk of mouth and lung cancers.
The flavorings in vapes marketed toward youth also contain benzene, formaldehyde, and diacetyl, which have been linked to serious lung disease.
Some of the newest vapes include screens, bluetooth capabilities and even video games to appeal to youth.
Many are actually illegal, as the U.S. Food and Drug Administration has only authorized 34 e-cigarette products, but many more seem to be available on the market, either online or in stores.
Youth vaping trends in 91直播 are a mixed bag, but still prevail at concerning rates.
Among high school students, the number of teens currently using vapes fell to 13% in 2023, down from 15% in 2021. Those who frequently used e-cigarettes remained the same over two years, at 6%.
Among middle school students, however, trends are alarming, as those who currently vape increased to 10% in 2023, up from 7% in 2021. A greater percentage, 17%, reported trying e-颅cigarettes, up from 13% in 2021.
DOH continues to run its 鈥淓scape the Vape鈥� campaign targeting teens, by showing how vaping can interfere with split-second choices at school, in sports, and friendships.
For adults ages 18 to 34, DOH is running an 鈥渦nsubscribe鈥� campaign that emphasizes the habit costs about $1,200 a year.
Vape bills
Legislators have had a long history of failing to take more stringent measures on regulating vape products in 91直播, including a ban on flavored vapes.
House Bill 1563, supported by the Keiki Caucus, sought to give 91直播鈥檚 counties the ability to impose stricter regulations on cigarettes, tobacco products, and vapes at the local level than the state level.
Once again, the bill failed to get a hearing in committee, but did manage to cross over to the Senate this year.
The state law, in place since 2018, preempts county ordinances on the sales of tobacco products.
Honolulu, Maui, and 91直播 counties already have introduced local legislation prohibiting the sale of flavored tobacco products, but the laws cannot be enacted until that state law is repealed.
Health and youth advocates said they have not given up on pushing for these measures, and will be back with another attempt next year.