Illegal vapes, most widely used tobacco products among youth, sold in Hawaiʻi

More than 800 Hawaiʻi tobacco retailers and distributors — along with the public — are being warned about illegal tobacco products, most of which are from China, being sold throughout the state.

The state attorney general’s office says the products, which include vapes, also known as e-cigarettes, and oral tobacco pouches, often contain dangerously high amounts of nicotine and are the most widely used tobacco products among Hawaiʻi’s youth, jeopardizing their health and well-being.

Illegal vapes also could have other hazardous ingredients not listed on their packaging such as lithium-ion batteries, which have been linked to burns and even explosion-related injuries.

They also are packaged and distributed in myriad of keiki-friendly flavors, playful shapes and bright colors. Some even include video games that encourage youth to earn virtual coins by vaping.

“The [Hawaiʻi] Department of the Attorney General recommends all retailers and distributors in Hawaiʻi remove any tobacco products not authorized for sale by the [U.S. Food and Drug Administration],” said Deputy Attorney General Rich Stacey with the Hawaiʻi Department of the Attorney General Criminal Justice Division Tobacco Enforcement Unit.

Retailers and distributors found to be knowingly selling these illegal tobacco products could be subject to federal investigation and penalties.

The U.S. Food and Drug Administration must authorize all tobacco products sold in the United States. Only 34 e-cigarettes and 24 oral nicotine products have been authorized to be sold in the United States.

Despite that necessary approval, the nation’s market has been flooded with flavored disposable e-cigarettes — largely made and then illegally imported into the nation from China.

The manufacturers and distributors of these products decline to participate in the U.S. Food and Drug Administration mandated marketing order process.

The products are considered adulterated, or possibly contaminated or tainted, and unlawful for sale.

E-cigarettes and e-liquids are included in the state’s Cigarette Tax and Tobacco Tax Law, requiring wholesalers and dealers of the products to have a tobacco license issued by the Hawaiʻi Department of Taxation.

The state Taxation Department can suspend, revoke or decline to renew any tobacco license for good cause, which can include instances where the business failed to comply with federal law.   

Hawaiʻi Attorney General Anne Lopez joins attorneys general of California, Connecticut, Illinois, Minnesota, New Jersey, New York, Vermont, Ohio and Washington, D.C., in this outreach to tobacco retailers and distributors.

It is a coordinated, bipartisan effort to keep companies accountable for unlawfully manufacturing, distributing, selling and marketing tobacco products, especially to youth.

Members of the public are urged to report businesses that might be selling unauthorized and illegal vaping or other tobacco products to the state Department of the Attorney General Tobacco Enforcement Unit at: atg.tobacco@hawaii.gov.