Hawaii Proposes First-in-Nation Nicotine Limits for Tobacco Products
Hawaii could become the first U.S. state to set nicotine limits for tobacco products under a new bill introduced in the state legislature. Sen. Chris Lee, D-Kailua, proposed S.B. 1165 last Friday, just days after the U.S. Food & Drug Administration (FDA) announced it was considering a similar nationwide standard.
The Hawaii bill, which is less than half a page long, would direct the state’s Department of Health to determine “safe levels” of nicotine in products sold within the state. However, it does not provide any guidance on what those levels should be or which specific products would be affected.
In contrast, the FDA’s proposal is seeking public comment on a potential standard of 0.7 mg of nicotine per gram of tobacco. According to the agency, the average nicotine content for the “top 100 cigarette brands” in 2017 was 17.2 mg per gram.
The federal proposal, which is facing legal challenges, would exempt “premium cigars” that meet an eight-part definition, including requirements for whole leaf wrappers and binders and no characterizing flavors other than tobacco. The Hawaii bill, as currently written, would likely apply to premium cigars as well.
If passed, the Hawaii legislation could have significant implications for the tobacco and vaping industries, as well as consumers who use nicotine products. Supporters argue that limiting nicotine levels could help reduce addiction and improve public health, while critics claim it would infringe on personal freedom and drive users to the black market.
As the first state-level proposal of its kind, Hawaii’s bill is likely to face intense scrutiny and debate in the coming months. Its fate could also be influenced by the progress of the FDA’s national nicotine standard, which is expected to face a lengthy rule-making process and potential legal challenges.
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