Hawaii has enacted two major vaping laws that will dramatically reshape the state's nicotine market beginning in 2027. Signed by Governor Josh Green, the legislation combines a PMTA-based product directory with a statewide ban on disposable e-cigarettes, effectively limiting legal sales to the small number of products that have received marketing authorization from the U.S. Food and Drug Administration (FDA). 

For manufacturers, distributors, and retailers, the new laws introduce significant compliance requirements, steep financial penalties, and a much narrower legal marketplace. 

 

Two New Laws, One Major Market Shift 

 

The new framework consists of two bills: 

• House Bill 1573 establishes a state directory of authorized vaping products.  
• Senate Bill 2175 prohibits the sale and distribution of disposable electronic cigarettes.  

 

Together, the laws create one of the most restrictive regulatory environments for electronic nicotine delivery systems (ENDS) in the United States. 

 

Hawaii Will Require FDA-Authorized Products 

 

Under House Bill 1573, only vaping products that have received an FDA Marketing Granted Order (MGO) will be eligible for legal sale in Hawaii. 

Beginning October 1, 2026, manufacturers wishing to sell products in the state must: 

• Submit proof of FDA marketing authorization.  
• Certify compliance with applicable state and federal laws.  
• Pay a $1,000 certification fee for each product line.  

 

Starting January 1, 2027, Hawaii's Attorney General will publish an official directory listing the manufacturers, brands, and products approved for sale. 

Any vaping product not appearing on that directory will be prohibited from retail sale within the state. 

 

Disposable Vape Ban Takes Effect in 2027 

 

The second measure, Senate Bill 2175, bans the sale and distribution of all disposable electronic cigarettes beginning January 1, 2027. 

The legislation applies regardless of flavor or nicotine strength and includes civil penalties of $100 per day, per product for violations. 

State officials cited both youth vaping concerns and environmental issues related to discarded lithium-ion batteries as reasons for adopting the ban. 

 

Significant Penalties for Non-Compliance 

 

The legislation includes substantial enforcement provisions affecting both retailers and manufacturers. 

Retailers 

Businesses selling products not listed in Hawaii's directory may face: 

• $500 per product for a first violation.  
• Up to $2,000 per product for subsequent violations.  

Manufacturers 

Manufacturers offering non-compliant products may face: 

• Civil penalties of up to $10,000 per product.  
• Potential misdemeanor criminal charges.  

 

These penalties make compliance a critical priority for companies hoping to continue operating in Hawaii's market. 

 

Why This Matters 

 

Although Hawaii represents a relatively small market, the legislation reflects a broader trend emerging across the country. 

More states are adopting PMTA-based product directories, tying legal sales to FDA-authorized products rather than allowing products currently under FDA review or marketed through pending premarket applications. 

Industry observers note that, because the FDA has authorized only a limited number of vaping products to date, these directory laws can significantly reduce the number of products available to adult consumers. 

When combined with Hawaii's disposable vape ban, the practical effect is expected to remove the overwhelming majority of products currently sold in the state beginning in 2027. 

 

What's Next for the Industry? 

 

Manufacturers, distributors, wholesalers, and retailers should begin evaluating how Hawaii's new requirements may affect their product portfolios well before the January 2027 implementation date. 

Companies doing business in Hawaii should review: 

• Which products currently hold FDA marketing authorization.  
• Product certification requirements.  
• Directory submission deadlines.  
• Retail inventory planning.  
• Distributor compliance procedures.  

 

As additional states consider similar legislation, regulatory compliance is becoming an increasingly important part of doing business in the vapor industry. 

 

MiPod Wholesale Will Continue Monitoring State Regulations 

 

State-specific vapor regulations continue to evolve rapidly, with product directories, licensing requirements, and product restrictions becoming more common across the country. 

MiPod Wholesale will continue tracking legislative and regulatory developments nationwide, providing retailers with timely updates on new laws, compliance requirements, and changes that could impact the vapor marketplace.