Hawaii Act 190: ESD and e-liquid certification due October 1, 2026

Hawaii Acts 189 and 190 (Session Laws of Hawaii 2026), signed by Governor Josh Green on July 7, 2026, set state product standards for electronic smoking devices (ESDs) and e-liquids alongside the federal FDA tobacco regime. Under Act 190 (H.B. 1573, H.D. 2), codified at HRS chapter 28 part I section 28-, the first annual manufacturer certification falls due on October 1, 2026.

Every manufacturer of an ESD or e-liquid sold in Hawaii, directly or through any importer, distributor, wholesaler or retailer, must file an annual certification under penalty of perjury with the Attorney General's Tobacco Enforcement Unit by October 1, 2026, or face perjury liability and, from January 1, 2027, removal from the Hawaii Electronic Smoking Device and E-Liquid Directory with seizure, forfeiture, destruction and retailer fines of USD 500 to USD 2,000 per item.

• Deadline : October 1, 2026, first annual manufacturer certification under Act 190, HRS section 28-, recurring annually
• Who : Manufacturers of ESDs and e-liquids sold in Hawaii, and their importers, distributors, wholesalers and retailers
• What : File the annual certification with the AG Tobacco Enforcement Unit listing brand, product, category and flavor, attach the FDA marketing granted order, and pay USD 1,000 per product
• Otherwise : A false certification is perjury; from January 1, 2027 unlisted products cannot be sold and face seizure, forfeiture and destruction, with retailer fines of USD 500 to USD 2,000 per item
• Official source : Hawaii AG, Tobacco Enforcement Unit: notice of new laws re electronic smoking devices and e-liquids

What is due on October 1, 2026

Two obligations under Act 190 (HRS section 28-) fall due on October 1, 2026 and recur annually. Under HRS section 28-(a), every manufacturer of an ESD or e-liquid sold in Hawaii must certify under penalty of perjury to the Tobacco Enforcement Unit that it holds an FDA marketing granted order (21 U.S.C. 387j) and complies with state and federal tobacco law. Under HRS section 28-(b),(c), the manufacturer must submit the certification form separately listing each brand, product, category (disposable ESD, power unit, device, e-liquid) and flavor, attach a copy of the FDA order, and pay USD 1,000 for each ESD and e-liquid per submission.

Signed on July 7, 2026, the certification recurs each year, and the Directory-only sales restriction and disposable ESD ban take effect on January 1, 2027.

Who is covered

The certification duty falls on every manufacturer of an ESD or e-liquid sold in Hawaii, directly or through any dealer, distributor, importer, retailer or wholesaler (HRS section 28-(a)). Importers, distributors, wholesalers and retailers are exposed because, from January 1, 2027, only products listed in the public Hawaii Electronic Smoking Device and E-Liquid Directory may be lawfully sold. The gate is the FDA marketing granted order under 21 U.S.C. 387j: a product without one cannot be certified or listed.

What to do before October 1, 2026

• Confirm each ESD and e-liquid sold in Hawaii holds an FDA marketing granted order under 21 U.S.C. 387j
• Compile the annual certification form listing every brand, product, category (disposable ESD, power unit, device, e-liquid) and flavor
• Attach a copy of the FDA marketing granted order for each product
• Pay the USD 1,000 fee for each ESD and e-liquid per submission
• Verify compliance with state (HRS chapters 28, 245, 486P) and federal (15 U.S.C. 376, 376a; 18 U.S.C. 1716; 21 U.S.C. 331) law for each product
• File the certification under penalty of perjury with the AG Tobacco Enforcement Unit
• Prepare for the January 1, 2027 Directory-only sales cutoff and disposable ESD ban

What happens otherwise

A false certification is made under penalty of perjury. From January 1, 2027, only ESDs and e-liquids listed in the public Hawaii Electronic Smoking Device and E-Liquid Directory may be lawfully sold; unlisted products are subject to seizure, forfeiture and destruction. Retailers that buy, sell or possess an unlisted product face graduated per-item fines within a 12-month window, plus recoverable costs and unfair-practices liability under HRS section 480-2.

Under Act 189 (HRS section 328J-), selling a disposable ESD from January 1, 2027 carries a fine up to USD 100 per day per violation, with the sale of 20 or fewer devices counting as a single violation. The Hawaii Department of the Attorney General, Criminal Justice Division, Tobacco Enforcement Unit enforces the regime, with the Department of Health. Continuous per-jurisdiction monitoring surfaces a state filing deadline or directory cutoff the moment it publishes.

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Sources

• Hawaii Department of the Attorney General, Criminal Justice Division, Tobacco Enforcement Unit: notice of new laws re electronic smoking devices and e-liquids