SB 2733: Department of Health; Department of the Attorney General; Liquor Commissions; Intoxicating Liquor; Advertisements; Cancer-Risk Warnings; Penalties

THE SENATE	S.B. NO.	2733
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to liquor.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the United States Surgeon General has determined that the consumption of liquor and alcoholic beverages increases the risk of cancer.  Leading national and international health authorities classify liquor and alcoholic beverages as group 1 carcinogens that are causally linked to at least seven types of cancer, including breast cancer in women, colorectal cancer, liver cancer, esophageal cancer, mouth cancer, throat cancer, and voice box cancer.  Accordingly, liquor and alcohol consumption is responsible for a substantial share of preventable cancer cases and deaths each year.

     The legislature further finds that the risk of liquor- and alcohol-related cancer increases proportionally to the amount of liquor or alcohol that one consumes.  For some types of cancer, however, the risk increases even at low levels of liquor and alcohol consumption, such as for breast cancer in females.  Fewer than half of American adults are aware that drinking liquor or alcohol may cause cancer, underscoring the need for clear, factual cancer-risk warnings for liquor and alcohol consumption to enable consumers to make informed choices.

     Accordingly, the purpose of this Act is to:

     (1)  Require an advertisement for liquor or alcohol to include a cancer-risk warning;

     (2)  Establish guidelines for cancer-risk warnings included in advertisements for liquor or alcohol; and

     (3)  Establish penalties for an advertiser that fails to include a compliant cancer-risk warning in an advertisement for liquor or alcohol.

     SECTION 2.  This Act shall be known and may be cited as the "Alcohol and Liquor Advertising Cancer-Risk Warning Act".

     SECTION 3.  Chapter 281, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .  cancer-risk warnings in liquor advertisements

     §281-A  Definitions.  As used in this part:

     "Advertisement" or "advertising" means any paid or in-kind communication, marketing, or promotion of any liquor, alcoholic beverage, beverage containing liquor, or brand of alcoholic beverage or liquor, other than labeling or packaging, that is disseminated through print, digital, audio, video, outdoor, transit, point-of-sale display, event sponsorship material, social media, or any other mass media channel.

     "Advertiser" means a manufacturer, importer, distributor, wholesaler, retailer, alcohol- and liquor-delivery marketplace, or any agent or affiliate who creates places, or pays for an advertisement.

     "Department" means the department of health.

     "Digital advertisement" means any advertisement delivered through a website, mobile application, streaming audio or video, social media, search engine, or digital out-of-home screen.

     "Label" and "labeling" shall have the same meaning as defined in title 27 Code of Federal Regulations.

     "Point-of-sale display" means any non-price advertising sign or display at a retail location that advertises a brand of alcoholic beverage or promotes liquor consumption.

     §281-B  Cancer-risk warning; liquor advertisements; required; alternative statements; modifications; prohibited.  (a)  Beginning January 1, 2027, an advertisement for liquor shall clearly and conspicuously include one of the following cancer-risk warning statements:

     (1)  "Drinking alcohol and liquor causes cancer, including breast and colorectal cancer"; or

     (2)  "The Surgeon General has advised that alcohol and liquor cause cancer, including breast and colorectal cancer".

     (b)  The department may authorize equivalent factual statements that:

     (1)  Convey the same material risk information;

     (2)  Are supported by the best available public health evidence; and

     (3)  Are not less prominently displayed than the statement required under subsection (a).

     (c)  An advertiser shall not add any text, image, or sound that contradicts or diminishes the cancer-risk warning.

     (d)  In addition to the cancer-risk warning required under this section, the department may issue alternative warnings for narrowly-targeted campaigns, including but not limited to pregnancy risks and impaired driving risks associated with the consumption of liquor.

     §281-C  Visual advertisements; audio-only advertisements; digital advertisements; out-of-home advertisements; point-of-sale display advertisements; retail licensees; requirements.  (a)  A cancer-risk warning required by section 281-B included in a visual advertisement for liquor, including a print, outdoor, static, digital, or video advertisement, shall:

     (1)  Occupy not less than fifteen per cent of the total display area of the advertisement; provided that for a video advertisement, a cancer-risk warning shall:

          (A)  Occupy not less than ten per cent of the total display area of the advertisement; and

          (B)  Be displayed for the entire duration of the video advertisement;

     (2)  Be displayed on a high-contrast solid background in sans-serif font with a minimum font size of not less than four per cent of the height of the advertisement; provided that for a video or digital advertisement, the minimum font size shall be not less than four per cent of the height in pixels;

     (3)  Be displayed as a continuous text block aligned to the left or center with a one-point border and a cap-height padding of not less than half-a-point;

     (4)  Be displayed in the upper quarter of the advertisement or immediately adjacent to the principal claim or product image; and

     (5)  Not be rotated or obscured.

     (b)  An audio-only advertisement for liquor, including a radio, streaming audio, or podcast advertisement, shall include the cancer-risk warning required by section 281-B, which shall be:

     (1)  Preceded by an announcement of the word "warning";

     (2)  Not less than four seconds in duration; and

     (3)  Plainly audible and spoken at a normal pace.

     (c)  An audio-visual advertisement for liquor shall include the cancer-risk warning required by section 281-B that meets the requirements described in subsections (a) and (b).

     (d)  A digital advertisement for liquor shall include the cancer-risk warning required by section 281-B, which shall:

     (1)  Be displayed on the landing screen without user action and shall remain visible for not less than five seconds before any action to dismiss the warning becomes available to the user;

     (2)  For a responsive layout, be scaled to maintain the minimum area and height requirements described in subsection (a); or

     (3)  For a short-form video not more than fifteen seconds in duration, be displayed on-screen for the entirety of the short-form video.

     (e)  An out-of-home advertisement for liquor, including any advertisement displayed on a billboard or public transit, shall include the cancer-risk warning required by section 281-B that:

     (1)  Meets the requirements described in subsection (a); and

     (2)  Is legible from a reasonable viewing distance; provided that the department may adopt rules to regulate minimum letter heights in accordance with the dimensions of a sign.

     (f)  A point-of-sale display advertisement for liquor, including endcaps, brand signage, shelf talkers with dimensions larger than fifteen square inches, shall include the cancer-risk warning required by section 281-B, which shall be not less than five inches in height and seven inches in width or fifteen per cent of the display area, whichever is greater.

     (g)  A retail licensee that sells liquor to consumers for off-premises consumption shall display at least one cancer-risk warning notice that shall be:

     (1)  Approved by the department; and

     (2)  Not less than eleven inches in height and seventeen inches in width.

     (h)  The department shall provide the cancer-risk warning template in compliance with subsection (g) at no cost to a retail licensee.

     §281-D  Exemptions.  (a)  This part shall not apply to any label, labeling, or packaging requirements for liquor to the extent governed by Alcohol and Tobacco Tax and Trade Bureau standards adopted pursuant to title 27 Code of Federal Regulations.

     (b)  The following shall be exempt from the requirements of this part:

     (1)  Any content promoting the purchase or consumption of liquor not paid for by an advertiser;

     (2)  A promotional item with a total printable area not more than nine square inches; provided that any advertisement accompanying the promotional item shall be in compliance with the requirements of this part; and

     (3)  A price-only sign on the premises of a retail licensee that displays only numerals, unit descriptions, and required disclosures.

     §281-E  Penalties; enforcement; liability; recordkeeping required.  (a)  An advertiser who violates this part shall be subject to a fine of not more than:

     (1)  $1,000 per noncompliant advertisement for a first violation;

     (2)  $5,000 per noncompliant advertisement for a second violation within twelve months of the first violation; and

     (3)  $10,000 per noncompliant advertisement for a subsequent violation within twelve months of a second or previous violation.

     (b)  Each noncompliant advertisement for liquor shall constitute a separate violation.

     (c)  For a digital advertisement, an enforcing agency shall issue written notice to the retail licensee and allow the retail licensee not more than seventy-two hours to cure the violation before assessing a penalty for a first violation by that advertiser in a twelve-month period.

     (d)  A third-party platform or publisher shall not be liable for a violation of this part; provided that the third-party platform or publisher:

     (1)  Implements and maintains standard processes to ensure that cancer-risk warnings are included in advertisements and in compliance with this part;

     (2)  Provides written notice to advertisers of the requirements of this part; and

     (3)  Promptly removes or corrects noncompliant advertisements upon notice from the department.

     (e)  An advertiser shall retain for not less than two years any media buys, creative proofs, and ad-server screenshots sufficient to demonstrate compliance with this part to the department.  An advertiser shall produce the required material to an enforcing agency upon request.

     (f)  For the purposes of this section, "enforcing agency" means the department of the attorney general, department of commerce and consumer affairs, department of health, or appropriate county liquor commission.

     §281-F  Rules.  The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this part.  The rules shall include requirements for:

     (1)  Model artwork files, including vector and raster, minimum pixel sizes, contrast ratios, and typography specifications for cancer-risk warnings; and

     (2)  The languages into which an advertiser shall translate cancer-risk warnings."

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act shall take effect on January 1, 2027.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Department of Health; Department of the Attorney General; Liquor Commissions; Intoxicating Liquor; Advertisements; Cancer-Risk Warnings; Penalties

 

Description:

Requires an advertisement for liquor or alcohol to include a cancer-risk warning.  Establishes guidelines for cancer-risk warnings included in advertisements for liquor or alcohol.  Establishes penalties for an advertiser that fails to include a compliant cancer-risk warning in an advertisement for liquor or alcohol.  Effective 1/1/2027.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.