E-Cigarette Regulations - Illinois

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
35 Ill. Comp. Stat. 143/10-5 (2019)

 

How does the state define an e-cigarette?

Sales restrictions 

Electronic cigarette means “(1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device… [including] any electronic nicotine nelivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.”
720 Ill. Comp. Stat. 675/1(a-9) (2019); 35 Ill. Comp. Stat. 143/10-5 (2019)

Packaging restrictions

Electronic cigarette or E-Cigarette means “a battery-operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof that are turned into vapor which is inhaled by the user.”
430 Ill. Comp. Stat. 40/2.10 (2019)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Electronic cigarettes taxed at rate of 15% of wholesale price.
35 Ill. Comp. Stat. 143/10-10(a) (2019)

 

What regulations are in place for e-cigarette packaging?

Electronic cigarette liquids may only be sold in child-resistant packaging, excluding e-cigarette products sold in “sealed, pre-filled, or disposable replacement cartridges.”
430 Ill. Comp. Stat. 40/10 (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic cigarettes to persons under age 21 prohibited.
720 Ill. Comp. Stat. 675/1(a) (2019)

Purchase of electronic cigarette by persons under age 21 prohibited.
720 Ill. Comp. Stat.675/1(a) (2019)

Self-service display of electronic cigarettes restricted to adult-only tobacco stores.
720 Ill. Comp. Stat. 677/10 (2019)

Vending sales of electronic cigarettes restricted to adult-only facilities.
720 Ill. Comp. Stat. 675/1(b) (2019)

Remote sales of electronic cigarettes require third party age verification.
720 Ill. Comp. Stat. 675/1(a-5.1)(2) (2019)

 

Is a retail license or permit required to sell e-cigarettes?

No.

 

What smoke-free restrictions exist for e-cigarette use?

Use of products containing nicotine prohibited in places smoking prohibited on public higher education campuses.
110 Ill. Comp. Stat. 64/10 (definition of “smoking”) and 64/15(a) (2019)

Smoking prohibited in motor vehicles when person under 18 years of age is present.
625 Ill. Comp. Stat. 5/11-1432(b) (2019) (effective June 1, 2020)

Vaping or use of electronic cigarettes prohibited in any building or structure in the Capitol Complex.
Ill. Admin. Code tit. 71, § 2005.40(m) (2019)

 

Illinois e-cigarette regulation as of September 15, 2019.

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