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; 720 Ill. Comp. Stat. 675/1 (a-9) (2023)
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 delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, any components or parts that can be used to build the product or device, and any component, part, or accessory of a device used during the operation of the device, even if the part or accessory was sold separately.”
720 Ill. Comp. Stat. 675/1(a-9); 720 Ill. Comp. Stat. 678/2; 410 Ill. Comp. Stat. 86/5 (2023)
Tobacco product means “any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. ‘Tobacco product’ includes any component, part, or accessory of a tobacco product, whether or not sold separately.”
720 Ill. Comp. Stat. 675/1(a-9) (2023)
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 (2023)
Tax and Retail License
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, except for … any device designed solely for use with cannabis [or] contains a solution or substance [subject to applicable cannabis tax]; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device, except for any cartridge or container of a solution or substance that contains cannabis subject to [applicable cannabis tax]; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device, except for any solution or substance that contains cannabis subject to [applicable cannabis tax]… [including] any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any component or parts that can be used to build the product or device.”
35 Ill. Comp. Stat. 143/10-5 (2023)
Tobacco products means “any cigars, including little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff (including moist snuff) or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but does not include cigarettes as defined in Section 1 of the Cigarette Tax Act or tobacco [intended for the manufacture of cigarettes] . . . . Beginning on July 1, 2019, ‘tobacco products’ also includes electronic cigarettes.”
35 Ill. Stat. Comp. 143/10-5 (2023)
Use
Electronic cigarette means “any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product [including] any such product, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor.
410 Ill. Stat. Comp. 82/10 (2023) (Effective January 1, 2024)
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) (2023)
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 (2023)
Electronic cigarettes must be sold in original manufacturer packaging.
720 Ill. Comp. Stat. 675/1 (d) (2023)
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) (2023)
No person under 16 years of age may sell an electronic cigarette at a retail establishment (unless child within family-owned business).
720 Ill. Comp. Stat. 675/1(a-5) (2023)
Self-service display of electronic cigarettes restricted to adult-only tobacco stores.
720 Ill. Comp. Stat. 677/10 (2023)
Vending sales of electronic cigarettes restricted to adult-only facilities.
720 Ill. Comp. Stat. 675/1(b) (2023)
Remote sales of electronic cigarettes require third party age verification.
720 Ill. Comp. Stat. 675/1(a-5.1)(2) (2023)
Delivery sales of electronic cigarettes require common carrier to verify the purchaser’s age through government-issued identification, that the electronic cigarettes are not intended for consumption by anyone under the age of 21, and shall obtain the purchaser’s signature on a written statement certifying that the purchaser is over the age of 21, understands that signing someone else’s name is illegal, understands that the sale of cigarettes to and purchase by persons under age 21 is illegal. Shipment must be in manufacturer’s original packaging or wrapping that clearly states the contents are “electronic cigarettes.”
720 Ill. Comp. Stat. 678/5(c)—(d) (2023)
Additionally for delivery sales, seller must obtain the written certification and make a good faith effort to verify the consumer’s age, and receive payment by a credit or debit card issued in the consumer’s name, or by check or other written instrument in the consumer’s name. Finally, delivery cannot be made to a post office box.
720 Ill. Comp. Stat. 678/7 (2023)
Sale of electronic cigarettes containing polyethylene glycol, vitamin E acetate or medium chain triglycerides prohibited.
410 Ill. Comp. Stat. 86/20 (2023)
Advertising for electronic cigarettes may not encourage persons under 21 years of age to use them or be attractive to persons under 21 years of age, including by inclusion of cartoons, images, characters or phrases popularly used to advertise to children, or video games, movies, videos or animated television shows known to appeal primarily to persons under 21 years of age.
410 Ill. Comp. Stat. 86/25 (2023)
Distribution of free samples of electronic cigarettes restricted to adult-only facilities.
720 Ill. Comp. Stat. 675/1(a-8) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
35 ll. Comp. Stat. 143/10-21 (retailer), 143/10-20 (2023) (distributor)
What smoke-free restrictions exist for e-cigarette use?
Use of electronic cigarette included in definition of “smoking” and prohibited in public places, places of employment, within 15 feet of any entrance, window or ventilation intake to said places, government vehicles, and student dormitories. 410 Ill. Comp. Stat. 82/10 (definition of “smoking”); 410 Ill. Comp. Stat. 82/15 and 70 (prohibition); 410 Ill. Comp. Stat. 82/25 (dorms); 410 Ill. Comp. Stat. 82/35 (exemptions) (2023) (Effective January 1, 2024)
Use of products containing nicotine prohibited in places smoking prohibited on public higher education campuses.
110 Ill. Comp. Stat. 64/10 (definition of “smoking”), 64/15(a) (2023)
Vaping or use of electronic cigarettes prohibited in any building or structure in the Capitol Complex.
Ill. Admin. Code tit. 71, § 2005.40(m) (2023)
Illinois e-cigarette regulations as of September 15, 2023.