Sec. 15. Prohibitions.

460 words·~2 min read·/il/chapter-410/act-86/15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is unlawful for a person to do any of the following:

(1)To sell or distribute in this State; to acquire, hold, own, possess, or transport,

for sale or distribution in this State; or to import, or cause to be imported into this State for sale or distribution in this State:

(A)any electronic cigarette with packaging that:

(i)bears any statement, label, stamp, sticker, or notice indicating that the

manufacturer did not intend the electronic cigarette to be sold, distributed, or used in the United States, including, but not limited to, labels stating "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording; or

(ii)does not comply with:

(I)all requirements imposed by or pursuant to federal law regarding

warnings and other information on packages of electronic cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States; and

(II)all federal trademark and copyright laws; and

(B)any electronic cigarette that the person otherwise knows or has reason to know

the manufacturer did not intend to be sold, distributed, or used in the United States.

(2)To alter the packaging of an electronic cigarette, prior to sale or distribution to

the ultimate consumer, so as to remove, conceal, or obscure any statement, label, stamp, sticker, or notice required under this Section or federal law.

(3)To affix any stamp required under this Act to the packaging of any electronic

cigarettes described in subparagraph

(A)of paragraph

(1)or altered in violation of subparagraph

(A)of paragraph (1).

(4)To adulterate an electronic cigarette for sale in this State. An electronic

cigarette is adulterated if:

(A)it consists in whole or in part of any filthy, putrid, or decomposed substance,

or is otherwise contaminated by any added poisonous or deleterious substance that may render the product injurious to health;

(B)it is held or packaged in containers composed, in whole or in part, of any

poisonous or deleterious substance that may render the contents injurious to health; or

(C)it is required by 21 U.S.C. 387j(a) to have premarket review and does not have

an order in effect under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of an order under 21 U.S.C. 387j(c)(1)(A).

Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be adulterated under subparagraph

(C)of paragraph

(4)of this subsection.

(b)A distributor, secondary distributor, retailer, or person who violates this Section shall be guilty of a Class 4 felony.

(c)Any violation of this Act shall be reported to the Department of Revenue within 7 business days.