Illinois Compiled Statutes 410 ILCS 86/15 – Prohibitions
Current as of: 2024 | Check for updates
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(a) It is unlawful for a person to do any of the following:
(1) To sell or distribute in this State; to acquire,
(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:
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(A) any electronic cigarette with packaging that:
(i) bears any statement, label, stamp,
Terms Used In Illinois Compiled Statutes 410 ILCS 86/15
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(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
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(ii) does not comply with:
(I) all requirements imposed by or
(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
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(II) all federal trademark and copyright
laws; and
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(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.
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(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.
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(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).
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(4) To adulterate an electronic cigarette for sale in
this State. An electronic cigarette is adulterated if:
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(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;
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(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
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(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).
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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.
(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.