YOUTH VAPING PREVENTION

Illinois General Assembly - Full Text of HB2634

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2634

Introduced 2/6/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

410 ILCS 86/15
410 ILCS 86/15a new
410 ILCS 86/35

Amends the Preventing Youth Vaping Act. In provisions regarding
prohibitions, provides that electronic cigarettes first sold prior to
August 8, 2016, and for which a pending premarket tobacco product
application was submitted (rather than 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. Provides that any distributor, secondary distributor, or
retailer who sells, offers for sale, or distributes electronic cigarettes
shall obtain a certification by the manufacturer stating that the
cigarettes are not adulterated, with certain requirements. Limits
liability for a distributor, secondary distributor, or retailer for a
false or misleading statement in a certification. Provides that the
Attorney General may enforce violations of these provisions under the
Consumer Fraud and Deceptive Business Practices Act.
LRB104 08641 BDA 18694 b

A BILL FOR

HB2634
LRB104 08641 BDA 18694 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Preventing Youth Vaping Act is amended by
5
changing Sections 15 and 35 and by adding Section 15a as
6
follows:

7

(410 ILCS 86/15)
8

Sec. 15.
Prohibitions.
9

(a) It is unlawful for a person to do any of the following:
10

(1) To sell or distribute in this State; to acquire,
11

hold, own, possess, or transport, for sale or distribution
12

in this State; or to import, or cause to be imported into
13

this State for sale or distribution in this State:
14

(A) any electronic cigarette with packaging that:
15

(i) bears any statement, label, stamp,
16

sticker, or notice indicating that the
17

manufacturer did not intend the electronic
18

cigarette to be sold, distributed, or used in the
19

United States, including, but not limited to,
20

labels stating "For Export Only", "U.S. Tax
21

Exempt", "For Use Outside U.S.", or similar
22

wording; or
23

(ii) does not comply with:

HB2634
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LRB104 08641 BDA 18694 b
1

(I) all requirements imposed by or
2

pursuant to federal law regarding warnings and
3

other information on packages of electronic
4

cigarettes manufactured, packaged, or imported
5

for sale, distribution, or use in the United
6

States; and
7

(II) all federal trademark and copyright
8

laws; and
9

(B) any electronic cigarette that the person
10

otherwise knows or has reason to know the manufacturer
11

did not intend to be sold, distributed, or used in the
12

United States.
13

(2) To alter the packaging of an electronic cigarette,
14

prior to sale or distribution to the ultimate consumer, so
15

as to remove, conceal, or obscure any statement, label,
16

stamp, sticker, or notice required under this Section or
17

federal law.
18

(3) To affix any stamp required under this Act to the
19

packaging of any electronic cigarettes described in
20

subparagraph (A) of paragraph (1) or altered in violation
21

of subparagraph (A) of paragraph (1).
22

(4) To adulterate an electronic cigarette for sale in
23

this State. An electronic cigarette is adulterated if:
24

(A) it consists in whole or in part of any filthy,
25

putrid, or decomposed substance, or is otherwise
26

contaminated by any added poisonous or deleterious

HB2634
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LRB104 08641 BDA 18694 b
1

substance that may render the product injurious to
2

health;
3

(B) it is held or packaged in containers composed,
4

in whole or in part, of any poisonous or deleterious
5

substance that may render the contents injurious to
6

health; or
7

(C) it is required by 21 U.S.C. 387j(a) to have
8

premarket review and does not have an order in effect
9

under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
10

an order under 21 U.S.C. 387j(c)(1)(A).
11

Electronic cigarettes first sold prior to August 8, 2016
12
and for which a
pending
premarket tobacco product application
13
was submitted to the U.S. Food and Drug Administration by
14
September 9, 2020 shall not be deemed to be adulterated under
15
subparagraph (C) of paragraph (4) of this subsection.
16

(b) A distributor, secondary distributor, retailer, or
17
person who violates this Section shall be guilty of a Class 4
18
felony.
19

(c) Any violation of this Act shall be reported to the
20
Department of Revenue within 7 business days.
21
(Source: P.A. 102-575, eff. 1-1-22.)

22

(410 ILCS 86/15a new)
23

Sec. 15a.
Certifications.

24

(a) Any distributor, secondary distributor, or retailer
25
who sells, offers for sale, or distributes electronic

HB2634
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LRB104 08641 BDA 18694 b
1
cigarettes in this State shall:
2

(1) obtain, upon purchase of any electronic cigarettes
3

for sale or distribution in this State, a certification by
4

the manufacturer of the electronic cigarettes stating that
5

the electronic cigarettes are not adulterated as that term
6

is used in paragraph (4) of Section 15, and, for purposes
7

of determining compliance with subparagraph (C) of
8

paragraph (4), the certification shall include the date on
9

which the electronic cigarette's pending premarket tobacco
10

product application was submitted to the United States
11

Food and Drug Administration or the date on which the
12

electronic cigarette received a marketing granted order
13

from the United States Food and Drug Administration;
14

(2) not sell, offer for sale, or distribute any
15

electronic cigarettes in this State for which it has not
16

obtained the certification described in paragraph (1);
17

(3) maintain, whether in paper or electronic form, for
18

at least 2 years, a copy of any certification provided to
19

it by a manufacturer under paragraph (1); and
20

(4) produce a copy of any certification provided to it
21

by a manufacturer under paragraph (1) upon request by the
22

Department of Revenue, the Attorney General, or any entity
23

with enforcement authority under subsection (b) of Section
24

10 of this Act.
25

(b) No manufacturer of electronic cigarettes shall
26
provide any false or misleading statement in any certification

HB2634
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LRB104 08641 BDA 18694 b
1
provided to a distributor, secondary distributor, or retailer
2
under paragraph (1). A distributor, secondary distributor, or
3
retailer shall not be held liable for a false or misleading
4
statement provided by a manufacturer in a certification.

5

(410 ILCS 86/35)
6

Sec. 35.
Violations.
7

(a) Upon a finding that a distributor, secondary
8
distributor, retailer, or person has committed any of the
9
conduct prohibited under this Act or any rule adopted under
10
this Act, knowing or having reason to know that he or she has
11
done so, the Department of Revenue may: revoke or suspend the
12
license or licenses of the distributor, secondary distributor,
13
retailer, or person pursuant to the procedures set forth in
14
the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco
15
Products Tax Act of 1995; and impose on the distributor,
16
secondary distributor, retailer, or person a civil penalty in
17
an amount not to exceed the greater of 500% of the retail value
18
of the electronic cigarettes involved or $10,000.
19

(b) Electronic cigarettes that are acquired in, held in,
20
owned in, possessed in, transported within, imported into, or
21
sold or distributed across this State in violation of this Act
22
shall be deemed contraband under this Act and are subject to
23
seizure and forfeiture as provided in subsection (g) of
24
Section 1 of the Prevention of Tobacco Use by Persons under 21
25
Years of Age and Sale and Distribution of Tobacco Products

HB2634
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LRB104 08641 BDA 18694 b
1
Act, and all such electronic cigarettes seized and forfeited
2
shall be destroyed or maintained and used in an undercover
3
capacity. Such electronic cigarettes shall be deemed
4
contraband whether the violation of this Act is knowing or
5
otherwise.
6

(c) The Attorney General may enforce violations of Section
7
15
, 15a,
or 25 of this Act as an unlawful practice under the
8
Consumer Fraud and Deceptive Business Practices Act.
9
(Source: P.A. 102-575, eff. 1-1-22.)

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