103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2662
 
Introduced 1/10/2024, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:
 
410 ILCS 86/25
    Amends the Preventing Youth Vaping Act. Restricts a manufacturer, distributor, or retailer from advertising, marketing, or promoting an electronic cigarette in a manner that is likely to cause a parent, legal guardian, teacher, or other adult to mistake the electronic cigarette for a product that is not a tobacco product.


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A BILL FOR
 
SB2662LRB103 34615 LNS 64456 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Preventing Youth Vaping Act is amended by 
5changing Section 25 as follows:
 
6    (410 ILCS 86/25)
7    Sec. 25. Advertising.
8    (a) A manufacturer, distributor, or retailer may not 
9advertise, market, or promote an electronic cigarette as a 
10modified risk tobacco product unless it has been designated as 
11a modified risk tobacco product by the United States Food and 
12Drug Administration.
13    (b) A manufacturer, distributor, or retailer may not 
14advertise, market, or promote or advertise an electronic 
15cigarette as providing smoking cessation benefits to consumers 
16unless it has approval from the United States Food and Drug 
17Administration to market its electronic cigarette as a medical 
18product for such purpose.
19    (c) A manufacturer, distributor, or retailer may not 
20advertise, market, or promote an electronic cigarette in a 
21manner that includes fraudulent or misleading terms or 
22statements.
23    (d) A manufacturer, distributor, or retailer may not 
 
 
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1advertise, market, or promote an electronic cigarette in a 
2manner that:
3        (1) encourages persons under 21 years of age to use an 
4    electronic cigarette; or
5        (2) is attractive to persons under 21 years of age, 
6    including, but not limited to, inclusion of the following:
7            (A) cartoons;
8            (B) an image, character, or phrase that is similar 
9        to one popularly used to advertise to children; or
10            (C) a video game, movie, video, or animated 
11        television show known to appeal primarily to persons 
12        under 21 years of age; or
13        (3) is likely to cause a parent, legal guardian, 
14    teacher, or other adult to mistake the electronic 
15    cigarette for a product that is not a tobacco product.
16(Source: P.A. 102-575, eff. 1-1-22.)