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(410 ILCS 86/15)
Sec. 15. Prohibitions. (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:
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(A) any electronic cigarette with packaging that:
(i) bears any statement, label, stamp,
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| 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
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| 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
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(B) any electronic cigarette that the person
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| 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
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| 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
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| 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
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| this State. An electronic cigarette is adulterated if:
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(A) it consists in whole or in part of any
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| 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
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| 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
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| 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.
(Source: P.A. 102-575, eff. 1-1-22.)
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