Public Act 103-0910
 
SB2662 EnrolledLRB103 34615 LNS 64456 b

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