Illinois Bans Online Sales of Vaping Devices and Any Sales of Those Resembling Toys or School Supplies

THE Bill 3098 The Illinois Senate bill, signed into law on Aug. 9, prohibits the shipment of vaping products purchased online to anyone in the state, except to distributors and retailers. The state also wants to ban vaping devices that look like pens, toys, school supplies and the like. The legislation is aimed at protecting young people, Sen. M. L. Cappel said, adding that the Internet has made it “very easy” for teens to obtain e-cigarettes.

In the United States, more and more states and municipalities are more strictly regulating the sale of vaping products to combat their increasing consumption by adolescents.

Discreet products that are very easily accessible online

From January 2025[1], it will no longer be possible for residents of the State of Illinois to have vaping products purchased online shipped to them. Only specialized distributors or retailers will be authorized to supply online. Despite the ban on the sale of vaping products to those under 21 in this state, they remain very easily accessible according to Senator Meg Loughran Cappel who indicates that no age verification is carried out when purchasing these products with "one click".

On the same day, the bill was promulgated SB2662, supported by Senator Julie Morrison, which amends the Youth Vaping Prevention Act[2]. The latter prevents a manufacturer, distributor or retailer from advertising, marketing or promoting (online or at the point of sale) an e-cigarette in a manner that is likely to cause a parent, legal guardian, teacher or other adult to mistake an e-cigarette for a product that is not a nicotine product. This includes vaping products that resemble school supplies (pens, highlighters), toys or popular drinks/foods.

So, from the 1^er As of January 2025, anyone selling or marketing e-cigarettes as pens, toys or beverages could be fined up to $10,000 and have their state license suspended.

This comes after numerous complaints from middle and high school officials across the state who discovered e-cigarettes designed to look like school supplies and complained to the Illinois Department of Health and Family Services, according to the state senator's office.

Products in the crosshairs of the Food and Drug Administration (FDA)

July 31, 2024[3], the FDA has issued warning letters to more than a dozen online retailers for selling or distributing unauthorized e-cigarettes targeted at children that resemble cartoon characters, school supplies, toys or beverages. On 1^er In August, the agency authorized the sale of only 34 vaping products and devices across the United States.

In addition to e-cigarettes that look like school supplies, the FDA and public health groups are warning of the arrival on the market of even more sophisticated vaping products that integrate Bluetooth, screens, video games and speakers, all for less than $20 and aimed at a very young audience.[4].

To date, the FDA has issued more than 680 warning letters to various companies for manufacturing, selling, and/or distributing unauthorized vaping products, and has filed civil complaints seeking monetary penalties against 64 manufacturers and more than 140 retailers for distributing and/or selling unauthorized vaping products.

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[1] Diane Adam, New Law to Prohibit E-Cigarettes From Being Shipped to Illinois Passes, CSP Daily News, published August 15, 2024, accessed August 20, 2024

[2] Jonah Meadows, Illinois Cracks Down On Concealed Vapes, Bans E-Cigarettes Masquerading As School Supplies, Patch, published August 14, 2024, accessed August 20, 2024

[3] Press release, FDA Warns Online Retailers Selling Unauthorized Youth Appealing E-Cigarettes, FDA, published August 1, 2024, accessed August 20, 2024

[4] Generation without tobacco, Touch screen electronic cigarettes with video games to attract young people, published on July 29, 2024, consulted on August 20, 2024