New vaping laws that ban electronic cigarettes inside public places and affect online purchases in the state of Illinois took effect Jan. 1.
When it comes to what the c-store channel should expect as the year unfolds, U.S. Policy Analyst Elizabeth Hicks, of the Consumer Choice Center, an independent, nonpartisan consumer advocacy group based in Washington, D.C., told CSP that “retail is very much divided between online and brick-and-mortar interests, and Illinois’ new vaping restrictions will be no different.”
Illinois Senate Bill 3098, signed into law Aug. 9, prohibits e-cigarettes purchased by mail, online or through other remote sale methods from being shipped to anyone in the state other than a distributor or retailer.
The new legislation is to protect youth from the dangers of vaping, said Illinois State Sen. Meg Loughran Cappel (D-Shorewood), adding that the internet has made it “very easy” for kids to get vapes by clicking a button online.
But Hicks said that limiting online sales runs the risk of pushing consumers toward the illicit market.
“Emboldening the illicit market presents concerns for youth as age verifications are not prioritized and products aren't regulated to meet appropriate safety standards,” she said.
Last month, Rep. Raja Krishnamoorthi (D-Illinois) of the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (CCP) joined with Illinois’ Cook County Sheriff Tom Dart and other local officials at Lurie Children’s Hospital in Chicago to address new efforts to combat youth vaping, including announcing a new investigation into Chinese illicit vape manufacturers.
“Hundreds of illegal vaping and e-cigarette products, often marketed with bright packaging and ads targeting young people, are still readily available on the market despite lacking approval from the Food and Drug Administration,” Krishnamoorthi said. “The FDA must heed my request and take action to remove all illegal vaping products from shelves in Cook County, across Illinois, and throughout the U.S.”
House Bill 1540, which was signed by Gov. J.B. Pritzker (D-Illinois) on July 28, 2023, bans the usage of e-cigarettes in indoor public spaces and adds electronic smoking devices to the 2008 Smoke-Free Illinois Act that banned smoking in most public spaces in the state.
“E-cigarettes contain nicotine and other chemicals which can be harmful to both those who use them and those who are exposed to them,” said Illinois Department of Public Health Director Sameer Vohra in a statement when the new law was signed. “Just like smoking, vaping can lead to lung damage and nicotine addiction.”
Hicks said that regulating e-cigarettes in the same way as combustible cigarettes is not the best practice.
“By doing so, regulators are deterring consumers away from embracing less harmful nicotine alternatives that could benefit public health throughout Illinois. Failing to embrace less harmful nicotine products will exacerbate the harms caused by smoking, including the hefty bill picked up by taxpayers for smoking-related illnesses covered by government expenditures, ” she said.
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