Illinois has implemented new vaping laws that took effect on January 1, 2023, banning electronic cigarettes in public places and regulating online purchases. However, these measures have drawn criticism from the Consumer Choice Center, an independent, nonpartisan consumer advocacy group based in Washington, D.C.
Senate Bill 3098: Restricting Online Sales
Illinois Senate Bill 3098, signed into law on August 9, 2022, prohibits the shipping of e-cigarettes purchased by mail, online, or through other remote sale methods to anyone in the state other than distributors or retailers. The legislation aims to protect youth from the dangers of vaping, as State Sen. Meg Loughran Cappel (D-Shorewood) noted that the internet has made it "very easy" for kids to access vapes with just a click.
Elizabeth Hicks, U.S. Policy Analyst at the Consumer Choice Center, expressed concern that limiting online sales could drive consumers toward the illicit market. She stated, "Emboldening the illicit market presents concerns for youth as age verifications are not prioritized and products aren't regulated to meet appropriate safety standards."
In December 2022, Rep. Raja Krishnamoorthi (D-Illinois) joined forces with Illinois' Cook County Sheriff Tom Dart and other local officials to address new efforts to combat youth vaping. They announced a new investigation into Chinese illicit vape manufacturers, as hundreds of illegal vaping and e-cigarette products, often marketed with bright packaging and ads targeting young people, remain readily available despite lacking FDA approval.
House Bill 1540: Banning E-Cigarette Use in Public Spaces
House Bill 1540, signed by Gov. J.B. Pritzker (D-Illinois) on July 28, 2023, bans the use of e-cigarettes in indoor public spaces, adding electronic smoking devices to the 2008 Smoke-Free Illinois Act. Illinois Department of Public Health Director Sameer Vohra emphasized that e-cigarettes contain nicotine and other potentially harmful chemicals, and vaping can lead to lung damage and nicotine addiction, similar to smoking.
Hicks argued that regulating e-cigarettes in the same manner as combustible cigarettes is not the most effective approach. She explained, "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."
As Illinois' new vaping laws take effect, the debate continues over their potential impact on public health, youth access to vaping products, and the growth of the illicit market. Policymakers and advocates alike must carefully consider the unintended consequences of these regulations while working to protect the health and well-being of Illinois residents.
