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HB 2634

Charitable gaming; use of proceeds, charitable gaming adjusted gross receipts, effective date.

2025 Regular Session Introduced by Tony Wilt

Requires downstream sellers to obtain and keep manufacturer certifications that their electronic cigarettes are not adulterated, with penalties for noncompliance.

Left in General Laws
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Bill Summary · HB 2634

Summary — HB 2634 (Preventing Youth Vaping Act amendments)

Status and sponsors
- Bill: HB 2634 — “Youth Vaping Prevention” (amendment to the Preventing Youth Vaping Act, 410 ILCS 86)
- Primary sponsor: Rep. Robert “Bob” Rita; Co‑sponsor added: Rep. Camille Y. Lilly
- Filed/Introduced: February 2025 (introduced 2/6/2025 / filed 2/11/2025)
- Latest status (as of provided record): Rule 19(a) / Re‑referred to Rules Committee (4/11/2025)

Purpose / intent
- Clarify which electronic cigarette products are excluded from being treated as “adulterated” under state law for lack of required federal premarket review, and
- Require downstream sellers (distributors, secondary distributors, retailers) to obtain and retain manufacturer certifications demonstrating that products they sell are not “adulterated.”
- Expand enforcement pathways (including Attorney General authority under the Consumer Fraud and Deceptive Business Practices Act).

Key provisions and changes
1. Clarifies adulteration exemption (410 ILCS 86/15)
- Electronic cigarettes first sold prior to August 8, 2016, and for which a pending premarket tobacco product application (PMTA) was submitted to the U.S. FDA by September 9, 2020, shall not be deemed “adulterated” under the federal premarket review provision (21 U.S.C. 387j(a)). (Language replaces prior phrasing to emphasize “pending” PMTAs.)

  1. New certification requirement (added Sec. 15a)

    • Any distributor, secondary distributor, or retailer who sells, offers for sale, or distributes electronic cigarettes in Illinois must:
      • Obtain at time of purchase a written certification from the manufacturer that the product is not “adulterated” (per Sec. 15(4)(C)).
      • The certification must include either the date the product’s PMTA was submitted to FDA or the date the product received an FDA marketing granted order.
      • Sellers may not sell or distribute products without obtaining the certification.
      • Maintain copies of certifications (paper or electronic) for at least 2 years and produce them on request to the Department of Revenue, Attorney General, or other authorized enforcement entities.

  2. Manufacturer statements and seller liability

    • Manufacturers are prohibited from providing false or misleading statements in the required certifications.
    • Distributors, secondary distributors, or retailers are protected from liability for a manufacturer’s false or misleading certification statements.

  3. Enforcement, penalties, and remedies (410 ILCS 86/35)

    • Criminal: Violation of Sec. 15 (prohibitions) by a distributor/secondary distributor/retailer/person is a Class 4 felony.
    • Administrative/civil: Department of Revenue may suspend/revoke licenses and impose civil penalties up to the greater of 500% of the retail value of the involved electronic cigarettes or $10,000.
    • Contraband/seizure: Products acquired/held/transported/sold in violation are contraband, subject to seizure and forfeiture and shall be destroyed or used undercover.
    • Reporting: Any violation must be reported to the Department of Revenue within 7 business days.
    • Attorney General: May enforce violations of Sections 15, 15a, or 25 as unlawful practices under the Consumer Fraud and Deceptive Business Practices Act.

Who is affected
- Manufacturers: must provide truthful certifications and supply dates of PMTA submission or marketing order when requested.
- Distributors, secondary distributors, retailers: must obtain, retain (2 years), and produce manufacturer certifications; face criminal, civil, and licensing penalties for violations (but are shielded from liability for manufacturer falsehoods).
- Consumers: potential indirect effects on product availability and compliance-related market changes.
- Enforcement agencies: Department of Revenue (licensing, penalties), Attorney General (consumer‑fraud enforcement).

Practical impact
- Places a compliance burden on downstream sellers to validate and document manufacturers’ regulatory status for products prior to sale in Illinois.
- Preserves a narrow class of pre‑August 8, 2016 products with PMTAs pending by Sept 9, 2020 from being treated as adulterated, potentially protecting certain legacy products from automatic prohibition.
- Broadens enforcement options (criminal, administrative, consumer‑fraud) to deter unauthorized sales and mislabeling.

Statutory references
- Amends: Preventing Youth Vaping Act (410 ILCS 86), adding Section 15a and modifying Sections 15 and 35.

If you want, I can draft a one‑page checklist for compliance that distributors/retailers could use to implement the new certification and recordkeeping requirements.

Compiled from official sources — confirm details with the bill’s official record.

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