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SB 3148

FLAVORED TOBACCO-BAN

104th Regular Session Introduced by Mary Edly-Allen

The bill would ban the sale, possession with intent to sell, and offers of all flavored tobacco, related products, flavored nicotine products, and flavored e-cigarette solutions in

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Bill Summary · SB 3148

Summary of SB3148 (104th Illinois General Assembly)

Title: Flavored Tobacco Ban Act

Purpose
- Proposes a statewide ban on sale, offer for sale, or possession with intent to sell of flavored tobacco products, flavored related tobacco products, flavored alternative nicotine products, and flavored solutions/substances used in electronic cigarettes.
- Establishes enforcement, licensing suspension, and related administrative rules to support the ban.

Key Provisions and Changes
- Definitions (Section 5):
- Introduces precise definitions for terms including:
- Alternative nicotine product
- Characterizing flavor
- Distinguishable
- Distributor, retailer, secondary distributor
- Electronic cigarette and related components
- Flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product, and flavored solution/substance intended for use with electronic cigarettes
- Related tobacco product
- Labeling and packaging
- Broadly defines tobacco products to include conventional smokable products and related items (wraps, papers, etc.), while excluding FDA-approved cessation or medical-use products and certain electronic cigarettes/tobacco substitutes from automatic flavor labeling.

  • Prohibition (Section 10):

    • Prohibits a distributor, secondary distributor, retailer, or any agent/employee from selling, offering for sale, or possessing with intent to sell any:
    • Flavored tobacco product
    • Flavored related tobacco product
    • Flavored alternative nicotine product
    • Flavored solution or substance intended for use with electronic cigarettes
    • Allows temporary possession/storage by a distributor of flavored products acquired outside Illinois, provided they are shipped out of state after temporary possession.
    • Establishes a rebuttable presumption that a product is flavored if:
    • It has a distinguishable characterizing flavor, or
    • The manufacturer or agents have publicly communicated that it has such a flavor (including labeling, colors, images).
    • A product with labeling that suggests flavor is presumed flavored.

  • Enforcement and Administration (Section 15 and related):

    • The Department of Human Services enforces the Act and may issue rules/guidelines.
    • Amends other Acts to conform to the new ban.

  • Violations and Penalties (Section 20; cross-referenced sections in related Acts):

    • Violations by distributors, secondary distributors, retailers, or their agents can lead to suspension of licenses under:
    • Cigarette Tax Act
    • Cigarette Use Tax Act
    • Tobacco Products Tax Act of 1995
    • Suspension levels for first through subsequent violations: 3 days (with training program in place), then escalating (7 days, then 30 days for fourth or subsequent violation in some contexts). Specific schedules appear in related provisions and tie to violations under the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.

  • Licensing and Due Process (Sections on Licenses and Appeals):

    • The Department can revoke, cancel, or suspend licenses after notice and a hearing.
    • Provisions mirror typical administrative due-process protections, including opportunities for hearing and judicial review.

  • Training Requirements (cross-reference in Section 4/Section 22 of related Acts in the amendments):

    • If a retailer has a training program for minimum-age tobacco compliance, certain suspension penalties are adjusted.
    • The training program must include:
    • Identification of 21+ eligibility
    • How to check IDs
    • Training can be electronic; signed attestations must be maintained.

  • Effective Date

    • Takes effect June 1, 2026.

  • Severability and Federal/State Conflicts

    • Provisions are severable.
    • Act clarifies no conflict with federal or state law.

Impact and Who is Affected
- Retailers, distributors, and secondary distributors of tobacco products, related tobacco products, alternative nicotine products, and flavored e-cigarette solutions would be directly affected.
- Enforcement agencies (primarily Department of Human Services; Department of Revenue for license actions under related Acts) would oversee compliance, investigations, and enforcement actions.
- Violations could result in suspension or revocation of licenses under existing tobacco-related licensing regimes, with potential additional penalties tied to minimum-age compliance training requirements.

Notes
- The bill text includes extensive cross-references to the Cigarette Tax Act, Cigarette Use Tax Act, and Tobacco Products Tax Act for license actions and enforcement.
- The Act provides a broad framework for identifying flavored products through labeling/claims and includes a rebuttable presumption framework to classify products as flavored.

Effective date: June 1, 2026.

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

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