Two new vape laws which went into effect on January 1st in the states of Oregon and Illinois, are expected to cause significant disruptions to the local industry and its consumers.
SB 0512, The Preventing Youth Vaping Act, which has taken effect in Illinois, considers any electronic device that delivers nicotine as adulterated if it has not been granted a Premarket Tobacco Product Application (PMTA) by the FDA.
However, since this state adulteration provision only applies to devices that require a PMTA authorization, it will not apply to products that are not considered “tobacco products” under the federal Food, Drug and Cosmetic Act such as products that use synthetic (tobacco-free) nicotine or CBD. Any violators of this new state law will be considered guilty of a Class 4 felony, which carries a 1-to-3-year prison sentence and fines of up to $25,000 if convicted.
Online sales ban in Oregon
While Oregon’s HB 2261, bans the shipment of “inhalant delivery systems” defined as devices that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling or their components, to members of the public other than distributors or retailers. In other words this measure prohibits direct-to-consumer sales, including online sales of e-cigarettes.
Diane Caruana – Vaping Post – 2022-01-07.
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