As of November 6, 2026, Nicotine Vapes (e-cigarettes) are legal to sell at retail with restrictions in Illinois. State law bars unauthorized and additive-laden e-cigarettes; age 21; 45% tax. Controlling source: 410 ILCS 86/15, Prohibitions (Preventing Youth Vaping Act).
Verified November 6, 2026 · confidence: under reviewAre Nicotine Vapes Legal? Every state and federal law
Illinois law has barred, since 2022-01-01, sale of e-cigarettes that fail state product rules under the Preventing Youth Vaping Act (410 ILCS 86). Section 15 treats an e-cigarette that needs FDA premarket review but lacks a 21 U.S.C. 387j order as adulterated (products first sold before 2016-08-08 with a PMTA filed by 2020-09-09 are excepted), bars export-only or noncompliant packaging, and makes a violation a Class 4 felony with contraband seizure (86/35). Section 20 bans PEG, vitamin E acetate and MCT oil additives. The baseline also applies: age 21 with remote-sale age verification (720 ILCS 675/1), a retailer license, and a 45 percent wholesale tax since 2025-07-01. No statewide flavor ban; local ones exist. Registry bill SB 3244 is pending.
(C) it is required by 21 U.S.C. 387j(a) to have premarket review and does not have an order in effect under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of an order under 21 U.S.C. 387j(c)(1)(A). Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be adulterated under subparagraph (C) of paragraph (4) of this subsection.
Among Illinois’s 5 neighbors, Indiana, Kentucky and Wisconsin are restricted; Iowa and Missouri are legal.
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Federally restricted. Federal floor: FDA premarket order required; age 21; PACT Act; no USPS mailing Federal detail
1 instrument on file for this compound’s framework in Illinois; 6 of 6 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
34254256e823a3b6(410 ILCS 86/15) Sec. 15. Prohibitions. (a) It is unlawful for a person to do any of the following: (1) To sell or distribute in this State; to acquire, hold, own, possess, or transport, for sale or distribution in this State; or to import, or cause to be imported into this State for sale or distribution in this State: (A) any electronic cigarette with packaging that: (i) bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the electronic cigarette to be sold, distributed, or used in the United States, including, but not limited to, labels stating “For Export Only”, “U.S. Tax Exempt”, "For Use Outside U.S.", or similar wording; or (ii) does not comply with: (I) all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of electronic cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States; and (II) all federal trademark and copyright laws; and (B) any electronic cigarette that the person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States. (2) To alter the packaging of an electronic cigarette, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure any statement, label, stamp, sticker, or notice required under this Section or federal law. (3) To affix any stamp required under this Act to the packaging of any electronic cigarettes described in subparagraph (A) of paragraph (1) or altered in violation of subparagraph (A) of paragraph (1). (4) To adulterate an electronic cigarette for sale in this State. An electronic cigarette is adulterated if: (A) it consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise contaminated by any added poisonous or deleterious substance that may render the product injurious to health; (B) it is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or (C) it is required by 21 U.S.C. 387j(a) to have premarket review and does not have an order in effect under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of an order under 21 U.S.C. 387j(c)(1)(A). Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be adulterated under subparagraph (C) of paragraph (4) of this subsection. (b) A distributor, secondary distributor, retailer, or person who violates this Section shall be guilty of a Class 4 felony. (c) Any violation of this Act shall be reported to the Department of Revenue within 7 business days. (Source: P.A. 102–575, eff. 1-1-22.) (410 ILCS 86/20) Sec. 20. Additives. An electronic cigarette for sale in this State shall not include the following additives: (1) polyethylene glycol (PEG); (2) vitamin E acetate; or (3) medium chain triglycerides (MCT oil). (Source: P.A. 102–575, eff. 1-1-22.)
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