IL SB0664

Manufacturers of tobacco products in Illinois must file annual written certifications with the Department of Public Health by June 1, 2020 and each June 1 thereafter, documenting compliance with federal Family Smoking Prevention and Tobacco Control Act sections 903, 904, 905, and 920.

Tobacco product manufacturers must provide evidence that each product they manufacture, sell, or distribute is either "grandfathered" (introduced before February 15, 2007), "provisional" (introduced February 15, 2007 to March 22, 2011 with FDA substantial equivalence report), or has received FDA marketing authorization for substantial equivalence.

The definition of "tobacco product" includes any product made from or containing tobacco, papers, wraps, tubes, and filters, as well as any product traditionally used with tobacco regardless of labeling claiming non-tobacco use.

Any interested party may file suit in circuit court to enforce the Act, and if they prevail, they are entitled to recover three times their attorney's fees and costs, plus potential punitive damages for wanton or flagrant violations.

The Department of Public Health is authorized to adopt rules for administering and enforcing this Act, which takes effect upon becoming law.