Sen. Terry Link, a democrat in the Illinois State Senate has introduced a Bill that would take the electronic cigarette away as an option for long time smokers. If SB3174 passes, the electronic cigarette that contains nicotine would not be allowed to be sold in Illinois until such time that it is FDA approved as either a smoking cessation product or as a tobacco product.

This posses a problem as the FDA continues to assert that the e-cigarette is a new drug and drug delivery device even after a Federal Judge proclaimed that “Because plaintiffs sell their electronic cigarette products for customary recreational use, those products (just like traditional cigarettes) are properly excluded from the meaning of drug or device under the FDCA.” The FDA is incorrectly attempting to categorize the electronic cigarette and is being challenged in court over that categorization. In the mean time the Illinois State Senate wants to allow smokers only deadly tobacco cigarettes or products made by pharmaceutical companies.

Smokers who desperately want an alternative and who have tried the variety of alternatives and quit smoking aids on the market unsuccessfully will have no other option but to quit or die.

SB3174 reads:

“No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined in Section 1 of the Prevention of Tobacco Use by Minors Act…….shall be distributed or sold in this State or to consumers in this State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes…”

You can read the full text at Illinois State Senate Bill: SB3174

If you live in Illinois and you use an electronic cigarette or know someone who does or you believe that competition against tobacco cigarettes should be allowed, we encourage you to contact your local representative and let them know that this Bill should NOT be enacted. Let them know about your personal story with the e-cigarette or with tobacco cigarettes.

To find out who your State Senator or House Member is, visit the Illinois State Board of Elections website. Although we couldn’t find any email addresses, we encourage Illinois residents to call, write, and/or fax their elected officials about the electronic cigarette.

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