By Timothy S. Donahue

Top Takeaways:

• Producer burden proposed: Illinois legislation would require vape manufacturers to establish and fund programs for the collection and disposal of devices.
• Supply chain liability: If brand owners cannot be identified, responsibility would shift to importers, distributors or retailers.
• Environmental focus: Supporters argue discarded vapes pose landfill and battery hazards; the bill is pending committee review.

Disposable vapes don’t just disappear when they’re tossed. An Illinois bill filed Jan. 29 would require producers of electronic nicotine delivery systems (ENDS), including vapes, to manage and finance the collection and disposal of their products through stewardship programs.

The legislation, referred to the committee on Feb. 2 and awaiting a hearing, would require brand owners to establish their own disposal program or join a statewide producer responsibility organization (PRO) within two years of the bill’s effective date. The programs would collect used devices and ensure their recycling or safe disposal.

If a brand owner cannot be identified or is not subject to Illinois jurisdiction, responsibility would shift down the supply chain — first to the importer, then to the distributor, and finally to the seller.

According to Jen Walling, CEO of the Springfield-based Illinois Environmental Council (IEC), these materials make most devices non-recyclable through traditional waste systems.

“Electronic smoking devices, also known as e-cigarettes or vapes, pose environmental and public health risks due to the batteries, metals, plastics and hazardous substances such as nicotine in them,” Walling said.

Because many devices are single-use and are not recyclable through standard municipal programs, most end up in landfills.

Under the proposal, producers would be required to finance the programs and inform consumers about disposal options. The Illinois Environmental Protection Agency would oversee and approve program plans. Producers found out of compliance could face civil penalties of up to $10,000.

The bill does not include a dedicated enforcement division or inspection framework.

The proposal was developed by Pontiac High School students Andrew Diaz and Allison Hovaniec, who created the idea as part of a government class assignment.

“As we kind of realized that it’s a widespread problem and that there are vapes all over the environment, we ended up deciding that we wanted to kind of make this a legislation,” Hovaniec said. “It’s not just something that will just kind of go away after a while.”

The students worked with Rep. Kelly Cassidy and the IEC to draft the legislation.

“I’m concerned about a lot of different impacts of vaping, to be perfectly honest with you,” Cassidy said. “These batteries are just getting thrown into the garbage. … There’s a lot of reasons to want to control these products.”

Walling said the stewardship model mirrors extended producer responsibility programs already used for electronics and other waste streams.

“I just think that there are consumers that care about this, and there will be efforts by the industry to try to meet certain goals where they need to collect these, so they’re going to go out of their way to try and get more,” Walling said. “That might mean different education or different incentives that they offer consumers, or you know, maybe just putting it in convenient places for people to be able to dispose of them.”

The bill remains pending in committee.