New state law aims to crack down on liquid tobacco, vape sales in Virginia

Among the new state laws that went into effect on July 1 is one that requires retail stores in Virginia to obtain a permit to sell liquid vape and tobacco products, and directs Virginia ABC to lead enforcement efforts regarding the minimum age requirement to purchase vape and tobacco products, and ensuring that only products on the state directory are available for sale.

Businesses have until October to apply for the retail permits, which come with a $400 application fee, which will be used to fund new positions within ABC for enforcement.

A big push with the new law is to crack down on the sale of tobacco and vape products to people under 21.

The law requires “unannounced buyer operation at least once every 24 months to verify that a permittee, defined in the bill, is not selling retail tobacco products to persons under 21 years of age.”

Sellers, beware.

The primary goal here: public health.

According to The Virginia Foundation for Healthy Youth 2024 annual report, the smoking rate among high school students dropped from 28.6 percent to 2 percent between 2001 and 2024, but at the same time, 8.1 percent of high school students reported using e-cigarettes/vapes in 2023.

The other thrust with this effort: making sure that stores are selling only approved products from the official Liquid Nicotine and Vapor Product Certification Directory.

Yes, there is such a thing.

The Office of Attorney General hosts and maintains the directory, which lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted.

Violations of the law regarding the sale of products not on the directory are $5,000 per product for a first violation, $10,000 per product for a second violation, and $15,000 per product for a third violation.

Attorney General Jay Jones is signaling that his office is prepared to do its part to enforce the new law.

“If you are pushing a product that is illegal, we are going to step in, and we are going to hold you accountable. If you are breaking the law, we are going to hold you accountable. That’s what we are going to do,” Jones said.