Vaping Laws in Virginia: Here’s Everything You Should Know

Want to know about the latest vaping laws in Virginia? Well for those who consume vapes or are in the vape business, it’s important to stay informed about the latest rules and regulations.

Laws around vaping are constantly evolving, and keeping up can feel overwhelming. That’s why we’ve broken it down for you in this guide. We’ll cover everything you need to know to navigate vaping in Virginia.

Let’s dive into the details.

Vaping Regulations in Virginia – The Basics

In 2024, Virginia introduced new laws to regulate the vaping industry. These laws made big changes for businesses and consumers.

A key update was the ban on unapproved flavored vaping products. The U.S. Food and Drug Administration (FDA) started implementing it on July 1, 2024. The ban aims to stop minors from getting hooked on youth-oriented vaping products.

To sell vaping products in Virginia, manufacturers must use the FDA's PMTA process. It involves submitting detailed data that proves their product is safe and suitable for public health.

If the FDA does not approve a product, it can’t be sold in the state.

These laws aim to protect young people from nicotine addiction and stop the sale of unapproved or illegal vaping products.

Laws on Manufacturing and Importing Vaping Products

Virginia has strict rules on making and importing vaping products. They aim to keep consumers safe and ensure products meet health standards. Here's what you need to know:

Manufacturing in Virginia

If you make vaping products in Virginia, you must follow state and federal rules. They ensure your products meet safety standards. These laws are in place to protect public health and regulate the vaping industry.

Certification Requirements

First and foremost, every vape product you make needs to be certified. Virginia law requires manufacturers to report to the Attorney General, confirming that their products meet federal standards.

This means:

1. FDA Authorization

If your product has been authorized by the U.S. Food and Drug Administration (FDA), you’re good to go. To get authorization you will need to submit a Premarket Tobacco Product Application (PMTA).

2. Pre-Existing Products

If your product was already on the market before August 8, 2016, or if you submitted a premarket tobacco application to the FDA by September 9, 2020, and it’s still being reviewed, you can continue selling it (at least for now).

These certifications aren’t just paperwork. They’re essential for ensuring your products meet safety standards. If you don’t follow this process, your products might not be allowed to sell in Virginia.

Importing Vaping Products

As of 2024, Virginia requires anyone importing vape products into the state to have the proper license. This applies to businesses bringing in

·  Liquid nicotine

·  Nicotine vapor devices

·  Vape accessories

Getting licensed shows that you’re operating legally and ensures your products meet all the necessary safety requirements.

Compliance with FDA Regulations

Any product you’re importing into Virginia must comply with federal FDA regulations.

This means:

·  Products need FDA authorization or must meet specific guidelines for products already on the market before August 8, 2016.

·  Imported items must be registered with the FDA to ensure they meet safety standards.

If your products don’t meet these standards, they may not be allowed into the state—or worse, they could be confiscated. For this, it is always recommended to work with manufacturers that meet FDA standards, like the ALD Group in China.

Taxes on Imported Vape Products

When you import vape products into Virginia, you’ll need to pay taxes. From July 1, 2024, the state is taxing liquid nicotine in two ways:

·  Closed Systems (like disposable vapes): $0.066 per milliliter.

·  Open Systems (like refillable tanks): 20% of the wholesale price.

Make sure you calculate these taxes ahead of time to avoid surprises when your products arrive in the state.

Record-Keeping Requirements

Virginia requires importers to keep detailed records of all imported vape products. These records should include:

·  Product descriptions

·  Quantities imported

·  Dates of shipment

·  Wholesale prices and tax payments

Shipping and Transportation Rules

When transporting vape products into Virginia, make sure you’re following these rules:

·  Products must be shipped securely and include clear documentation of their origin and destination.

·  If you’re shipping directly to consumers, you must use a reliable delivery service that verifies the age of the recipient (21 or older).

Failure to follow these shipping rules could lead to fines or confiscation of your products.

Do You Need a License to Sell Disposable Vapes in Virginia?

Selling disposable vapes in Virginia comes with strict licensing requirements. New laws stress the need for proper registration to follow state and federal rules.

Licensing Requirements

·  Retailers must obtain a valid license to sell disposable vaping products in Virginia.

·  Legislation introduced in 2024 mandates the creation of a state registry for vape products.

Penalties for Non-Compliance

Selling without a license or distributing unapproved products can lead to:

·  Hefty fines

·  Legal action or business closures

Non-Flavored Vaping Product Registry

Virginia has introduced a registry for non-flavored vaping products. This registry limits the sale of flavored products to those that have received FDA approval. The initiative is aimed at reducing the availability of flavored vaping products that often appeal to minors.

Advertising and Marketing Regulations

Virginia has strict rules on vaping product ads. They aim to prevent appeals to minors. These rules aim to protect youth from vape ads and reduce vaping.

No Ads Targeting Minors

Advertisements cannot target anyone under 21. This means avoiding things like cartoons, bright colors, or language that would appeal to younger audiences.

Flavored Vape Ads Limited

Ads for flavored vaping products are only allowed if the product is approved by the FDA. It helps keep minors from easily accessing flavored options. They often find them more attractive.

The 2024 Law

The Virginia General Assembly introduced a law in 2024 to create a state registry for vape products. This registry allows only FDA-approved products to be sold and advertised in Virginia.

These rules are part of a bigger effort to protect public health and reduce vaping among minors by restricting the kinds of ads they see.

Labeling and Packaging Requirements

Vaping products sold in Virginia must meet strict labeling and packaging rules to keep consumers safe and informed.

Nicotine Content and Warnings

Every product label must clearly state its nicotine content. It must also warn of health risks, like nicotine addiction. This helps users understand the risks before using the product. (As per 21 C.F.R. § 1143.3).

Child-Resistant Packaging

To protect children, vaping products must come in packaging that is difficult for kids to open. The only exception is sealed, prefilled cartridges that consumers are not supposed to open under 6 C.F.R. § 1700.15(b)(1). 

Honest Labeling

According to 9 CFR § 317.8, product labels must be clear and truthful about what’s inside. Misleading or incorrect information about ingredients or safety is not allowed.

These rules are designed to make sure buyers know exactly what they are getting and to reduce the risks for vulnerable groups, like children.

Enforcement and Penalties for Non-Compliance

1. Selling to Underage Individuals

It is illegal to sell vaping products to anyone under 21 years old in Virginia. Retailers must verify the buyer’s age using a government-issued ID.

Penalties for retailers include:

·  First Offense: Fines up to $500.

·  Repeat Offenses: Fines up to $1,000 and possible suspension of the retail license.

Penalties for individuals include:

Underage possession of vaping products can result in fines of up to $100 or mandatory completion of an anti-vaping educational program.

2. Unlicensed Sales or Imports

Operating without a license to sell, manufacture, or import vaping products is a serious offense.

Penalties for businesses include:

·  Fines in between $1,000 to $10,000 per violation.

·  Confiscation of products.

·  Suspension or revocation of business licenses.

3. Tax Evasion

Failure to pay taxes on vaping products can lead to significant penalties including:

·  Heavy fines.

·  Seizure of products.

·  In severe cases, criminal charges for tax fraud.

4. Improper Advertising or Marketing

Virginia prohibits advertising vape products to minors, including the use of flavors, images, or designs that appeal to kids.

Penalties:

·  Fines up to $5,000 per violation.

·  Removal of the product from store shelves.

5. Public Vaping Violations

Fines up to $250 for vaping in prohibited areas like schools, school buses, or at school-sponsored events.

Closing Thoughts

Vaping laws in Virginia aim to ensure safety and regulate vaping products. These rules aim to:

Ø  Ensure companies meet federal standards.

Ø  Provide clear, honest information through ads, labels, and packaging.

Virginia is serious about vaping issues. A vape product registry will launch in 2024, and enforcement will tighten.

In the future, these laws could lead other states to adopt them. They would show that strict rules can reduce the risks of unsafe vaping products. Yet, as the vaping industry evolves, new challenges may arise. These include synthetic nicotine and illegal imports. The government and businesses must work together to update the rules as needed.

FAQs

Are flavored vapes banned in Virginia?

Virginia prohibits the sale of flavored vaping products without FDA approval. This measure aims to reduce the appeal of such products to minors.

What types of vape products are FDA-approved in Virginia?

Only vaping products with FDA PMTA approval can be sold in Virginia. This ensures that the products meet specific public health standards.

Do I need a license to sell disposable vapes in Virginia?

Yes, retailers must license and register their products with the Attorney General to sell disposable vapes in Virginia.

What are the penalties for selling illegal vaping products in Virginia?

Penalties include fines and possible legal action for selling unapproved products or for operating without the needed licenses. Both state and federal authorities enforce these regulations.

Can I buy vaping products online in Virginia?

You can buy vaping products online. They must comply with Virginia's rules. They must be FDA-approved and sold by licensed retailers. Age verification processes are also in place to prevent sales to minors.