VirginiaHB3602026 Regular SessionHouseWALLET

Virginia Consumer Protection Act; prohibited practices, kratom products.

Sponsored By: Joshua G. Cole (Democratic)

Became Law

Summary

Virginia Consumer Protection Act; prohibited practices; kratom products. Prohibits selling or offering for sale (i) any kratom product to a person younger than 21 years of age; (ii) any kratom product that does not include a label listing all ingredients and the required disclosure; (iii) any kratom product not stored in an area that is not directly accessible to consumers, including behind a retail counter or in a locked display case, except for kratom products required to be refrigerated which may be stored, in accordance with relevant Virginia Alcoholic Beverage Control Authority regulations, in the same beverage cooler or refrigerator as wine and beer; (iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; (vi) any kratom product adulterated with any dangerous, poisonous, or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law; (vii) any kratom product that is combustible or intended for vaporization or injection; (viii) any kratom product that is manufactured, packaged, or marketed in a manner attractive to children; or (ix) any kratom extract product containing residual solvent levels exceeding applicable statutory or pharmacopeial limits.

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 16 benefits, 0 costs, 1 mixed.

Clear return, layaway, and credit notices

Stores must post all return and refund terms on a clear sign. If no refunds are allowed, the sign must say so. Stores with a policy giving at least 20 days for cash refunds or credit for defective, unused, or undamaged items are excepted from the sign rule. Refunds by check may be delayed up to 10 banking days. Layaway fees and breach terms must be disclosed in writing, on a clear sign, or on the bill of sale. If you overpay an open‑end credit account by more than $5, the seller must notify you in writing within 60 days (or show it on your regular statement).

Clubs, prizes, travel, and phone protections

Breaking several everyday consumer laws now counts as a Consumer Protection Act violation. This includes rules for health clubs, home‑solicitation sales, lease‑purchase agreements, prizes and gifts, public telephone information, pay‑per‑call services, extended service contracts, membership camping, comparison price ads, and travel clubs. This lets consumers and the Attorney General use stronger enforcement to stop deceptive offers and fees.

Finance, professional, and privacy laws covered

Violating certain finance, professional‑licensing, tax, health, and privacy laws now counts as a Consumer Protection Act violation. Examples include selected chapters under financial services, professional‑licensing rules, a tax‑title chapter, a privacy statute (§ 8.01‑40.2), and a listed public health article. The law also lists additional code sections that now trigger consumer‑protection remedies. This widens tools to stop harmful practices across these fields.

Truthful pricing, ads, billing, and repairs

The law bans deception in any consumer sale. Sellers cannot lie about price cuts, or claim repairs or parts were done when they were not. They cannot send fake invoices, or call themselves a wholesaler or manufacturer unless it is true. They also cannot make false claims about brand, approval, certification, or ties to another company. Breaking the state pricing law now also counts as a consumer‑protection violation.

Clear prices and easy subscription cancellations

Sellers must show the total price, including all mandatory fees, before you agree to buy or start a continuous service. For subscriptions, you get a clear online cancel option. For free trials over 30 days, sellers must notify you within 30 days before the trial ends so you can cancel and avoid charges.

Consent needed to share reproductive health data

No one may get, share, sell, or spread your personally identifiable reproductive or sexual health information without your consent. This protects your privacy and limits misuse of sensitive data.

Stronger truth-in-advertising for shoppers

The law bans lies about where goods or services come from. Sellers cannot claim false ingredients, benefits, grade, or quality. Ads must clearly say if an item is used, reconditioned, or imperfect. Bait ads are illegal: refusing to sell at the advertised price is proof of a violation unless the ad clearly showed limited stock and the seller had or reasonably expected that amount.

Fair contracts, disputes, and Social Security numbers

Suppliers may not use your Social Security number as your account number if you ask in writing for a different one. They must honor any written agreement made with you to resolve a dispute. They cannot include or collect on penalty or liquidated‑damage terms that are void under state or federal law. They also must give any notices required by federal rule 16 C.F.R. Part 433.

Kratom age limits and safety rules

Sellers cannot sell kratom to anyone under 21. Labels must list all ingredients and carry a health warning. Kratom cannot include synthetic kratom‑like compounds. 7‑hydroxymitragynine must be no more than 1% of total alkaloids and not more than 1 mg per serving. No dangerous adulterants or controlled substances are allowed, and products cannot be for smoking, vaping, or injection. Marketing to kids is banned, storage must not be directly accessible to customers (with refrigeration exceptions), and solvent limits apply to extracts.

Limits on ignition interlock advertising

Only vendors approved by the state Commission may advertise ignition interlock systems in Virginia. Ads cannot target a person before guilt is decided and must say they are not tied to any government agency. Approved vendors can advertise at approved locations.

More laws enforceable under consumer protection

Breaking certain listed Virginia consumer rules now also breaks the Consumer Protection Act. Starting July 1, 2026, violations of the Medical Debt Protection Act are also Consumer Protection Act violations. This gives stronger tools to address unfair practices.

Price-gouging enforcement during emergencies

During declared post-disaster periods in Virginia, price-gouging now counts as a Consumer Protection Act violation. This lets consumer-protection enforcers act when sellers overcharge after disasters.

Safer home repairs and disaster scams

It is illegal to sell or use drywall in homes if you know it is defective. Fraudulent or dishonest conduct in repair work that starts during a declared emergency, or to fix that damage, is banned. These protections apply even if the worker is not a licensed contractor.

Safer kids products and food labels

Sellers cannot sell or offer a children’s product they know was recalled by the federal safety agency. If the recall was posted on the CPSC website for 30+ days before the sale, the seller is presumed to know. This rule does not cover used or “seconds” items. Foods that need a nutrition label must meet federal label rules (21 C.F.R. Part 101).

Stronger car buyer and repair protections

Breaking the Automobile Repair Facilities Act now counts as a consumer‑protection violation. Violations of the Motor Vehicle Manufacturers’ Warranty Adjustment Act also count. Certain listed motor‑vehicle code violations are treated the same way. This gives car owners stronger tools to address repair and warranty problems.

Tighter rules for THC and hemp products

Sellers cannot sell synthetic THC products for people to eat or inhale. No THC products may be sold to anyone under 21. THC items must be in child‑resistant packaging with labels that say they contain THC, are 21+, list ingredients, serving size, and total and per‑serving milligrams of THC, and have a lab certificate from an ISO/IEC 17025‑accredited lab. Hemp or THC products cannot be shaped like people, animals, vehicles, or fruit, and cannot use another company’s trademark without permission. Topical hemp must say “not for human consumption,” with an exemption for products made before July 1, 2023 if the maker can prove the date. FDA‑approved medicines and certain activities allowed under Virginia law are exempt.

Certified mold cleanup required in homes

Only certified pros may offer mold remediation in homes. They must follow EPA or ANSI‑accredited mold standards. This raises quality and safety and may increase provider costs and prices.

Sponsors & Cosponsors

Sponsor

  • Joshua G. Cole

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 245 • No: 4

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/25/2026

Reported from General Laws and Technology

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House

Yes: 95 • No: 2

House vote 2/13/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote 2/13/2026

Subcommittee recommends reporting

Yes: 7 • No: 0 • Other: 1

House vote 2/12/2026

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 9 • No: 1 • Other: 1

House vote 2/12/2026

Reported from General Laws with substitute and referred to Appropriations

Yes: 20 • No: 1

House vote 2/11/2026

Referred from Agriculture, Chesapeake and Natural Resources and referred to General Laws (Voice Vote)

Yes: 0 • No: 0

House vote 1/29/2026

Referred from General Laws and referred to Agriculture, Chesapeake and Natural Resources (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0595)

    4/13/2026Governor
  2. Approved by Governor-Chapter 595 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB360)

    3/5/2026House
  6. Bill text as passed House and Senate (HB360ER)

    3/5/2026House
  7. Enrolled

    3/5/2026House
  8. Signed by President

    3/5/2026Senate
  9. Signed by Speaker

    3/5/2026House
  10. Fiscal Impact Statement from Department of Planning and Budget (HB360)

    3/3/2026House
  11. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  12. Read third time

    3/2/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  15. Rules suspended

    2/27/2026Senate
  16. Reported from General Laws and Technology (15-Y 0-N)

    2/25/2026Senate
  17. Referred to Committee on General Laws and Technology

    2/18/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  19. Read third time and passed House (95-Y 2-N 0-A)

    2/17/2026House
  20. Engrossed by House - committee substitute

    2/16/2026House
  21. committee substitute agreed to

    2/16/2026House
  22. Read second time

    2/16/2026House
  23. Read first time

    2/15/2026House
  24. Subcommittee recommends reporting (7-Y 0-N)

    2/13/2026House
  25. Reported from Appropriations (22-Y 0-N)

    2/13/2026House

Bill Text

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