(Effective October 1, 2026) Sale or distribution prohibited

Va. Code Ann. § 59.1-293.20, under Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine..

Va. Code Ann. § 59.1-293.20

A. Beginning December 31, 2025, no person shall sell, distribute, or import for resale, or offer for sale a liquid nicotine or nicotine vapor product for retail sale in the Commonwealth unless such liquid nicotine or nicotine vapor product is included in the directory established by the Attorney General pursuant to § 59.1-293.15.

B. Beginning December 31, 2025, no liquid nicotine or nicotine vapor product manufacturer shall sell for retail sale, either directly or through a wholesaler, distributor, retailer, or similar intermediary or intermediaries, a liquid nicotine or nicotine vapor product in the Commonwealth unless such liquid nicotine or nicotine vapor product is included in the directory established by the Attorney General pursuant to § 59.1-293.15.

C. Any person that violates the provisions of subsection A or B is subject to the following civil penalties:

1. For the first violation, a penalty of no less than $5,000 per liquid nicotine or nicotine vapor product offered for sale;

2. For a second violation, a penalty of no less than $10,000 per liquid nicotine or nicotine vapor product offered for sale; and

3. For a third violation, a penalty of no less than $15,000 per liquid nicotine or nicotine vapor product offered for sale.

D. Each retailer shall have 60 days from the date that the Attorney General first makes the directory available for inspection on its public website to sell any products that were in its inventory and not included in the directory or to remove from inventory and return such products to the manufacturer for disposal.

E. Each distributor or wholesaler shall have 60 days from the date that the Attorney General first makes the directory available for inspection on its public website to remove any products intended for sale in the Commonwealth from its inventory and return such products to the manufacturer for disposal.

F. Any liquid nicotine or nicotine vapor product sold or offered for sale in violation of this section shall be deemed contraband and may be seized by a law-enforcement officer. Any such product, the lawful possession of which is not established, seized by such officer shall be forfeited and destroyed or disposed of. The cost of such seizure, forfeiture, and destruction or disposal shall be borne by the person from whom the products are confiscated.

G. In an action brought under this section, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover reasonable costs of investigation, the costs of the action, and attorney fees in addition to any civil penalties.

H. Any civil penalties, costs, and attorney fees assessed under this section in an action brought by an attorney for the Commonwealth or an attorney for a county, city, or town shall be paid into the general fund of the locality.

I. All civil penalties, costs, and attorney fees assessed under this section in an action brought by the Attorney General and fees collected by the Attorney General pursuant to § 59.1-293.16 shall be used for the administration and enforcement of this chapter.