Virginia Attorney General Backs Vape Enforcement Act Limiting Sales to FDA-Authorized or Pending Products

Key Takeaways

• Virginia Attorney General Jay Jones said he supports the Vape Enforcement Act.
• The proposal consists of House Bill 308 and Senate Bill 620, which passed the General Assembly this session.
• Only vape products with FDA marketing authorization or a pending FDA application would be allowed for sale.
• Products not on the legal list would be illegal to sell.
• Penalties could include fines of thousands of dollars and the loss of the right to sell vape products.

2Firsts, March 24, 2026

According to WSET, Virginia Attorney General Jay Jones is backing new vape legislation and said it would do more than warn people about the dangers of vaping, as it would also tighten product sales rules and strengthen enforcement aimed at keeping vape products out of the hands of young people.

House Bill 308 and Senate Bill 620 passed during this legislative session

The Vape Enforcement Act backed by Jay Jones is made up of two measures: House Bill 308 and Senate Bill 620. The original report said both bills passed the General Assembly this session.

Jay Jones said the legislation is intended to create stronger enforcement and tighter rules for what can legally be sold on store shelves.

Only FDA-authorized or pending FDA-application vape products could be sold

Under the legislation, only approved vape products could be sold. That means the products would need either FDA marketing authorization or a pending FDA application.

The report said that if a product is not on the list, it would be illegal to sell. Jay Jones said the goal is to make it harder for children to get illegal vape products.

Shops that violate the law could face fines and lose their license

Asked how enforcement would work for stores that violate the law, Jay Jones said that if shops continue to break the law, they will lose their license. He said that if products are not legal, they cannot be sold, and that sellers will be held accountable if they do so.

The original report said penalties could include fines of thousands of dollars and the loss of the right to sell vape products entirely.

Jay Jones also said the attorney general’s office would work with Virginia ABC to carry out random checks and ensure that shops are registered with the state.

Image Image: WSET