Key Takeaways
- From April 1, vape shops in Virginia may sell only liquid nicotine and vapor products listed in the state directory.
- Virginia’s Office of the Attorney General has recommended that local prosecutors begin enforcing the law.
- Retailers selling products not listed in the directory face fines of USD 1,000 per product per day.
- The law was temporarily blocked by a preliminary injunction in December 2025, but that injunction was stayed by a federal appeals court in February 2026.
- Virginia lawmakers have passed HB 308 and SB 620, which would move vape licensing and enforcement to the Virginia Alcoholic Beverage Control Authority.
2Firsts, April 1, 2026
According to Virginia Scope, vape shops in Virginia can from April 1 sell only liquid nicotine and vapor products listed in the state directory.
Unlisted vape products can no longer be sold from April 1
Virginia’s Office of the Attorney General has recommended that commonwealth attorneys begin enforcing the law passed in 2024. Attorney General Jay Jones said vape shops had previously been able to sell unregulated products without penalty, despite documented negative health effects on both adults and minors.
The Virginia Retail Federation has advised shop owners to check the state directory, make sure their products are listed, remove any unlisted products, return them to the manufacturer, and document each step.
Under the law, retailers selling products not listed in the directory are subject to a fine of USD 1,000 per product per day until the product is removed or added to the directory.
Court proceedings delayed enforcement and the grace period was extended to April 1
In December 2025, Federal Judge David J. Novak issued a preliminary injunction allowing businesses to continue selling unregistered nicotine products without penalty. In early February 2026, however, the U.S. Court of Appeals for the Fourth Circuit granted a motion to stay the injunction.
The law had originally provided the nicotine industry with a 60-day grace period from the time the directory of registered brands went online on January 1. Last week, Jay Jones informed manufacturers, retailers, and distributors that his office would recommend enforcement begin, but that confusion surrounding the injunction had led him to extend the grace period until April 1 instead of ending it in early March.
His office said the adjustment period was intended to ensure that all affected parties had adequate time to comply with the law.
Virginia lawmakers also passed additional bills to strengthen enforcement
The report also said that Virginia lawmakers took further action this year to help restrict underage use of liquid nicotine products. Identical bills, House Bill 308 and Senate Bill 620, together form the Vape Enforcement Act.
The legislation would move enforcement and licensing responsibility for nicotine products from the Department of Taxation to the Virginia Alcoholic Beverage Control Authority and require inspections every 24 months to ensure that shops are not selling retail tobacco products to people under 21.
One of the bill sponsors, Senator Schuyler VanValkenburg, said stores should not be selling to minors and should not be selling illicit goods, and that if they do, they should be punished.
The bills have passed the Virginia General Assembly and are now awaiting action from Governor Abigail Spanberger.
At a press conference last month, Jay Jones said the crisis of unregulated vape products is affecting schools and communities. Although the sale of vapes to those under 21 is already illegal, he said weak enforcement has allowed illegal sales to continue across the commonwealth.
Image credit: Virginiascope
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