Virginia’s “New” Nicotine Law Isn’t New — It’s the Enforcement of Long-Standing FDA Rules

Virginia’s 2026 nicotine and vape law is being described as a dramatic policy shift.

It isn’t.

What Virginia actually did was align state enforcement with federal nicotine requirements that have existed since 2016 — and close a loophole that allowed illegal nicotine products to flood neighborhoods for years.

The Core Rule (Effective for 2026 Sales)

Beginning December 31, 2025, Virginia law makes one thing clear:

No liquid nicotine or nicotine vapor product may be sold in Virginia unless it is listed on the Attorney General’s public directory.

This is not a flavor ban. It is not a discretionary policy. It is a bright-line legality test for nicotine products.

The Statute: What Virginia Actually Passed

Virginia codified this requirement in Title 59.1, Chapter 23.2 of the Code of Virginia.

Sale Prohibition

“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.” — Code of Virginia § 59.1-293.20(A)

Manufacturer Prohibition

“Beginning December 31, 2025, no liquid nicotine or nicotine vapor product manufacturer shall sell for retail sale… unless such product is included in the directory.” — § 59.1-293.20(B)

Penalties

“Any person that violates subsection A is subject to a fine of $1,000 per day for each product offered for sale in violation.” — § 59.1-293.20(C)

What Products Are Covered

Virginia’s definition of a “retail tobacco product” is intentionally broad:

“Retail tobacco product” means… any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. — Code of Virginia § 59.1-293.10

However, the Attorney General’s directory requirement applies specifically to liquid nicotine and nicotine vapor products.

This includes:

• Disposable nicotine vapes
• Bottled nicotine e-liquids and refill vials
• Salt-nic products
• Synthetic nicotine

Nicotine products must be listed to be sold.

Products marketed as “zero nicotine” are not subject to the directory rule solely because they are vapes, but remain regulated under age restrictions, labeling laws, and enforcement actions — and become illegal immediately if nicotine is detected.

Why This Law Is Not “New” Under Federal Standards

Virginia’s law mirrors FDA requirements enforced for nearly a decade.

FDA Deeming Rule (2016)

As of August 8, 2016, the FDA extended tobacco authority to e-cigarettes, devices, liquids, and components.

PMTA Requirement

Nicotine products must have FDA marketing authorization or a PMTA under active review. Products that were denied, withdrawn, or never submitted were never legal to sell under federal law.

The Problem Was Never the Law — It Was Enforcement

For years:

• Unreviewed nicotine products stayed on shelves
• Denied products continued to ship
• Retailers claimed confusion
• Distributors passed responsibility

Virginia ended that ambiguity.

If a nicotine product is legal, it will be listed. If it isn’t listed, it can’t be sold.

The Attorney General’s Directory (Public and Verifiable)

Virginia law requires a public directory listing:

• Manufacturer
• Exact product name
• SKU / UPC
• Product type
• FDA authorization or pending status

Official directory:
https://www.oag.state.va.us/regulatory-agencies/liquid-nicotine-nicotine-vape-product-directory

The Sell-Through Myth

Virginia allowed a one-time sell-through period when the directory was first published.

That window does not extend indefinitely.

After the deadline:

• Unlisted nicotine products are subject to seizure and destruction
• Retailers face daily fines per product
• Licenses may be suspended or revoked

Why This Matters for Parents and Communities

Virginia did not ban vaping.

Virginia enforced the rule that should have existed all along:

Follow existing federal nicotine law — or don’t sell nicotine products.

MAHA’s Position

If a nicotine product could not survive FDA review, it should not be sold next to schools, parks, and family neighborhoods.

Virginia didn’t create a new nicotine standard. Virginia enforced the one we already had.