by Molly Manning and Brandon Jarvis
As of April 1, vape shops in the commonwealth can now only sell liquid nicotine and vapor products listed in a state directory.
Virginia’s Office of the Attorney General has recommended that commonwealth attorneys begin enforcing the law passed in 2024.
“Vape shops have been allowed to get away with selling unregulated products, with documented negative health impacts not only to adults, but to minors without penalty,” Attorney General Jay Jones said in a statement to Virginia Scope.
The Virginia Retail Federation advises shop owners to check the directory to ensure their products are listed, remove any unlisted products and return them to the manufacturer, and document each step. One vape shop owner in Richmond said they are sure they will feel the effects of this crackdown on regulation.
“I’m sure 100% it will affect us and many other businesses because we cannot sell any of the products,” the owner said.
Retailers selling products not listed in the directory are subject to a $1,000 fine per product per day until the product is either removed or listed in the directory.
In December 2025, Federal Judge David J. Novak issued a preliminary injunction on the law allowing businesses to continue selling unregistered nicotine products without penalty. In early February, however, the U.S. Court of Appeals for the Fourth Circuit granted a motion to stay the injunction.
The law gave the nicotine industry a 60-day grace period from the time that the directory of registered brands went online on Jan. 1.
Jones, in a letter to manufacturers, retailers and distributors last week, informed them that his office will recommend local law enforcement agencies begin enforcing the law. Jones said the confusion over the injunction led him to extend the grace period until April 1, rather than ending it in early March at the 60-day deadline.
“This adjustment period is intended to ensure that all affected parties have adequate time to comply with the law,” the letter from the OAG states.
More changes likely coming
Legislators in Richmond took steps this year to help further restrict the underage use of liquid nicotine products.
Identical bills House Bill 308 and Senate Bill 620 outline the Vape Enforcement Act — which would give the responsibility of enforcement and licensing for nicotine products from the Department of Taxation to the Virginia Alcoholic Beverage Control Authority and requires inspections every 24 months to ensure shops are not selling retail tobacco products to people under 21.
“Stores should not be selling to minors and they should not be selling illicit goods,” said Sen. Schuyler VanValkenburg, D-Henrico, a sponsor of the Senate legislation. “Now, if they do, they’ll be punished. This is good for kids, public health and the strength of our communities.”
These bills passed the Virginia General Assembly and await action from Gov. Abigail Spanberger.
Jones said the crisis of unregulated vape products is affecting schools and communities in a press conference about the bills last month. Though the sale of vapes to those under 21 is illegal, Jones pointed to “weak” enforcement allowing illegal sales in the commonwealth.
“The Vape Enforcement Act of 2026 closes existing loopholes and strengthens enforcement provisions so that the OAG has the legal tools needed to keep harmful products off the shelves,” Jones said Wednesday. “Virginians cannot afford for our health and safety to continue to be threatened by the sale and distribution of these harmful products.”