Are Nicotine Pouches Legal in Virginia? (2026)

Instrument

Age 21 for retail tobacco products; definition; directory scope

Source

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-359/

Retrieved

2026-11-06

Fingerprint

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A. No person shall sell to any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any retail tobacco products. No person shall sell retail tobacco products from a vending machine.

“Retail tobacco product” means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, heated tobacco product, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including blunt or hemp wraps, and glass pipes. “Retail tobacco product” includes any liquid nicotine or nicotine vapor product. “Retail tobacco product” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration. “Retail tobacco product” does not include any cigar or pipe tobacco as defined in § 58.1-1021.01.

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.

Instrument

Liquid nicotine and nicotine vapor product directory: sales bar, certification, directory (versions effective October 1, 2026)

Source

https://law.lis.virginia.gov/vacode/title59.1/chapter23.2/section59.1-293.20/

Retrieved

2026-11-06

Fingerprint

358e63db262145f8

Va. Code Sec. 59.1-293.20 (Effective October 1, 2026). Sale or distribution prohibited.

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.

Va. Code Sec. 59.1-293.16 (Effective October 1, 2026). Liquid nicotine and nicotine vapor product; certification; penalty.

A. Every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth, whether directly or through a wholesaler, distributor, retailer, or similar intermediary, shall annually certify in a form and manner as prescribed by the Attorney General that the manufacturer agrees to comply with the provisions of this chapter and that:
1. The manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j; or
2. The liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j on or before September 9, 2020, and the application either remains under review by the U.S. Food and Drug Administration or a final decision on the application has not otherwise taken effect.
B. A manufacturer of liquid nicotine or nicotine vapor products shall submit a certification or recertification form for each liquid nicotine and nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth.
C. Each certification or recertification form shall be accompanied by a copy of the marketing authorization or other order for each liquid nicotine or nicotine vapor product issued by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or evidence that the premarket tobacco product application for the liquid nicotine or nicotine vapor product was submitted to the U.S. Food and Drug Administration and a final authorization or order has not yet taken effect and:
1. An initial certification fee of $5,000 for each liquid nicotine and nicotine vapor product to be remitted with the manufacturer’s first certification submission that identifies any such product and with any resubmission of a certification for any such product following any period of noncertified status; or
2. An annual recertification fee of $2,500 for each liquid nicotine and nicotine vapor product to be remitted with the manufacturer’s annual recertification submission identifying any such product, where such recertification does not follow any period of noncertified status.
D. A manufacturer required to submit a certification pursuant to this section shall notify the Attorney General within 30 days of any material change to the certification form, including the issuance or denial of a marketing authorization or other order or action by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or any other order or action by the U.S. Food and Drug Administration that affects the ability of the liquid nicotine or nicotine vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States.
E. Any manufacturer that falsely represents any of the information required by this section is guilty of a Class 3 misdemeanor for each false representation. Notwithstanding the provisions of § 2.2-511, the Attorney General may institute or conduct a prosecution for a violation of this subsection. Venue for prosecution of such violation shall be proper in the Circuit Court for the City of Richmond.

Va. Code Sec. 59.1-293.15 (Effective October 1, 2026). Liquid nicotine and nicotine vapor product; directory.

The Attorney General shall establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted in accordance with the provisions of § 59.1-293.16. The Attorney General shall make the directory available for public inspection on its website. The Attorney General shall update the directory as necessary.