A bill sponsored by Del. David McCormick ( R-Monongalia) advanced from West Virginia’s House Health and Human Resources Committee and now moves to Judiciary. House Bill 5437, the Vape Safety Act, would require vape and smoke shops — defined as retailers devoting at least 33% of floor space to tobacco or vapor products — to obtain a license from the West Virginia Alcohol Beverage Control Administration, pass background checks, and pay $1,200 in annual fees, with penalties of up to $10,000 and one year in jail for unlicensed operators. The bill also bars certain felony offenders from ownership and prohibits shops from being used as residences.
“The purpose of House Bill 5437 is to regulate an industry or a business segment that is virtually unregulated and virtually untaxed,” said McCormick. “These vape shops are all over the state. There are many bad actors. Many are not here legally. They live in the shops. They’re selling to underage kids. They’re marketing to underage kids.”
The legislation would create a public Vapor Product Directory requiring manufacturers to certify products have marketing authorization from the U.S. Food and Drug Administration or a pending premarket tobacco product application. Products removed from the directory would need to be cleared within 21 days or be treated as contraband. Additional provisions tighten labeling, ingredient disclosure, and youth-marketing restrictions, with McCormick saying the bill is aimed at curbing underage sales and strengthening oversight of the sector.