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Tag: Virginia

  • Virginia Defends Flavored Vape Ban in Federal Court

    Virginia Defends Flavored Vape Ban in Federal Court

    Virginia’s Attorney General Jason S. Miyares and the state’s tax commissioner urged a federal court to reject a lawsuit challenging the state’s ban on unapproved e-cigarettes, arguing the plaintiffs lack standing because their products are illegal under federal law. In filings, Virginia contended that Novo Distro Inc. and Tobacco Hut and Vape Fairfax Inc. cannot claim injury or seek an injunction since their products are unapproved by the FDA. The state emphasized that neither the Federal Food, Drug, and Cosmetic Act (FDCA) nor the Tobacco Control Act preempts state authority to regulate tobacco, and that the ban applies equally to all sellers, prioritizing public health.

    The plaintiffs argue that the law disadvantages small businesses in favor of large tobacco companies. Virginia maintains that the statute simply requires FDA approval for all products and is not arbitrary, reflecting a public health-driven standard rather than favoritism.

  • Virginia Defends Ban on Unauthorized Flavored E-Cigarettes in Federal Court

    Virginia Defends Ban on Unauthorized Flavored E-Cigarettes in Federal Court

    Virginia is pushing back against a challenge to its statewide ban on unauthorized flavored e-cigarettes, arguing in federal court that the restriction is both legally sound and critical to protecting youth from nicotine addiction. The law prohibits the sale of any flavored vaping product that has not been specifically authorized by the U.S. Food and Drug Administration—effectively barring nearly all flavored e-cigarettes currently on the market.

    In newly filed briefs, the state contends it has broad authority to regulate retail tobacco and nicotine sales to safeguard public health, pointing to rising youth vaping rates and the popularity of flavored disposable products. Virginia argues that the plaintiffs—primarily vape shop owners and industry groups—are seeking to bypass the FDA’s national regulatory framework, which requires companies to obtain marketing authorization for every product. Because the vast majority of flavored e-cigarettes have been denied or have not received FDA authorization, the state says the ban simply enforces existing federal law at the retail level.

    Plaintiffs claim the measure is unconstitutional, asserting it infringes on interstate commerce, unfairly harms small businesses, and effectively imposes a de facto prohibition. But Virginia maintains the law is narrowly tailored, does not conflict with federal authority, and is necessary to prevent youth from accessing high-nicotine flavored products that remain widely available despite federal restrictions. The case is being closely watched as the outcome could set a significant precedent for state-level enforcement of federal tobacco regulations.

  • Small Tobacco Firms Sue Virginia Over Flavored Vape Restrictions

    Small Tobacco Firms Sue Virginia Over Flavored Vape Restrictions

    Two Virginia-based vape distributors — NOVA Distro Inc. and Tobacco Hut and Vape Fairfax, Inc. — filed a federal lawsuit last week challenging the state’s upcoming restrictions on flavored vapor products. The suit, filed in the U.S. District Court for the Eastern District of Virginia, names Attorney General Jason Miyares and other state officials as defendants.

    The companies argue that Virginia’s new law, which bars the sale of any nicotine or vapor product not listed on an official state directory and effectively bans flavored vapes, is unconstitutional. According to the complaint, the measure unlawfully delegates federal regulatory powers over tobacco products—reserved for the Food and Drug Administration—to state authorities, violating the Supremacy Clause.

    The plaintiffs are seeking an injunction to block the law before it takes effect on December 31, warning that enforcement would force small businesses to pull most of their inventory from shelves. The case, NOVA Distro et al. v. Miyares et al., is among the first legal challenges to a state-level vape directory law, setting up a potential test of federal preemption in the regulation of nicotine products.

  • Roanoke Weighs $20K Annual Fee for Vape, Tobacco Shops

    Roanoke Weighs $20K Annual Fee for Vape, Tobacco Shops

    The City Council in Roanoke, Virginia, is considering a $20,000 annual operational fee for specialty tobacco and vape shops operating within the city limits. The fee would specifically target businesses primarily profiting from vape, tobacco, THC, and related products, meaning gas stations and convenience stores would be exempt.

    Councilman Phazon Nash says the measure would promote public health and fund economic development programs, while Councilman Peter Volosin cautions against possible discrimination if minority-owned businesses are disproportionately affected.

    The proposal is under review by the city manager and city attorney, with Nash confident it will gain enough support to pass.

  • Virginia Commission Mulls Grant Requests

    Virginia Commission Mulls Grant Requests

    Photo: Sarah Vogelsong | Virginia Mercury

    Virginia’s Tobacco Region Revitalization Commission has $12 million to spend on energy projects as part of a legislative mandate to revitalize the economies of two regions that are no longer receiving economic benefits from the tobacco industry, reports Virginia Mercury.

    The Energy Ingenuity Committee, at the commission’s last meeting, discussed applications it received for two rounds of the funds that opened this year. A third round of funds is expected to open following the commission’s next meeting scheduled for September.

    “We rolled it out earlier this year,” said Jerry Silva, director of regional energy development and innovation for the commission. “We really did not know what the application level would be.”

    The Tobacco Region Revitalization Commission was formed in 1999 with 28 legislative and citizen members representing Southside and Southwest Virginia. The commission allocates funds from the 1998 Master Settlement Agreement, which was the beginning of the demise of the tobacco industry’s footprint in the two regions.  

    The Energy Ingenuity Fund was recently created by the commission to help increase economic activity surrounding energy development projects. The fund allocated $6 million to each of the two regions and solicited energy development projects.

    To apply for the grants, applicants must be a government entity or nonprofit, have one-for-one matching funds and identify the number of jobs that could be created by the project. Private companies can apply for the grants as long as they partner with a locality to create economic incentives.

    There is a pre-application phase where applicants present ideas to Silva on what the funds could go toward before staff determine what needs more information and what can be submitted as a full application. Silva received 17 pre-applications in round one, with three moving forward to a full vote in May. Round two saw 11 pre-applications, with four expected to move to a vote in September.

    “These are projects that we’re trying to help bridge opportunities that would normally not be opportunities unless we helped them,” Silva said. “We’re trying to make sure we’re the best stewards of the commission’s money and dollars. We want to fund viable projects.”

  • Virginia Proposes Approved Product List

    Virginia Proposes Approved Product List

    Virginia has long been the epicenter of the tobacco industry; now, two bills that would ban flavored vaping products have been filed with the state’s General Assembly.

    Sponsors say Virginia should step in where Washington has been ineffective in blocking unregulated flavored e-cigarettes, such as Elf Bar disposables, off of store shelves.

    The bills, House Bill 1069 and Senate Bill 550, call for a fine of $1,000 a day for each product sold that the U.S. Food and Drug Administration has not authorized to be marketed in the U.S.

    The Attorney General would maintain a directory of legal products, much like Alabama and Louisiana. Products not listed in that directory could not be legally sold in Virginia.

    The bill states any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the state is subject to scheduled or unscheduled compliance checks carried out by the Attorney General’s Office for enforcement purposes.

    Manufacturers must certify, in a filing with the Attorney General, that an FDA marketing authorization order covers their product or is exempt from that because it was sold in the U.S. before 2016 or subject to a premarket tobacco product application dating from before 2020.

    “It’s a public health issue,” said Del. Rodney Willett, who sponsored the House of Delegates bill.

    “They’re targeting kids with the flavors,” he said, according to media reports. “When I walk into a convenience store, I’m just stunned by the number of these products that are for sale.”