Bill > HB2883

This bill creates a comprehensive Electronic Nicotine Delivery Systems (ENDS) product directory and regulatory framework for ENDS products sold in West Virginia. Starting August 1, 2025, manufacturers of ENDS products must submit annual certifications to the state commissioner detailing each product, including its brand name, category, and flavor, and provide proof of FDA marketing authorization or a pending premarket tobacco product application. Manufacturers must pay $100 per product and update the commissioner within 30 days of any material changes to their FDA authorization status. By October 1, 2025, the commissioner will create a public online directory listing all approved ENDS products. Retailers will have 60 days to sell existing inventory not listed in the directory, after which non-compliant products can be seized and destroyed. The bill imposes significant penalties for non-compliance, including civil penalties of up to $500 per product for retailers (escalating to $1,500 for repeated violations) and $10,000 per product for manufacturers, with potential misdemeanor charges for false representations. Additionally, manufacturers must appoint a local registered agent for service of process, and retailers, distributors, and wholesalers will be subject to at least two unannounced compliance checks annually. The bill aims to ensure that only FDA-authorized ENDS products are sold in West Virginia and to provide transparency in the ENDS product market.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2883&year=2025&sessiontype=RS&btype=bill