A number of bills have been introduced in the Virginia legislature that would restrict sales and marketing of vapor products.

Parallel bills in the Virginia House and Senate (HB 2036 and SB 1325) would, like many bills across the country, bar sales of vapor products to minors and require e-liquid manufacturers to use child-resistant packaging on their bottles.

Two different bills (SB 1004 and HB 1310) would tax vapor products at varying rates.  The Senate bill would tax vapor products at 18 cents per mililiter of consumable product, whereas the House bill would tax the products at 40 cents per mililiter of consumable product.  Both bills would require sales through state-licensed tobacco distributors.

While these proposed measures are fairly consistent with similar measures that have been proposed in other states, a bill in the Senate (SB 1068) is somewhat unique.  The bill would ban any sales of “open system” e-liquids where the consumer can refill the vapor product.  It would also ban the sales of any vapor products within 1,000 feet of a school.  It would also ban free samples of vapor products, as well as vapor products that have so-called “characterizing flavors.”

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.