Market & regulatory data for the e-cigarette sector in West Virginia

17th July 2024: US - Federal: The US Food and Drug Administration (FDA) has announced that the US District Court for the Southern District of West Virginia has enjoined Soul Vapor, a company based in the state, and the company’s owner, Aurelius Jeffrey, from “directly or indirectly manufacturing, distributing, selling, and/or offering for sale any new tobacco product” that has not received marketing authorisation from the FDA. The court also ordered Soul Vapor and Jeffrey to destroy e-cigarette products that were manufactured by Soul Vapor and are in its custody, control or possession. In October 2022, the federal Department of Justice (DOJ) filed a complaint for a permanent injunction order since the company failed to submit a premarket tobacco product application (PMTA) for its e-cigarettes and continued to illegally manufacture and sell the unauthorised products. “The court’s order is yet another example of how FDA – in coordination with federal partners – is successfully ramping up enforcement to combat unauthorised e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP).
21st February 2022: West Virginia: Senate Bill 635 has been introduced, which would amend the Tobacco Products Excise Tax Act. It would change the definition of “electronic smoking devices” for the purposes of this Act, to include synthetic nicotine within its definition. It would further modify the definition of “other tobacco products” to include: nicotine-containing products (including synthetic nicotine products); and "electronic smoking devices". The bill would raise the tax on tobacco products other than cigarettes from 12% to 51% of the wholesale price, effective from 1st July 2022. The current tax on e-cigarette liquid would be repealed and thus substituted by this one.

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