AG creates new enforcement unit for vape, liquid nicotine (copy) (copy)
Virginia Attorney General Jay Jones is creating a new enforcement unit in his office to aid a state crackdown on illegal sales of liquid nicotine to underage youth, as well as other unauthorized products by vape shops.
Jones said the new "regulated products enforcement unit" will oversee sales of products containing liquid nicotine, as well as products containing THC and hemp, kratom and "other emerging intoxicants." The office will work closely with the Virginia Alcoholic Beverage Control Authority, which already enforces laws against underage tobacco sales, under a law that the General Assembly adopted this year on illegal sales by vape shops.
The attorney general's office maintains and enforces the state's "Liquid Nicotine and Nicotine Vapor Products Directory" to prevent vape shops from selling products that have not been authorized for sale by the U.S. Food and Drug Administration.
Virginia plans crackdown on underage tobacco, vape sales
“New intoxicating products and substances enter the market every single day, many of which include dangerous or illegal ingredients and are deceptively packaged, labeled, and marketed to consumers," Jones said. "Many of these products even target children, causing irreparable harm to their lives and their futures. As a result, the health and well-being of everyday Virginians and business owners alike are put at risk.
"Thanks to landmark legislation passed by the General Assembly, this office has been empowered to protect and educate Virginians as the landscape around these substances evolves," he said. "We know that most businesses, retailers, manufacturers, and distributors want to follow the rules, and Virginians want to know what they are consuming. This new unit will educate Virginians and ensure strong accountability for bad actors who violate the law and put our communities at risk.”
Spokesperson Rae Pickett said the new unit would work in "close collaboration" with ABC, an independent state authority with expanding enforcement responsibilities beyond its traditional oversight of alcoholic beverages and illegal tobacco sales to minors.
"This unit leverages expertise that already exists, both within the OAG and through ABC," Pickett said. "The enforcement expertise that they already exercise will help put us all on the same page and set us up for success in long-term enforcement."
The Vape Enforcement Act, sponsored by Sen. Schuyler Van Valkenburg, D-Henrico, and Del. Patrick Hope, D-Arlington, gives the state new tools to enforce existing laws on selling tobacco products and vaping products to underage buyers. It directs ABC to tighten enforcement of existing law that makes it illegal to sell vaping products that haven’t been approved by the U.S. Food and Drug Administration and that are on a directory maintained by the Office of the Attorney General.
"For far too long, too many vape shops have been ignoring the law, selling illegal and dangerous products to Virginians, and taking advantage of gaps in the law to sell vapes to kids," Van Valkenburg said. "That ends now."
"The General Assembly took action to pass the Vape Enforcement Act, and the AG’s new unit is ready to take action against businesses that repeatedly disregard the law," he said.
Henrico police arrested eight people in searches at vape stores in Henrico and Richmond late last year. Police said they seized more than 60 pounds of marijuana worth more than $15,000, over 12 pounds of THC edibles, about $100,000 in cash, multiple firearms and vehicles. In Richmond, dozens of vape shops have been closed under "Operation Vaporize," which the city began late last year to crack down on violations of building codes and other safety regulations.
The attorney general's office said its new unit will administer the current registry of authorized products, review certification of product manufacturers, evaluate product eligibility, monitor changes in federal regulation and ensure that only authorized products are sold in Virginia.
The office said the unit also will conduct inspections to monitor compliance with the law and work with other regulatory agencies to identify potential violations, taking legal action to seek civil penalties "to uphold the law and protect consumers."
“The creation of this new unit sends a clear message: retailers, manufacturers, and wholesalers who violate the law and put unregulated and dangerous products on the shelves will be held accountable," Hope said in Arlington. "Our laws are only as effective as their enforcement."
The attorney general's office said the unit also will have a larger role in working with other states to address what it called "widespread and systemic violations."
Helen Hardiman, deputy attorney general of public advocacy, said, “Through investigation, enforcement, and programmatic work, this unit will ensure that consumers are well-informed and protected from harmful products and that bad actors will be held accountable.”
The office is also focusing on public awareness about products containing nicotine, THC and hemp, kratom and other synthetic products.
"By raising public awareness, helping retailers understand the laws on the books, using data to track trends, and focusing on prevention, Virginia can limit youth access to these products, reduce substance misuse and support healthy youth development,” said Rachelle Hunley, senior director of programs in the attorney general's office.
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Michael Martz (804) 649-6964
