Title 59.1. Trade and Commerce
Chapter 23.2. Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine
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§ 59.1-293.21. (Effective until October 1, 2026) Enforcement; inspection.
A. Notwithstanding any other provisions of law to the contrary, any attorney for the Commonwealth or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth or of the county, city, or town to enjoin any violation of this chapter. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be proved.
B. The circuit courts are authorized to (i) issue temporary or permanent injunctions to restrain and prevent violations of this chapter and (ii) order forfeiture of any property seized for a violation of this chapter.
C. Each violation of this chapter shall constitute a separate violation and shall be subject to any penalties imposed under this chapter.
D. Any retailer or wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth shall be subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for the purposes of enforcing the provisions of this chapter.
§ 59.1-293.21. (Effective October 1, 2026) Enforcement; inspection; forfeiture.
A. Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth or of the county, city, or town to enjoin any violation of this chapter. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be proved.
B. The circuit courts are authorized to (i) issue temporary or permanent injunctions to restrain and prevent violations of this chapter and (ii) order forfeiture of any property seized for a violation of this chapter.
C. Each violation of this chapter shall constitute a separate violation and shall be subject to any penalties imposed under this chapter.
D. Any retailer or wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth shall be subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for the purposes of enforcing the provisions of this chapter and § 4.1-253, 4.1-356, or 4.1-357.
E. Any liquid nicotine or nicotine vapor product not included in the directory established pursuant to § 59.1-293.15 that is sold, offered for sale, or possessed for sale in the Commonwealth, or imported for personal consumption in the Commonwealth shall be subject to seizure, forfeiture, and destruction by the Attorney General, the attorney for the Commonwealth or the locality, or a law-enforcement officer. Any such liquid nicotine or nicotine vapor product shall be deemed contraband, may not be sold or offered for sale, and shall be subject to confiscation and forfeiture. Any such confiscation and forfeiture shall be governed by the procedures contained in § 19.2-386.37. The cost of such seizure, forfeiture, and destruction or disposal shall be borne by the person from whom the products are confiscated.
F. Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
