{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-1021.09.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-1021.09.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-1021.09.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-1021.09.html"}],"law_id":58980,"edition_id":1,"section_id":58980,"structure_id":14718,"section_number":"58.1-1021.09","catch_line":"Safety requirements for liquid nicotine and nicotine vapor products","history":"2024, cc. 796, 821.","full_text":"A\n\n1. Any retail dealer shall comply with the following requirements:\n\t\t\ta. Any liquid nicotine container shall use a child-resistant cap that has the child-resistant effectiveness set forth in the poison prevention packaging standards under 16 C.F.R. \u00a7 1700.15(b)(1);\n\t\t\tb. Any liquid nicotine container shall use a tamper-evident package feature that is designed to remain intact and that does remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of such liquid nicotine or nicotine vapor product container; and\n\t\t\tc. Any label on a liquid nicotine container shall meet the nicotine addictiveness warning statement requirements under 21 C.F.R. \u00a7 1143.3.2\n\nAny retail dealer selling liquid nicotine or nicotine vapor products shall also be required to display signage clearly indicating “products are not for sale to minors” or “underage sales prohibited” and to display vapor products behind a counter or in an enclosed display that is inaccessible without the assistance of a sales representative of the retailer.B\n\nNo person may sell, offer for sale, or otherwise distribute any liquid nicotine or nicotine vapor product with labeling or packaging that is not in compliance with 21 C.F.R. \u00a7 1143.3 or that:1\n\nImitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;2\n\nDepicts images or references to video games, movies, videos, celebrity endorsements, or animated television shows known to appeal to minors;3\n\nDepicts the actual consumption of liquid nicotine or nicotine vapor products or a minor using liquid nicotine or nicotine vapor products;4\n\nMakes any health, medicinal, or therapeutic claims about liquid nicotine or nicotine vapor products; or5\n\nOtherwise promotes overconsumption of liquid nicotine or nicotine vapor products.C\n\nAny person shall advertise or market any liquid nicotine or nicotine vapor products only where consistent with the following requirements:1\n\nAll advertisements and marketing shall accurately and legibly identify the person responsible for its content, shall be truthful and appropriately substantiated, shall not be presented in a manner that is materially false or untrue, and shall not be presented in a manner that imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;2\n\nAny advertising or marketing in broadcast, cable, radio, print, and digital communications or any event marketing or sponsorships shall be made only where at least 85 percent of the audience is reasonably expected to be at least 21 years of age, as determined by reliable, up-to-date audience composition data;3\n\nNo advertising or marketing may contain any statement concerning a brand or product that is inconsistent with any statement or images on its labeling; and4\n\nNo advertising or marketing may contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the health benefits of consumption of liquid nicotine or nicotine vapor products.","order_by":null,"text":{"0":{"id":216250,"text":"1. Any retail dealer shall comply with the following requirements:\n\t\t\ta. Any liquid nicotine container shall use a child-resistant cap that has the child-resistant effectiveness set forth in the poison prevention packaging standards under 16 C.F.R. \u00a7 1700.15(b)(1);\n\t\t\tb. Any liquid nicotine container shall use a tamper-evident package feature that is designed to remain intact and that does remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of such liquid nicotine or nicotine vapor product container; and\n\t\t\tc. Any label on a liquid nicotine container shall meet the nicotine addictiveness warning statement requirements under 21 C.F.R. \u00a7 1143.3.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":216251,"text":"Any retail dealer selling liquid nicotine or nicotine vapor products shall also be required to display signage clearly indicating “products are not for sale to minors” or “underage sales prohibited” and to display vapor products behind a counter or in an enclosed display that is inaccessible without the assistance of a sales representative of the retailer.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":216252,"text":"No person may sell, offer for sale, or otherwise distribute any liquid nicotine or nicotine vapor product with labeling or packaging that is not in compliance with 21 C.F.R. \u00a7 1143.3 or that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"3":{"id":216253,"text":"Imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"4":{"id":216254,"text":"Depicts images or references to video games, movies, videos, celebrity endorsements, or animated television shows known to appeal to minors;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"5":{"id":216255,"text":"Depicts the actual consumption of liquid nicotine or nicotine vapor products or a minor using liquid nicotine or nicotine vapor products;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"6":{"id":216256,"text":"Makes any health, medicinal, or therapeutic claims about liquid nicotine or nicotine vapor products; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"7":{"id":216257,"text":"Otherwise promotes overconsumption of liquid nicotine or nicotine vapor products.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"8":{"id":216258,"text":"Any person shall advertise or market any liquid nicotine or nicotine vapor products only where consistent with the following requirements:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"9":{"id":216259,"text":"All advertisements and marketing shall accurately and legibly identify the person responsible for its content, shall be truthful and appropriately substantiated, shall not be presented in a manner that is materially false or untrue, and shall not be presented in a manner that imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":216260,"text":"Any advertising or marketing in broadcast, cable, radio, print, and digital communications or any event marketing or sponsorships shall be made only where at least 85 percent of the audience is reasonably expected to be at least 21 years of age, as determined by reliable, up-to-date audience composition data;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":216261,"text":"No advertising or marketing may contain any statement concerning a brand or product that is inconsistent with any statement or images on its labeling; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":216262,"text":"No advertising or marketing may contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the health benefits of consumption of liquid nicotine or nicotine vapor products.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3"}},"ancestry":[{"id":14718,"edition_id":1,"name":"Tobacco Products Tax","identifier":"2.1","label":"article","depth":4,"order_by":1,"parent_id":13518,"metadata":{},"date_created":"2026-06-26 03:49:31","date_modified":"2026-06-26 03:49:31","permalink":{"id":252265,"object_type":"structure","relational_id":14718,"identifier":"2.1","token":"58.1\/I\/10\/2.1","url":"\/58.1\/I\/10\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13518,"edition_id":1,"name":"Cigarette Tax","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":252139,"object_type":"structure","relational_id":13518,"identifier":"10","token":"58.1\/I\/10","url":"\/58.1\/I\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73675,"structure_id":14718,"section_number":"58.1-1021.01","catch_line":"Definitions","url":"\/58.1-1021.01\/","token":"58.1\/I\/10\/2.1\/58.1-1021.01","metadata":false},{"id":77407,"structure_id":14718,"section_number":"58.1-1021.02","catch_line":"Tax on tobacco products and liquid nicotine","url":"\/58.1-1021.02\/","token":"58.1\/I\/10\/2.1\/58.1-1021.02","metadata":false},{"id":73926,"structure_id":14718,"section_number":"58.1-1021.02:1","catch_line":"Reports by manufacturers of tobacco products","url":"\/58.1-1021.02_1\/","token":"58.1\/I\/10\/2.1\/58.1-1021.02_1","metadata":false},{"id":69677,"structure_id":14718,"section_number":"58.1-1021.02:2","catch_line":"Records to be kept and reports by remote retail sellers of cigars and pipe tobacco","url":"\/58.1-1021.02_2\/","token":"58.1\/I\/10\/2.1\/58.1-1021.02_2","metadata":false},{"id":85071,"structure_id":14718,"section_number":"58.1-1021.03","catch_line":"Monthly return and payments of tax","url":"\/58.1-1021.03\/","token":"58.1\/I\/10\/2.1\/58.1-1021.03","metadata":false},{"id":82424,"structure_id":14718,"section_number":"58.1-1021.04","catch_line":"Failure to file return; fraudulent return; penalties; interest; overpayment of tax","url":"\/58.1-1021.04\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04","metadata":false},{"id":69459,"structure_id":14718,"section_number":"58.1-1021.04:1","catch_line":"Distributor's or remote retail seller's license; liquid nicotine and nicotine vapor products license; penalties","url":"\/58.1-1021.04_1\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04_1","metadata":false},{"id":84881,"structure_id":14718,"section_number":"58.1-1021.04:2","catch_line":"Certain records required of distributor; access to premises","url":"\/58.1-1021.04_2\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04_2","metadata":false},{"id":66520,"structure_id":14718,"section_number":"58.1-1021.04:3","catch_line":"Unlawful importation, transportation, or possession of tobacco products; civil penalty","url":"\/58.1-1021.04_3\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04_3","metadata":false},{"id":66149,"structure_id":14718,"section_number":"58.1-1021.04:4","catch_line":"Purchase of tobacco products for resale","url":"\/58.1-1021.04_4\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04_4","metadata":false},{"id":83603,"structure_id":14718,"section_number":"58.1-1021.04:5","catch_line":"Tax Commissioner to establish guidelines and rules","url":"\/58.1-1021.04_5\/","token":"58.1\/I\/10\/2.1\/58.1-1021.04_5","metadata":false},{"id":72156,"structure_id":14718,"section_number":"58.1-1021.05","catch_line":"Use of revenues","url":"\/58.1-1021.05\/","token":"58.1\/I\/10\/2.1\/58.1-1021.05","metadata":false},{"id":82919,"structure_id":14718,"section_number":"58.1-1021.06","catch_line":"Delivery sales of liquid nicotine and nicotine vapor products","url":"\/58.1-1021.06\/","token":"58.1\/I\/10\/2.1\/58.1-1021.06","metadata":false},{"id":56399,"structure_id":14718,"section_number":"58.1-1021.07","catch_line":"Retail sales of liquid nicotine and nicotine vapor products; identification and use by minors","url":"\/58.1-1021.07\/","token":"58.1\/I\/10\/2.1\/58.1-1021.07","metadata":false},{"id":79268,"structure_id":14718,"section_number":"58.1-1021.08","catch_line":"General requirements for liquid nicotine and nicotine vapor products sales and resale","url":"\/58.1-1021.08\/","token":"58.1\/I\/10\/2.1\/58.1-1021.08","metadata":false},{"id":58980,"structure_id":14718,"section_number":"58.1-1021.09","catch_line":"Safety requirements for liquid nicotine and nicotine vapor products","url":"\/58.1-1021.09\/","token":"58.1\/I\/10\/2.1\/58.1-1021.09","metadata":false}],"previous_section":{"id":79268,"structure_id":14718,"section_number":"58.1-1021.08","catch_line":"General requirements for liquid nicotine and nicotine vapor products sales and resale","url":"\/58.1-1021.08\/","token":"58.1\/I\/10\/2.1\/58.1-1021.08","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-1021.09\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapters 796<\/a> and 821<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":252327,"object_type":"law","relational_id":58980,"identifier":"58.1-1021.09","token":"58.1\/I\/10\/2.1\/58.1-1021.09","url":"\/58.1-1021.09\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-1021.09\/","token":"58.1\/I\/10\/2.1\/58.1-1021.09","dublin_core":{"Title":"Safety requirements for liquid nicotine and nicotine vapor products","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-1021.09","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Any retail dealer<\/span> shall comply with the following requirements:\n\t\t\ta. Any liquid nicotine<\/span> container shall use<\/span> a child-resistant cap that has the child-resistant effectiveness set forth in the poison prevention packaging standards under 16 C.F.R. \u00a7 1700.15(b)(1);\n\t\t\tb. Any liquid nicotine<\/span> container shall use<\/span> a tamper-evident package feature that is designed to remain intact and that does remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of such liquid nicotine<\/span> or nicotine vapor product<\/span> container; and\n\t\t\tc. Any label on a liquid nicotine<\/span> container shall meet the nicotine addictiveness warning statement requirements under 21 C.F.R. \u00a7 1143.3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any retail dealer<\/span> selling liquid nicotine<\/span> or nicotine vapor products<\/span> shall also be required to display signage clearly indicating “products are not for sale to minors<\/span>” or “underage sales prohibited” and to display vapor products behind a counter or in an enclosed display that is inaccessible without the assistance of a sales representative of the retailer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person<\/span> may sell, offer for sale, or otherwise distribute any liquid nicotine<\/span> or nicotine vapor product<\/span> with labeling or packaging that is not in compliance with 21 C.F.R. \u00a7 1143.3 or that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Depicts images or references to video games, movies, videos, celebrity endorsements, or animated television shows known to appeal<\/span> to minors<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Depicts the actual consumption of liquid nicotine<\/span> or nicotine vapor products<\/span> or a minor<\/span> using liquid nicotine<\/span> or nicotine vapor products<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Makes any health, medicinal, or therapeutic claims about liquid nicotine<\/span> or nicotine vapor products<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Otherwise promotes overconsumption of liquid nicotine<\/span> or nicotine vapor products<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> shall advertise or market any liquid nicotine<\/span> or nicotine vapor products<\/span> only where consistent with the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All advertisements and marketing shall accurately and legibly identify the person<\/span> responsible for its content, shall be truthful and appropriately substantiated, shall not be presented in a manner that is materially false or untrue, and shall not be presented in a manner that imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any advertising or marketing in broadcast, cable, radio, print, and digital communications or any event marketing or sponsorships shall be made only where at least 85 percent of the audience is reasonably expected to be at least 21 years of age, as determined by reliable, up-to-date audience composition data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No advertising or marketing may contain any statement concerning a brand or product that is inconsistent with any statement or images on its labeling; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No advertising or marketing may contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the health benefits of consumption of liquid nicotine<\/span> or nicotine vapor products<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAFETY REQUIREMENTS FOR LIQUID NICOTINE AND NICOTINE VAPOR PRODUCTS (\u00a7\n58.1-1021.09)\n\nA. 1. Any retail dealer shall comply with the following requirements:\n\t\t\ta. Any liquid nicotine container shall use a child-resistant cap that has the\nchild-resistant effectiveness set forth in the poison prevention packaging\nstandards under 16 C.F.R. \u00a7 1700.15(b)(1);\n\t\t\tb. Any liquid nicotine container shall use a tamper-evident package feature\nthat is designed to remain intact and that does remain intact when handled in a\nreasonable manner during the manufacture, distribution, and retail display of\nsuch liquid nicotine or nicotine vapor product container; and\n\t\t\tc. Any label on a liquid nicotine container shall meet the nicotine\naddictiveness warning statement requirements under 21 C.F.R. \u00a7 1143.3.\n\n 2. Any retail dealer selling liquid nicotine or nicotine vapor products shall\n also be required to display signage clearly indicating “products are not\n for sale to minors” or “underage sales prohibited” and to\n display vapor products behind a counter or in an enclosed display that is\n inaccessible without the assistance of a sales representative of the retailer.\n\nB. No person may sell, offer for sale, or otherwise distribute any liquid\nnicotine or nicotine vapor product with labeling or packaging that is not in\ncompliance with 21 C.F.R. \u00a7 1143.3 or that:\n\n 1. Imitates or mimics a trademark of any kind or trade dress of any food\n products, including candy, cookies, cereal, juice boxes, or soft drinks, that\n are or have primarily been marketed to minors;\n\n 2. Depicts images or references to video games, movies, videos, celebrity\n endorsements, or animated television shows known to appeal to minors;\n\n 3. Depicts the actual consumption of liquid nicotine or nicotine vapor\n products or a minor using liquid nicotine or nicotine vapor products;\n\n 4. Makes any health, medicinal, or therapeutic claims about liquid nicotine or\n nicotine vapor products; or\n\n 5. Otherwise promotes overconsumption of liquid nicotine or nicotine vapor\n products.\n\nC. Any person shall advertise or market any liquid nicotine or nicotine vapor\nproducts only where consistent with the following requirements:\n\n 1. All advertisements and marketing shall accurately and legibly identify the\n person responsible for its content, shall be truthful and appropriately\n substantiated, shall not be presented in a manner that is materially false or\n untrue, and shall not be presented in a manner that imitates or mimics a\n trademark of any kind or trade dress of any food products, including candy,\n cookies, cereal, juice boxes, or soft drinks, that are or have primarily been\n marketed to minors;\n\n 2. Any advertising or marketing in broadcast, cable, radio, print, and digital\n communications or any event marketing or sponsorships shall be made only where\n at least 85 percent of the audience is reasonably expected to be at least 21\n years of age, as determined by reliable, up-to-date audience composition data;\n\n 3. No advertising or marketing may contain any statement concerning a brand or\n product that is inconsistent with any statement or images on its labeling; and\n\n 4. No advertising or marketing may contain any health-related statement that\n is untrue in any particular manner or tends to create a misleading impression\n as to the health benefits of consumption of liquid nicotine or nicotine vapor\n products.\n\nHISTORY: 2024, cc. 796, 821.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}