                                 CODE OF VIRGINIA

REMOVAL OR EXCLUSION FROM DIRECTORY (§ 59.1-293.17)

A. The Attorney General shall, in accordance with the provisions of this
section, remove or exclude from the directory any liquid nicotine or nicotine
vapor product manufacturer or liquid nicotine or nicotine vapor product that the
Attorney General determines is not in compliance with the provisions of this
chapter.

B. If the Attorney General determines to remove or exclude from the directory a
liquid nicotine or nicotine vapor product manufacturer or a liquid nicotine or
nicotine vapor product in the directory, the Attorney General shall notify by
electronic or other practicable means the manufacturer&#8217;s registered agent
in the Commonwealth of such determination. The liquid nicotine or nicotine vapor
product manufacturer shall have 10 business days from receipt of such notice to
establish that the liquid nicotine or nicotine vapor product manufacturer or
liquid nicotine or nicotine vapor product meets the requirements to be included
in the directory. If the liquid nicotine or nicotine vapor product manufacturer
fails to establish compliance within the 10-business-day period, the Attorney
General shall remove or exclude from the directory the liquid nicotine or
nicotine vapor product manufacturer or liquid nicotine or nicotine vapor
product.

C. Any determination by the Attorney General to remove or exclude from the
directory a manufacturer or a product shall be subject to review by the filing
of a civil action for prospective declaratory or injunctive relief in the
Circuit Court for the City of Richmond.

D. If a liquid nicotine or nicotine vapor product is removed from the directory:

   1. Each retailer, distributor, and wholesaler shall have 30 days to sell the
   product or remove such product intended for retail sale in the Commonwealth
   from its inventory and return the product to the manufacturer for disposal.
   After 21 days following the removal from the directory, the liquid nicotine
   and nicotine vapor products removed from the directory shall be subject to
   seizure, forfeiture, and destruction and shall not be purchased or sold in the
   Commonwealth.

   2. Each manufacturer, wholesaler, or retail dealer selling the product
   intended for retail sale in the Commonwealth shall notify each purchaser of
   the product that it has been removed from the directory at the time of
   delivery of such product. Unless otherwise provided by contract or purchase
   agreement, the manufacturer, wholesaler, or retail dealer shall provide the
   purchaser a refund of the purchase price of the removed product. If a
   manufacturer, wholesaler, or retail dealer fails to provide such refund, the
   purchaser may bring an action against the manufacturer, wholesaler, or retail
   dealer in a court of competent jurisdiction to recover the purchase price and
   reasonable attorney fees and costs.

HISTORY: 2024, cc. 793, 828.