Virginia Flavored Tobacco Sales Without Statewide Flavor Ban

Unlike several states, Virginia has not adopted comprehensive flavored tobacco or menthol cigarette restrictions as of 2026. Flavored cigarettes other than menthol remain banned by federal law under the FDA Family Smoking Prevention and Tobacco Control Act, but flavored cigars, smokeless tobacco, hookah, and flavored vapor products remain legal at retail to purchasers 21 and older subject to Code 18.2-371.2. Localities are generally preempted from independently banning flavored tobacco products through state preemption of tobacco regulation.

Selling federally banned flavored cigarettes can trigger FDA enforcement and state tax license consequences. Selling any tobacco product to someone under 21 violates Code 18.2-371.2 with civil penalties up to $500 for repeat offenses and a Class 2 misdemeanor charge.