West Virginia Flavored Tobacco Product Regulation

West Virginia statute does not currently impose a categorical prohibition on the sale of flavored tobacco or flavored vapor products. Federal law restricts certain characterizing flavors in cigarettes and unauthorized flavored vapor products lacking FDA marketing orders. Local boards of health may adopt indoor-use restrictions under W. Va. Code 16-2-11, but a complete sales ban on flavored tobacco at the local level is not authorized by state law. Retailers must still comply with the Tobacco 21 rules in 16-9A-3 and tax obligations.

Selling flavored vapor products without an FDA marketing order may violate federal law; state penalties focus on age and tax compliance under 16-9A-3.