Virginia Beach has not enacted a local flavored tobacco or vape ban; flavored products remain legal for sale to adults 21+ subject to FDA premarket authorization rules and Virginia tobacco law.
Virginia is a Dillon's Rule state, and the General Assembly has not authorized cities to ban flavored tobacco or vape products. Virginia Beach therefore relies on federal U.S. Food and Drug Administration enforcement against unauthorized flavored e-cigarette products under the Tobacco Control Act, plus statewide tobacco-21 rules in Virginia Code §18.2-371.2. Menthol cigarettes, flavored cigars, and flavored vape liquids remain on local shelves where they comply with FDA marketing orders. Local schools and parks already prohibit tobacco use under Virginia Beach Code Chapter 4 park rules and school division policy.
Selling flavored vape products lacking FDA premarket authorization can trigger federal seizure and civil penalties; selling to minors remains a Virginia state offense under §18.2-371.2.
See how Virginia Beach's flavored tobacco bans rules stack up against other locations.
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