West Virginia


Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

The use of electronic cigarettes is banned on school grounds and school-related property (ie. sponsored activities and school buses). While there are no further statewide e-cigarette restrictions, local municipalities can choose to enact their own e-cigarette restrictions. It is recommended that you check with local government to clarify this.

There are a number of e-cigarette stores to be found in West Virginia, mainly in the Ashland area, Huntington, Charleston, Clarksburg, and Morgantown with a small number also to be found in other areas of the state.

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All Laws & Regulations

The United States is not a Party to the WHO Framework Convention on Tobacco Control. The United States signed the FCTC on May 10, 2004, but has not ratified the treaty.

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

West Virginia Code – Chapter 16: http://www.wvlegislature.gov/wvcode/Code.cfm?chap=16&art=9A

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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