WV HB2883

Creates a mandatory directory of electronic nicotine delivery system (ENDS) products that can legally be sold in West Virginia, administered by the Alcohol Beverage Control Administration Commissioner, with the directory to be published by October 1, 2025

Requires ENDS manufacturers to submit annual certifications by August 1, 2025, proving FDA market authorization or a pending premarket tobacco application, along with a $100 fee per product

Prohibits the sale of ENDS products not listed in the directory, with civil penalties of up to $500 per product for retailers/distributors (escalating for repeat violations) and $10,000 per product for manufacturers

Mandates at least two unannounced compliance checks annually for all ENDS retailers, distributors, and wholesalers, with follow-up checks within 30 days of any violation

Authorizes seizure, forfeiture, and destruction of unlisted ENDS products 60 days after directory publication, with costs borne by the person from whom products are confiscated