WV HB3199

Establishes state preemption over local regulation of tobacco products and electronic smoking devices, making any local laws, rules, or regulations on these products void and unenforceable

Preemption applies only to tobacco products and electronic smoking devices that do not have a "characterizing flavor" (defined as fruit, chocolate, candy, dessert, alcoholic beverage, herb, spice, etc., but excluding tobacco, menthol, mint, or wintergreen flavors)

Limits preemption for electronic smoking devices and alternative nicotine products to only those that have received FDA marketing authorization under federal law

Defines key terms including "alternative nicotine product," "characterizing flavor," "electronic smoking device," and "tobacco product" for regulatory purposes

Allows local governments to retain authority to regulate flavored tobacco products while preventing them from enacting restrictions on FDA-approved, non-flavored tobacco and vaping products