WV SB816

Prohibits the sale of electronic smoking devices (vapes, e-cigarettes) that lack FDA marketing authorization or have a pending/denied premarket tobacco application, effective September 1, 2025

Establishes a tiered penalty system for violations: manufacturers face fines of $25,000-$75,000; wholesalers face $5,000-$15,000; retailers face $1,000-$5,000 plus potential one-year sales ban after three violations

Requires the Alcohol Beverage Control Commission to maintain and publish online a directory of authorized electronic smoking devices, approved manufacturers, and a tobacco noncompliance database identifying violators

Mandates manufacturers annually certify each device's FDA authorization status and pay $500 per device, while retailers must obtain and maintain FDA authorization documentation at each sales location

Transfers enforcement authority from the Bureau for Behavioral Health to the Alcohol Beverage Control Administration and requires the Secretary of State to compile and report lists of retailers selling electronic smoking devices