The West Virginia Alcohol Beverage Control Administration (WVABCA) is expanding its public safety and enforcement responsibilities following passage of House Bill 5437, known as the “Vape Safety Act,” which provides the agency with new authority to regulate, license, and enforce operating requirements for qualifying vape and smoke shops across the state. 
“The Vape Safety Act provides important tools to strengthen accountability and improve oversight of products being sold in communities across West Virginia,” said WVABCA Commissioner Fred Wooton. “Our goal is to help ensure businesses operate responsibly while protecting children, families, and consumers from unsafe or improperly marketed products.”
New rules for smoke shops
According to the Administration, vape and smoke shops will be subject to several new regulations.
Effective June 11, 2026, vapor products must be labeled with warnings about potential harmful side effects and the age requirement (21 years or older) to purchase. Products must also reminder purchasers that they cannot sell or give the vape product to an underage person, and warn to keep the vapor product away from minors.
The new rules also require a listing of ingredients in common language and the name and identifying contact information for the manufacturer or distributor of the product.
Beginning on March 1, 2027, a vape or smoke retailer or maker of vape product in West Virginia may not sell a vapor product that uses any terms like “candy” or “bubble gum” or references to products marketed to youth or children, using video games or cartoons, school supplies, electronic devices or other imagery again targeted to youth.
Beginning on July 1, 2027, vape and smoke shops and individuals who have licenses for those shops may not advertise or conduct promotional activities for their products. A shop or entity may display a sign outside to identify a retail location, but that sign must be only up 18 inches square with a prescribed font and font size and may not have flashing lights.
State officials said the legislation comes as vape and smoke shop businesses continue to expand rapidly throughout West Virginia, raising growing concerns among educators, medical professionals, law enforcement, and community leaders regarding mislabeled, unregulated, and youth-marketed products.
The law builds upon Senate Bill 679, passed in 2023, which expanded regulatory oversight of products including Delta 8, hemp, and kratom. Since that time, the WVABCA has worked alongside the State Tax Division and other state and local agencies to strengthen enforcement efforts and improve compliance across the industry.
Under the Vape Safety Act, the WVABCA will oversee licensing, compliance, and enforcement requirements for qualifying vape and smoke shops operating within the state. Agency officials say the expanded authority will help improve consistency, accountability, and compliance with West Virginia law.
For more information about the Vape Safety Act and WVABCA enforcement responsibilities, visit
abca.wv.gov.
