Vape Safety Act of 2026 passes W.Va. House, tightening oversight and licensing for shops

CHARLESTON, W.Va. (WCHS) — The Vape Safety Act of 2026 passed in the West Virginia House of Delegates on Friday, aiming to crack down on what lead sponsor of the bill Del. David McCormick, R-Monongalia, said are the bad actors in the vape shop world.

“They’re very lightly regulated,” McCormick said. “Here’s something that is becoming a blight on our landscape out here in our neighborhoods and towns. They’re all over the state and they need some oversight.”

McCormick said the bill will also strengthen licensing as to who can run the shops.

A key part of the legislation that passed the House by a vote of 88-5 is an FDA registry, requiring all the products sold in the shops to be approved at the federal level.

“Make sure that something doesn’t have 30 times the nicotine in it that it’s supposed to, which has happened, and get a 12-year-old kid addicted to nicotine,” McCormick. “That’s buying something that looks like Pokémon.”

Cracking down on the marketing strategies vape shops use is also included in the bill. It has gained support from both sides of the aisle.

“You walk into them and they have you know it looks fun and all the flavors and all the things,” Del. Hollis Lewis, D-Kanawha said. “So when teens go in there, it’s geared towards teens. So I think some regulation is important.”

Other provisions include vape shops not being allowed within 300 feet of schools, libraries or churches.

“I would deem these things almost attractive nuisance for kids and teenagers,” Lewis said. “What we want to do in this piece of legislation, we want to ultimately, above anything else, is protect our children and to get rid of bad actors to make sure that we know what’s being sold in the shop and we know who’s selling it.”