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.”
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 WVABCA’s website.

