No. We back smarter regulation: strict ID checks with electronic verification, tough penalties for under-21 sales, mandatory product testing and safety standards, and clear labeling—not a blanket ban. (We also support retail toolkits, staff scripts, and compliance training.)

Because it acts as a de-facto monopoly: Virginia ties legality to the FDA’s tiny list of authorized products—only 39 items, all from “Big Tobacco”—which means virtually no small-business products can remain on shelves. That’s not safety; it’s market exclusion.

The “directory” only lists products with FDA authorization (or still under review) and then polices off everything else, with enforcement by the AG, Tax Department, and other agencies. Practically, that locks out small competitors.

Civil penalties can reach $1,000 per day per product not on the directory, plus additional penalties for failing to cooperate with audits/inspections. A compliance deadline of December 31, 2025 raises immediate risk to small businesses.

We agree youth must be protected—and support stricter ID verification and stiffer penalties. But a flavor ban that leaves only a handful of products made by giant companies reduces adult choice and can push some back to cigarettes, undermining harm-reduction goals

-Electronic ID verification at purchase;

-Mandatory batch testing and safety/quality standards;

-Limit flavors to American-manufactured products to reduce counterfeit/unsafe imports;

-Retail training + refusal logs; and

-Aggressive penalties for violations.

A ban shrinks legal sales, cuts tax revenue, and threatens thousands of local jobs across retailers, distributors, and service providers—right when federal funding strains (e.g., SNAP, Medicare) increase budget pressure.

The suit challenges state overreach and federal preemption problems: Virginia can’t outsource market access to FDA decisions and then criminalize all other lawful businesses via a state directory. It’s about rule of law, not special favors.

Because, upon enforcement, only Big Tobacco’s 39 FDA-authorized tobacco/menthol products would be legal statewide—no room for compliant small businesses that can’t clear FDA’s current PMTA bottleneck.

The compliance trigger is Dec 31, 2025. After that, non-listed products face takedowns and daily penalties. Many stores would be forced to cease selling core inventory or face fines.

By requiring independent lab testing, verified supply chains, standardized packaging/labels, QR codes to COAs, and limiting flavors to U.S.-made goods to choke off the counterfeit import pipeline.

-Owned: Launch a “Protect VA Choice & Small Business” hub with a 60-sec explainer, lawsuit summary, retailer map, email/SMS sign-up, and one-click tools to email your Delegate/Senator, sign a petition, and share stories.

-Earned: “Main Street vs. Monopoly” media push, plaintiff bios, economic fact sheet, and visuals of shrinking shelf space.

-Grassroots: Window clings, counter tents, QR petitions; 500+ stores aiming for 20–30 signatures/day/store (300k+ constituent contacts in ~6–8 weeks).

-Government affairs: District fly-ins, committee briefings focused on economic fairness + preemption.

-Paid: Light, targeted Meta/YouTube/CTV to mobilize adults 25–64 around Richmond and major retail clusters.

-Retailers: Use the in-store kit (signage, staff script, QR), train/retrain on ID checks, and collect stories from adult customers.

-Adults: Join the list, email your lawmakers, sign the petition, and share your story about why adult alternatives matter.

It would pause enforcement of the ban while the court weighs the merits (preemption, constitutional defects, and economic harm), preventing immediate shutdowns and penalties.