Market & legal data in the tobacco alternatives sector in West Virginia

1st March 2024: US - West Virginia: The National Taxpayers Union (NTU), the nation’s oldest taxpayer advocacy organisation, has sent a letter to the members of the state House Finance Committee expressing strong support of passing House Bill (HB) 5535, which would distinctly define heated tobacco products (HTPs) and apply an excise tax at an appropriate rate. The NTU wrote: “Failure to pass HB 5535 also opens the door for market disruption for small business owners across West Virginia. For example, taxing smoke-free tobacco alternatives at the same rate as combustible cigarettes would potentially result in consumers seeking more affordable options in neighboring states, such as Virginia or Kentucky, which have already passed legislation that defines heated tobacco products and sets a lower tax rate than combustible cigarettes.”
20th February 2024: US - West Virginia: Senate Bill (SB) 863 has been introduced. SB 863 would levy a tax on heated tobacco products (HTPs). These products would be taxed "at the rate of 60 cents on each 20 heat sticks or in like ratio on any part thereof". According to the bill, an HTP would be defined as "a product containing tobacco that produces an inhalable aerosol by (i) heating the tobacco by means of a device without combustion of the tobacco or (ii) by heat generated from a combustion source that only or primarily heats rather than burns the tobacco".
21st February 2022: West Virginia: Senate Bill 635 has been introduced, which would amend the Tobacco Products Excise Tax Act. It would change the definition of “electronic smoking devices” to include synthetic nicotine. It would further modify the definition of “other tobacco products” to include nicotine-containing products (including synthetic nicotine products), and "electronic smoking devices". The bill would raise the tax on tobacco products other than cigarettes from 12% to 51% of the wholesale price, effective from 1st July 2022. The current tax on e-cigarette liquid would be repealed and thus substituted by this one.

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Alternative tobacco and nicotine products in West Virginia

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