Are e-cigarettes in any section of the territory’s statutes included in the definition of "Tobacco Products"?



How does the territory define an e-cigarette?

Electronic cigarette means “a battery-operated device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into a vapor which is inhaled by the user.”
V.I. Code Ann. tit. 27, § 305b(a)(1) (2023)

Alternative nicotine product means “a product or device not consisting of or containing tobacco that provides nicotine for ingestion into the body, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.”
V.I. Code Ann. tit. 27, § 305b(a)(2) (2023)


Is there a territory excise or special tax (non-sales tax) placed on e-cigarettes?

Taxed at rate of $11/carton.
V.I. Code Ann. tit. 33, § 42(a)(II)(1) (2023) (Note that while this is the interpretation of the plain language of the statute, it does not appear that a tax on e-cigarettes is actually being enforced by the territory.)


What regulations are in place for e-cigarette packaging?

Electronic cigarettes and alternative nicotine products must be sold in “original factory-wrapped package.”
V.I. Code Ann. tit. 27, § 305b(c)(3) (2023)


What restrictions are in place for retail or youth access?

Sale/distribution of electronic cigarettes or alternative nicotine products to persons under age 18 prohibited.
V.I. Code Ann. tit. 27, § 305b(c)(1) (2023)


Is a retail license or permit required to sell e-cigarettes?

V.I. Code Ann. tit. 27, §§ 305b(c)(4), 302(a) (fees) (2023)


What smoke-free restrictions exist for e-cigarette use?



U.S. Virgin Islands e-cigarette regulations as of December 15, 2023.

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