West Virginia Code § 16-9A-2

Definitions
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For purposes of this article, the term:
"Electronic smoking device" means any device that can be used to deliver any heated,
aerosolized or vaporized substance to the person inhaling from the device, including, but not
limited to, any e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device
includes any component part, or accessory of the device, whether or not sold separately, and
includes any substance intended to be heated, aerosolized, or vaporized during the use of
the device, whether or not the substance contains nicotine. Electronic smoking device does
not include drugs, devices, or combination products approved byu the United States Food,
Drug, and Cosmetic Act.
"Tobacco product" means any product containing, made, or derived from tobacco, or
nicotine, that is intended for human consumption, whether absorbed, inhaled or ingested by
any other means, including but not limited, to cigarettes, cigars, cigarillos, little cigars, pipe
tobacco, snuff, snus, chewing tobacco, or other comlmon tobacco-containing products. A
tobacco product also includes electronic smoksing devices and any accessory of a tobacco
product or electronic smoking device, whether or not any of these contain tobacco or
nicotine, including but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes.
Tobacco product does not include drgugs, devices, or combination products that are regulated
by the United States Food and Drug Administration under Chapter V of the Food, Drug and
Cosmetic Act. e

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