West Virginia Code § 60-9-2

Cigarettes produced for export -- prohibitions
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(a) It is unlawful for any person:
(1) To sell or distribute to consumers in this state, to acquire, hold, own, possess or
transport, for sale or distribution in this state, or to import, or cause to be imported, into this
state for sale or distribution in this state:
(A) Any cigarettes the package of which:
(i) Bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did
not intend the cigarettes to be sold, distributed, or used in the United States, including, but
not limited to, labels stating "for export only," "U.S. tax-exempt," "for use outside U.S." or
similar wording; or
(ii) Does not comply with:
(I) All requirements imposed by or pursuant to federal law regarding warnings and other
information on packages of cigarettes manufactured, packaged or imported for sale,
distribution, or use in the United States, including, but not limited to, the precise warning
labels specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; and
(II) All federal trademark and copyright laws;
(B) Any cigarettes imported into the United States in violation of 26 U.S.C. 5754 or any other
federal law or the impleLmenting federal regulations;
(C) Any cigarettes that the person otherwise knows or has reason to know the manufacturer
did not intend to be sold, distributed or used in the United States; or
(D) Any cigarettes for which there has not been submitted to the secretary of the United
StaWtes department of health and human services, the list or lists of the ingredients added to
tobacco in the manufacture of such cigarettes required by the Federal Cigarette Labeling
and Advertising Act, 15 U.S.C. 1355a;
(2) To alter the package of any cigarettes, prior to sale or distribution to the ultimate
consumer, so as to remove, conceal or obscure:
(A) Any statement, label, stamp, sticker or notice described in subparagraph (i), paragraph
(A), subdivision (1), subsection (a) of this section; or
(B) Any health warning that is not specified in, or does not conform with the requirements
of, the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; or
(3) To affix any stamp required pursuant to article seventeen, chapter eleven of this code to
the package of any cigarettes described in subdivision (1), subsection (a) of this section or
altered in violation of subdivision (2), subsection (a) of this section.

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