Virginia 2023 Regular Session Status: Enacted

SB 1108 — Virginia Consumer Protection Act; prohibited practices, kratom products.

Last action — Acts of Assembly Chapter text (CHAP0596)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 38% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 8 recorded votes so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

199 added · 191 removed

Plain-language change summary

The recent amendment to the Virginia Consumer Protection Act adds specific provisions regarding kratom products, making it clear that certain fraudulent practices are unlawful. These include misrepresenting the nature or characteristics of kratom and enforcing transparency in advertisements related to these products. This change is important as it helps protect consumers from misleading information about kratom, ensuring they have accurate details when making purchasing decisions.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 596 An Act to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act;
R O [S 1108] Approved L L Be it enacted by the General Assembly of Virginia:
[S 1108] Approved March 26, 2023 Be it enacted by the General Assembly of Virginia:
E § 59.1-200.
§ 59.1-200.
D transaction are hereby declared unlawful:actices committed by a supplier in connection with a consumer 1.
A.
The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
1.
3.
services, with another;he affiliation, connection, or association of the supplier, or of the goods or 4.
Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
4.
Misrepresenting that goods or services have certain quantities, characteristics, ingredieBts, uses, or benefits;
Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
1 7.
6.
Advertising or offering for sale goods that are used, secondhand, repossessed, defective,8, or model;
Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
7.
Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
In any action brought under this subdivision, the refusal by any person, or any employee, agent, or advertised or offered, shall be prima facie evidence of a violation of this subdivision.
In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.
This paragraphterms shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
Misrepresenting that repairs, alterations, modifications, or services have been performed or parts ins11.
Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
11.
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or under federal statutes or regulations;le under any otherwise applicable laws of the Commonwealth, 13a.
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
13a.
3.2-6516, or 3.2-6519 is a violation of this chapter;2, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 16.
15.
Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
16.
of 4 a.
a.
Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.
Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be of 4 readily noticeable and readable by the person obtaining the goods from the supplier.
Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 of 4 (§ 59.1-525 et seq.);
Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 (§ 59.1-525 et seq.);
E 43.
43.
N 45.
45.
R 46.
of 4 46.
47.
Violating any provision of § 18.2-239;
O 49.
49.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturingEfor sale on the website of the U.S.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
D 50.
50.
52.
Violating any provision of § 8.2-317.1;
Violating subsection A of § 9.1-149.1;;
Violating subsection A of § 9.1-149.1;
This subdivision shall not apply to the sale or offering for sale of any building or sSructure in which defective drywall has been permanently installed or affixed;
This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
1 55.
55.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while 0 engaged in a transaction that was initiated (i) during a declared state of emergency as definedEin § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of R state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
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56.
Violating any provision of Chapter 33.1 (§ 59.1-434.1 et seq.);
65.
Violating any provision of Chapter 26 (§ 6.2-2600 et seq.) of Title 6.2;
Violating any provision of Chapter 54 (§ 59.1-586 et seq.);of Title 6.2;
Violating any provision of Chapter 54 (§ 59.1-586 et seq.);
inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
70.
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the the U.S.
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) orng by (ii) be construed to prohibit any conduct permitted under Article 4.2 of Chapter 34 of Title 54.1 of the of 4 Code of Virginia;
This subdivision shall not (i) apply to products that are approved for marketing by the U.S.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Article 4.2 of Chapter 34 of Title 54.1 of the Code of Virginia;
§ 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
§ 1125, or other identifying mark, imprint, or device, or any likeness thereof, of of 4 a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
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Action History

  1. Acts of Assembly Chapter text (CHAP0596)

  2. Approved by Governor-Chapter 596 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 13, 2023

  5. Signed by Speaker

  6. Signed by President

  7. Impact statement from DPB (SB1108ER)

  8. Bill text as passed Senate and House (SB1108ER)

  9. Enrolled

  10. Title replaced 23107120D-H1

  11. House substitute with amendments agreed to by Senate (40-Y 0-N)

  12. VOTE: Passage (96-Y 0-N)

  13. Passed House with substitute with amendment (96-Y 0-N)

  14. Engrossed by House - committee substitute with amendment SB1108H1

  15. Committee on Appropriations amendment agreed to

  16. Committee on General Laws substitute agreed to 23107120D-H1

  17. Read third time

  18. Read second time

  19. Reported from Appropriations with amendment(s) (22-Y 0-N)

  20. Impact statement from DPB (SB1108H1)

  21. Referred to Committee on Appropriations

  22. Committee substitute printed 23107120D-H1

  23. Reported from General Laws with substitute (20-Y 1-N)

  24. Subcommittee recommends referring to Committee on Appropriations

  25. Subcommittee recommends reporting with substitute (8-Y 0-N)

  26. House subcommittee amendments and substitutes offered

  27. House subcommittee amendments and substitutes offered

  28. Assigned GL sub: Subcommittee #5

  29. Referred to Committee on General Laws

  30. Read first time

  31. Placed on Calendar

  32. Impact statement from DPB (SB1108E)

  33. Read third time and passed Senate (39-Y 0-N)

  34. Printed as engrossed 23102532D-E

  35. Engrossed by Senate as amended SB1108E

  36. Committee amendment agreed to

  37. Reading of amendment waived

  38. Read second time

  39. Constitutional reading dispensed (40-Y 0-N)

  40. Reported from General Laws and Technology with amendment (15-Y 0-N)

  41. Senate committee, floor amendments and substitutes offered

  42. Impact statement from DPB (SB1108)

  43. Referred to Committee on General Laws and Technology

  44. Prefiled and ordered printed; offered 01/11/23 23102532D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1108?
SB 1108 is sponsored by Ruff, Frank M., Jr..
What is the current status of SB 1108?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
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