Your Vape Could Be Illegal. As of January 2026, the Food and Drug Administration (FDA) has only authorized 39 e cigarette products. The remaining e cigarettes on the market are being sold illegally. These This Week's FDA Approval of E Cigarettes: Throwing kids under the bus vs. abandoning adult smokers? Insights@Questrom FDA approves fruitflavored ecigarettes with strict ageverification requirements YouTube FDA Authorizes NJOY Vapes in Its Biggest Positive Decision Yet Action needed on e cigarettes FDA authorizes e cigarette, citing smoker benefit Los Angeles Times