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 Which US E Cigarette Brands Have Received Full PMTA Approval From The FDA? Wisconsin to Ban Sale of Non FDA Approved Vapes Starting in Sep Fruit flavored vapes just cleared a major hurdle with the FDA. The Food and Drug Administration authorizing the marketing of fruit flavored e cigarettes, marking the first time it has approved this category of vaping