E Cigarettes, Vapes, and other Electronic Nicotine Delivery Systems (ENDS) FDA This Week's FDA Approval of E Cigarettes: Throwing kids under the bus vs. abandoning adult smokers? Insights@Questrom 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 FDA battles vaping industry at the Supreme Court : NPR BAT's E Cigarette Vuse Gets FDA Authorization FDA Authorizes Tobacco Flavored Vuse E Cigarette, Rejects Its Fruity Versions WSJ