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 The FDA Is Regulating E Cigarettes. Here's What You Need to Know. Mother Jones The FDA Announces it Will Ease Vape Enforcement. Is This a First Step Towards an Effective Smoking Cessation Strategy? Vaping Post FDA authorizes e cigarette, citing smoker benefit Los Angeles Times FDA authorizes first e cigarette, cites benefit for smokers PBS News