FDA Declares 54% of Vapes Illegal: What Importers Must Know Now Harris Sliwoski LLP FDA & CBP Seize $34M Illegal E Cigarettes in Chicago Ecigator The FDA Warms to Vaping 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 Delays Decision on the Sale of Juul, Other Popular Vaping Products