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 An 'illicit vapes enforcement squad' is set to be launched as part of a crackdown on the illegal sale of e cigarettes to under 18s. Illegal vape hunt: SF nabs smoke shop owners in undercover op The San Francisco Standard 1.4 million illegal e cigarettes seized as US government bears down on unauthorized sales CNN