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 FDA drafts guidance to help e cigarettes apply under novel drug status FDA authorizes e cigarette, citing smoker benefit Los Angeles Times