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 Juul news: Vape brand can continue selling its tobacco, menthol flavors of e cigarettes, FDA says ABC7 Chicago FDA Delays Decision on the Sale of Juul, Other Popular Vaping Products Vape makers struggle to stay in business after FDA bans flavored e cigs POLITICO