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 Upstate NY school district helps bust an illegal vape operation: 'We felt it was important to report that information' Illegal vape hunt: SF nabs smoke shop owners in undercover op The San Francisco Standard Illicit Vapes and E Cigarettes Flood Stores as F.D.A. Struggles to Combat Imports The New York Times