FDA announces criminal investigation into vape linked lung illnesses UPI.com FDA Grants First Ever Marketing Authorization for Premium Open System Vaping Products The U.S. FDA has authorized the marketing of premium open system vaping devices, marking a significant regulatory milestone for the vape industry. 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 greenlights Juul's e cigarettes FDA greenlights first fruit flavored vapes C Store Dive