The majority of e-cigarettes on the market are illegal

Unauthorized e-cigarettes, low in cost and high in nicotine concentration, are dominating the U.S. market and pose a significant threat to public health, especially for young people. 

As of January 2026, The Food and Drug Administration (FDA) has only authorized 39 e-cigarette products, including products from JUUL, NJOY, Vuse, and Logic. The remaining e-cigarettes on the market, nearly all of which are flavored and disposable, are being sold illegally. 

Disposable e-cigarettes have grown bigger in volume, stronger in nicotine concentration, and cheaper in price, making large amounts of nicotine accessible to price-sensitive youth. The amount of nicotine sold increased by 249.2% between 2020 and 2024, largely due to the increased size and strength of disposable devices. 

Disposable e-cigarettes are currently the most commonly used nicotine product among young people. While some progress has been made to crack down on illegal products, there is an urgent need to protect young people by preventing illegal products from entering the U.S. market and removing the illegal products currently on the shelves.

Flavored and high-tech “smart” devices, most of which are illegal, appeal to young people

The vast majority of illegal e-cigarettes are disposable, flavored, and available at low prices accessible to young people. 

In addition, many brands now include “smart” features such as digital screens, Bluetooth connection and games, which can attract young people and can keep users engaged.

Sales of disposable, illegal e-cigarettes are also driven by sweet, youth-appealing flavors. Between February 2020 and December 2024, disposable e-cigarette sales increased by 206.0% (4.1 million units to 12.5 million units), driven by fruit, candy, and dessert-flavored products, and nearly all young people who reported current e-cigarette use (97.7% of youth ages 13–17 and 95.5% of young adults ages 18–27) reported using a flavored product.

Action is needed to remove illegal e-cigarettes that risk furthering nicotine addiction

The premarket review process provides the FDA with an objective and systematic method to evaluate whether an e-cigarette product benefits public health and can be legally marketed in the United States. 

The FDA has denied permission to market many non-tobacco and non-menthol flavored e-cigarette products, especially those with youth-appealing flavors like menthol, fruit, and candy. However, many of those denials are currently under judicial or supervisory review. Some brands that do not have FDA authorization but continue to be sold anyway include Elf Bar, Lost Mary, and Funky Republic. 

In recent years, the FDA has increased enforcement efforts around e-cigarette manufacturers and retailers for continuing to sell youth-appealing e-cigarettes. These actions include issuing warning letters, civil money penalties, injunctions, and joint operations with other federal officials to seize imports of unauthorized e-cigarette products. However, further action must be taken to eliminate all illegal products from the market. 

Actions to address unauthorized e-cigarette sales are crucial to protect the health of young people. Nicotine use can harm the developing brain and make young people more susceptible to addiction later in life, and nicotine addiction can increase stress and intensify symptoms of depression and anxiety.

Truth Initiative applauds actions taken to address sales of illegal e-cigarettes and urges all retailers to act swiftly and in compliance with the law to remove these products from the shelves and ensure a safer future for young people.