Which US E-Cigarette Brands Have Received Full PMTA Approval From The FDA?

Last year, the FDA released what we deemed a ‘handy list’ of the vaping and e-cigarette brands that were authorized for sale here in the U.S. The aim of this was to help existing tobacco sellers to clearly understand which e-cigarette products were legal for them to sell.

But this document is also helpful for consumers looking to know more about which e-cigarette brands have received full PMTA approval from the FDA. Here’s everything you need to know.

Which Brands are Approved by The FDA?

The FDA list can be complicated because officially it includes 23 e-cigarettes and devices but many of these are just refills for existing devices. In reality, the useable list of brands that have been approved by the FDA and that will be useful to consumers are

· Logic Pro + two tobacco-flavored refills

· Logic Power + one tobacco-flavored refill

· NJOY Daily - two nicotine strengths, both tobacco-flavored

· NJOY Ace + three tobacco-flavored refills

· Vuse Solo + two tobacco-flavored refills

· Vuse Vibe + one tobacco-flavored refills

· Vuse Ciro (although these are no longer readily available in the U.S.)

You read that correctly—only artificial tobacco-flavored refills for vape devices are FDA approved in the U.S. Meaning that the whole range of minty, fruity, and other exciting flavors that so many vapers enjoy have not received FDA approval. But does that mean that they are outright banned or that you can’t purchase them?

Why are Fruit Flavored Vapes Prohibited?

The FDA guidelines are incredibly confusing. They were introduced because the fruity flavors of the most popular vapes were deemed to be too kid-friendly (a bizarre assertion that assumes adults don’t enjoy the flavor of fruit) and were written into U.S. law in 2022 under the Preventing Online Sales of Flavored E-cigarettes Act (PACT Act).

The PACT Act prohibits the sale of flavored e-cigarettes to anyone under the age of 21, and it also prohibits the online sale of flavored e-cigarettes to anyone in the United States.

But there is a loophole. The PACT Act does not explicitly prohibit the sale of flavored disposable vapes, and it also does not explicitly prohibit the sale of flavored e-cigarettes in stores that do not sell tobacco products. Disposable vapes aren’t an environmentally friendly choice and often don’t have the same intense flavor that reusable vapes have. But this is the only way (from an official viewpoint) that you can enjoy a fruity, tasty vape treat.

State By State Vape Bans

Your access to vaping products will often depend on where you live. Some cities and states have introduced bans on flavors or even outright flavor bans. Most American vape restrictions involve flavors and online sales meaning that most citizens will still have access to vapes in some form.

Arkansas—online sales of vaping products are prohibited
California—you can’t buy any vape flavor other than tobacco in-store but online sales haven’t been banned
Georgia—online sales of vaping products are banned
Hawaii—online sales are banned from out-of-state except to licensed retailers
Maine—online sales of vaping products are banned
Massachusetts—sales of all flavors except tobacco are prohibited
Nebraska—online sales of vaping products are banned
New Jersey—sales of all flavors except tobacco are prohibited
New York—you can’t buy any flavor except tobacco in-store and the state also has an online sales ban on all vaping products
Oregon—online sales of vaping products are prohibited
Rhode Island—sales of all flavors except tobacco are prohibited
South Dakota—shipping of all tobacco products (including vapes) is prohibited
Utah—online sales are prohibited, and the state has also passed a ban on flavors other than tobacco and menthol, which will take effect Jan. 1, 2025
Vermont—online sales of vaping products are prohibited

The following major cities have also introduced flavor bans that supersede state law: Chicago, IL; Los Angeles, San Diego, Sacramento, Oakland and San Jose, CA; and Boulder, CO. Complete bans on vaping product sales have also been adopted by San Francisco and some smaller California cities.

Is Unauthorized the Same as Illegal?

There are many vaping devices on the market, as well as a whole taste rainbow of vaping flavors, that have not been given approval by the FDA. Does this mean that you can’t have access to them?

Right now unauthorized does not necessarily mean illegal, in the case of products that have pending approval applications or legal challenges outstanding with the FDA. This is because while those products have not been authorized for sale at this point, the FDA has indicated that whilst challenges are pending, it won’t take legal action against any products, vendors, or manufacturers.

In real terms this means that the FDA's list of authorized products is meaningless unless the agency decides to take action against thousands of products with uncertain authorization status. But as those approval requests and challenges are processed, this loophole will ultimately close.

It’s also important to note that while the sale of certain vapes or vape flavors are prohibited in certain states, that doesn’t mean it is illegal to purchase those vapes or indeed to smoke them. The onus to comply lies with the retailer rather than with the consumer.

Right now, there are as many loopholes as there are restrictions and, as mentioned more than once above, the FDA guidelines are particularly confusing and diluted. But as a rule of thumb, you should consider sticking with the six vaping products clearly outlined above as being approved by the FDA. You might also want to consider the flavor palette that you choose.

The Electric Tobacconist stocks e-liquid of varying nicotine levels, including nicotine-free, as well as all your favorite e-cigs from the likes of VUSE, VUSE Pods, JUUL and blu. Spend over $150 with us on any eligible order and get FREE shipping. Please note, Heated Tobacco and nic pouch products such as Zyn and Velo are currently only available for sale from our UK store and cannot be shipped to the US.