vape battery pen

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

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:

JUUL Labs Inc.

JUUL Device JUUL Pods (Menthol 3.0%) JUUL Pods (Menthol 5.0%) JUUL Pods (Virginia Tobacco 3.0%) JUUL Pods (Virginia Tobacco 5.0%)

Logic Technology Development LLC

Logic Regular Cartridge/Capsule Package Logic Pro Capsule Tank System (1) Logic Vapeleaf Cartridge/Capsule Package Logic Pro Capsule Tank System (2) Logic Vapeleaf Tobacco Vapor System Logic Power Tobacco E-liquid Package Logic Pro Tobacco E-liquid Package Logic Power Rechargeable Kit

NJOY LLC

NJOY DAILY Rich Tobacco 4.5% NJOY DAILY EXTRA Rich Tobacco 6% NJOY DAILY EXTRA Menthol 6% NJOY DAILY Menthol 4.5% NJOY ACE Device NJOY ACE Pod Classic Tobacco 2.4% NJOY ACE Pod Classic Tobacco 5% NJOY ACE Pod Rich Tobacco 5% NJOY ACE Pod Menthol 2.4% NJOY ACE Pod Menthol 5%

VUSE - R.J. Reynolds Vapor Company

Vuse Vibe Power Unit (1) Vuse Vibe Power Unit (2) Vuse Vibe Tank Original 3.0% Vuse Replacement Cartridge Original 4.8% G1 Vuse Replacement Cartridge Original 4.8% G2 Vuse Ciro Power Unit (1) Vuse Ciro Power Unit (2) Vuse Ciro Cartridge Original 1.5% Vuse Solo Power Unit Vuse Alto Power Unit Vuse Alto Pod Golden Tobacco 5% Vuse Alto Pod Golden Tobacco 2.4% Vuse Alto Pod Golden Tobacco 1.8% Vuse Alto Pod Rich Tobacco 5% Vuse Alto Pod Rich Tobacco 2.4% Vuse Alto Pod Rich Tobacco 1.8%

You read that correctly—only artificial tobacco and menthol-flavored refills for vape devices are FDA approved in the U.S. Meaning that the whole range of 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.