FDA authorization is the federal baseline, but many states impose additional rules that retailers must follow:

• PMTA Registry States — Some states (e.g., Washington, North Carolina, Florida) require that products be FDA-authorized to be sold. In these states, "pending PMTA" products may not be legal regardless of federal enforcement discretion.
• Flavor Bans — States like California, New York, and Massachusetts ban flavored tobacco products, including flavored vapes. FDA authorization of a flavored product doesn't override state flavor bans.
• Licensing & Taxation — Most states require retail tobacco licenses and impose excise taxes on vaping products.

Always check both federal FDA status and your state's specific requirements.