• If a vape product does not have FDA PMTA authorization, it is illegal to import, distribute, or sell in the United States. This includes most popular disposable brands.
• CBP now destroys unauthorized shipments at the port. There is no court hearing, no appeal, and no opportunity to redirect the shipment. Products are physically destroyed.
• Retailers face civil penalties exceeding $21,000 per violation for selling unauthorized products, plus potential license revocation and inventory seizure at the state level.
• State laws create a three-tier system: flavor-ban states (no flavored vapes), product directory states (only listed products can be sold), and low-restriction states (federal law applies but unauthorized products remain widely available).
• The enforcement targets supply, not consumers. Individual possession of unauthorized products is rarely prosecuted, but importing them carries legal risk.
• Only 45 products from 5 brands are FDA-authorized. Everything else on the market is technically unauthorized, even if widely available.

FDA Status Context: The FDA's enforcement priorities mean that not every unauthorized product is actively pursued. However, the new seize-and-destroy law applies to all unauthorized products at the border, regardless of individual enforcement priority. Availability and legality vary by state.