Are disposable vapes legal in the US? What FDA records show

Published September 26, 2026 · Last checked against FDA and state sources: September 26, 2026 · Informational research, not legal advice

The short answer

• The FDA’s list of authorized e-cigarettes, current as of August 28, 2026, has 48 products. The FDA says these are “the only e-cigarettes that may be lawfully sold in the United States.”
• Four products on that list are ones the FDA has described as disposable: NJOY DAILY in Rich Tobacco and Menthol (4.5%) and NJOY DAILY EXTRA in Rich Tobacco and Menthol (6%).
• Brands such as Elf Bar, Geek Bar, Breeze and Mr. Fog do not appear on the FDA’s authorized list.
• State law can be stricter. New York and New Jersey prohibit the sale of flavored vapor products, and both count menthol as a flavor. New York’s law exempts flavored products the FDA has authorized through premarket review.

Which disposable vapes are FDA authorized?

The FDA’s list doesn’t label products as “disposable,” but the FDA’s own announcements describe the NJOY DAILY line that way. In June 2024 it called them “disposable e-cigarettes with a prefilled, non-refillable e-liquid reservoir.”

The FDA says authorization “does not mean these products are safe, nor are they ‘FDA approved.’” See all 48 authorized products in our FDA-authorized vapes database.

What about Elf Bar, Geek Bar and other flavored disposables?

They are not on the FDA’s authorized list, and the FDA has taken action against sellers of popular disposable brands:

• May 31, 2023: the FDA issued warning letters to 30 retailers, including one distributor, for selling unauthorized Puff and Hyde disposable e-cigarettes.
• December 5, 2024: the FDA warned 115 brick-and-mortar retailers for selling unauthorized e-cigarettes, including Geek Bar and Elf Bar products. See our Geek Bar guide for the full FDA record on that brand.

Why the FDA focuses on this category: in the 2024 National Youth Tobacco Survey, the FDA reported that “disposable e-cigarette products were the most common product type used” among middle and high school students who currently used e-cigarettes. The most-reported brands were Elf Bar (36.1%), Breeze (19.9%), Mr. Fog (15.8%), Vuse (13.7%) and JUUL (12.6%).

Did the FDA’s May 2026 enforcement guidance make them legal?

No. On May 8, 2026, the FDA issued final guidance describing which unauthorized e-cigarettes and nicotine pouches it will prioritize for enforcement. The FDA’s Federal Register notice announcing the guidance says that “all new tobacco products, including those that are ENDS and nicotine pouch products, on the market without authorization are illegally marketed products,” and the guidance states that it “does not establish any rights for any person.” The FDA also says falling within the policy “in no way has a bearing on whether the tobacco product is likely to receive premarket authorization.”

A pending application doesn’t change the answer either. The FDA says a pending application “does not create a legal safe harbor to sell that product.”

State law: New York and New Jersey

• New York: “No vapor products dealer … shall sell or offer for sale at retail in the state any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine.” New York’s definition of “flavored” includes menthol and mint. (N.Y. Public Health Law § 1399-mm-1)
• New Jersey: S3265, signed January 21, 2020, “prohibits the sale and distribution of flavored vape products, including menthol.”

So in these two states, flavored vapor products (including menthol) generally can’t be sold at retail. New York’s law exempts flavored products the FDA has authorized through premarket review (§ 1399-mm-1(4)). New Jersey’s law excludes “any drug, device, or combination product approved by the federal Food and Drug Administration” under the Food, Drug, and Cosmetic Act. The FDA says its authorized e-cigarettes are not “FDA approved,” so it is unclear whether that exclusion covers them. Check the statute or ask the state before assuming an FDA-authorized menthol product can or can’t be sold there. For age limits, shipping and taxes in each state, see our state vape law guides, including New York, New Jersey, Pennsylvania, Connecticut and Ohio.

How to check a specific disposable

1. Open the FDA’s authorized e-cigarettes list.
2. Match the exact brand, product name, flavor and nicotine strength. A different flavor or strength of the same brand is a different product.
3. If it isn’t on the list, it isn’t among the products the FDA identifies as authorized. Our step-by-step guide: Is my vape FDA authorized?

This page is informational research for adults 21+, not legal advice. TristateVape doesn’t sell vapes or link to any retailer from this page.

Sources

• FDA — E-Cigarettes, “Vapes” and Other ENDS Authorized by the FDA (current as of Aug 28, 2026)
• FDA — Marketing Decisions on NJOY Daily E-Cigarette Products (June 10, 2022)
• FDA — Authorizes Marketing of Four Menthol-Flavored E-Cigarette Products (June 21, 2024)
• FDA — Retailer Inspection Blitz on Popular Disposable E-Cigarettes (May 31, 2023)
• FDA — Warns More Than 100 Retailers… Including Geek Bar (Dec 5, 2024)
• FDA — Youth E-Cigarette Use Drops to Lowest Level in a Decade (Sept 5, 2024)
• Federal Register — Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization (May 12, 2026)
• FDA — Issues Guidance on Enforcement Priorities for Unauthorized ENDS and Nicotine Pouch Products (May 8, 2026)
• FDA — Advisory and Enforcement Actions Against Industry for Unauthorized Tobacco Products
• New York State Senate — Public Health Law § 1399-mm-1
• State of New Jersey — Governor’s office on S3265 (Jan 21, 2020)
• New Jersey Legislature — P.L.2019, c.425 (enacted text of S3265)
• FDA — Guidance: Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization (May 2026)