United States
Legal only with FDA marketing authorisation; state rules vary wildly.
- Nicotine limit
- No federal cap
- Flavours
- No federal ban — state and city rules vary (several states restrict flavours)
- Online sales
- Allowed, with age verification and PACT Act reporting
- Tax
- No federal excise; most states levy their own
- Personal import
- Personal-use quantities tolerated; customs enforcement is inconsistent
- Status
- Restricted
The US is not one market. It is a federal authorisation regime sitting on top of 50 state markets that each add their own tax, flavour rule, and in some cases a product directory that only lists products approved for sale in that state.
The federal layer
E-cigarettes have been regulated as tobacco products since 2016. Everything sold legally needs a PMTA authorisation, which in practice almost nothing had until recently. 2026 is the year that started to change: the FDA issued its first authorisations for fruit-flavoured products, and published enforcement priorities that treat applications pending longer than 180 days as lower priority. Whether that becomes a real legal market or just a slower grey one is the open question.
The state layer
This is where buying decisions are actually made. By August 2026, 17 states had created state-managed e-cigarette directories — effectively a licensing list of products allowed on shelves. Flavour bans, excise taxes and directory requirements differ enough that a product legal in one state can be contraband two hours away.
What it means if you are buying
Check your state, not the federal picture. A device that is “authorised” still may not be listed in your state’s directory, and a product sold openly in a shop near you can still be non-compliant.