Most of the action on disposable vape restrictions has been at the state level, but there's also important activity at the federal level:

FDA Regulation (PMTA)

The FDA has the authority to regulate all vaping products through the Premarket Tobacco Product Application (PMTA) process. As of 2026, only a handful of products have received FDA authorization — none of which are disposable vapes. However, most disposable products remain on the market through enforcement discretion. The FDA has prioritized enforcement against youth-appealing flavors and products with clear marketing to minors.

For a deeper dive, see our guide to FDA PMTA and the compliant vape market.

Congressional Action

There have been various bills in Congress targeting disposable vapes — particularly flavored disposables and products that appeal to youth. The Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act (PALYTE Act) and similar proposals have been introduced but haven't passed. The political divide on this issue means federal legislation is unlikely in the near term.

Youth Vaping Crackdown

The FDA and FTC have been cracking down on disposable vape brands that they believe are targeting youth. This includes warning letters, fines, and in some cases, product seizures. Brands with cartoon mascots, candy names, or obvious youth appeal have been primary targets.