• Authorized = Product cleared PMTA review. May be legally marketed under federal law.
• Unauthorized but on shelves = Product has no PMTA authorization but is sold under FDA enforcement discretion. Legally gray.
• Illegal = Product has no PMTA authorization and is subject to FDA import bans and market sweeps.
• State overlay = FDA authorization does not override state or local flavor bans. See our California AB 762 disposable vape ban guide.

FDA Status: The U.S. regulatory landscape differs from state to state. FDA authorization permits federal marketing but does not override state or local flavor bans. Five states (CA, MA, NY, NJ, RI) maintain active flavor restrictions. For consumers: always check the FDA's authorized product list before purchasing. For retailers: verify PMTA status through the FDA's search tool and maintain documentation. The enforcement discretion gap between authorized and unauthorized products may close without warning.