The days of "if it's on the market, it must be legal" are over. The FDA has been steadily issuing both Marketing Granted Orders and warning letters, and the May 2026 enforcement guidance makes one thing clear: unauthorized products are in the crosshairs.
For retailers, distributors, and e-commerce operators, the risk is no longer theoretical. FDA warning letters have been issued to retailers and distributors — not just manufacturers. If you're selling vaping products online or offline, you need a documented compliance process.
Critical: FDA enforcement is triggered by marketing, advertising, distribution, and offering for sale — not just completed sales. Displaying an unauthorized product on your website can be sufficient for enforcement action. You cannot rely on "we're just listing it, not selling it" as a defense.
