Both product categories fall under FDA tobacco regulation, but their regulatory status differs significantly.
Nicotine Pouches: A Smaller Authorized Market
As of 2026, approximately 30 nicotine pouch products have received FDA marketing authorization through the PMTA process. The FDA's pilot program for oral nicotine products has accelerated review times — while the original ZYN application took 5 years, newer products like on! PLUS were authorized in just 18 months.
However, the vast majority of nicotine pouches on the market remain unauthorized. In May 2026, the FDA updated its enforcement priorities to include certain unauthorized flavored nicotine pouch products as enforcement targets, signaling a crackdown similar to what happened with disposable vapes.
Our FDA vape crackdown guide explains the broader enforcement landscape, which increasingly encompasses nicotine pouches as well.
Vapes: A Larger But Polarized Market
About 48 ENDS products have FDA marketing authorization, primarily from Vuse, JUUL2, and NJOY. But the market is polarized — the vast majority of disposable vapes sold in the US remain unauthorized and face active FDA enforcement, including import seizures at the border.
You can verify any product's status using our guide on how to check FDA-authorized vapes, or browse the complete list of authorized products.
Important: The FDA has stated that for adult smokers who have failed other cessation methods, fully switching to FDA-authorized tobacco products (including both vapes and nicotine pouches) may reduce exposure to harmful chemicals. However, neither product type is approved as a cessation device, and they are not intended for non-smokers or youth.
