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The FDA has authorized marketing of two vaping devices and tobacco-flavored refills made by Logic Technology Development LLC, the vape product arm of Japan Tobacco International (JTI). These are the only vaping products authorized by the agency since Vuse Solo became the first in October 2021—more than five months ago. The FDA gave nods to the Logic Power and Logic Pro, and tobacco-flavored refills for both. Premarket Tobacco Applications (PMTAs) for both devices’ menthol refills remain under FDA review, as have nearly all menthol applications submitted to the agency. Logic submitted PMTAs for the Power and Pro devices and refills in 2019. They were among the earliest submissions—more than a year before the Sept. 9, 2020 PMTA submission deadline.

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Refillable vape pod kits differ from disposable devices in a few ways: With a rechargeable battery and refillable pods/tanks, these are designed to be reused over time. However, some of the newest disposable vapes on the market are rechargeable, just not refillable.

The FDA has federal authority to regulate vaping products. In September 2020 the agency began reviewing Premarket Tobacco Applications (PMTAs), and has signalled it will not authorize flavored products without extraordinary evidence. Whether the agency will be successful creating an unwritten standard that eliminates legal flavored products (except tobacco and menthol) may be determined by federal courts. Most vape bans in the U.S. happen at the state and local levels.And while a few California cities—notably San Francisco—have banned sales of all vaping products, most American vape restrictions involve flavors and online sales. There are only a few of each, despite the large number of vaping bans that have been proposed in state legislatures in recent years—proof that grassroots opposition can stop bad legislation.

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The Swedish government has formally proposed a ban on non-tobacco vape flavors, including menthol. The proposed law covers nicotine and non-nicotine e-liquid, and also captures regulatory authority over all synthetic nicotine products.If passed, sales of flavored vape products will be illegal beginning Jan. 1, 2023.