The legal architecture for federal enforcement against unauthorized e-cigarettes is broader than most coverage of the issue suggests. A March 2026 GAO report (GAO-26-107991) maps out the full range of tools available to the Department of Justice—and which ones actually get used.

The Legal Basis

Two statutes form the primary framework. The Federal Food, Drug, and Cosmetic Act prohibits the distribution of e-cigarette products that are adulterated or misbranded in interstate commerce. Under FDA’s 2016 rule extending its tobacco authority to e-cigarettes, any product sold without FDA premarket authorization is automatically considered adulterated and misbranded—meaning the unauthorized status of a product is itself the legal violation, not any separate showing of harm or deception.