What the Latest Vape Developments Mean for Convenience Retailers
NACS has been monitoring the changes on the vape front the past few weeks.
May 21, 2026
By Margaret Mannion, director of government relations, NACS
A flurry of federal activity over the past two weeks is reshaping the nicotine vapor landscape for convenience retailers. From authorizing new products to issuing guidance on how FDA intends to police illicit products, here’s what NACS has been watching.
How We Got Here
The illicit vape and nicotine problem has been building for years. While the Food & Drug Administration (FDA) has received more than 26 million premarket tobacco product applications (PMTA), it has not authorized nearly enough products to meet market demand.
This backlog of pending applications means that more than 80% (estimated) of the country’s nicotine and vapor market is comprised of illicit products, most of which come into the United States from China. NACS has long pushed for FDA to clear the backlog of applications, provide more clarity on the products retailers can and cannot sell, and crack down on illegal imports. NACS continues to work with Members of Congress to keep pressure on the agency.
Most recently in April, Rep. Richard Hudson (R-NC) and 18 colleagues sent a letter to then-FDA Commissioner Dr. Martin Makary urging more regulatory clarity on pending applications, action on the PMTA backlog and stronger enforcement against illicit products. NACS worked closely with the lawmakers on the letter, and retailers met with Members of Congress on the issue during this year’s NACS Day on the Hill.
The Administration Accelerates Action
On May 5, FDA authorized four new electronic nicotine delivery systems (ENDS) products from Glas Inc. (mango, blueberry and two menthol varieties), marking the first-ever authorization of fruit-flavored vapor products through the PMTA pathway. With this most recent action, FDA has now authorized 45 ENDS products in total.
Later that same week, Center for Tobacco Products (CTP) Acting Director Bret Koplow published a statement noting that FDA reduced its application backlog by approximately 70% in 2025 and that new PMTAs now enter review almost immediately upon receipt.
The fruit-flavored vape authorizations came amid significant leadership turmoil at the agency, with Commissioner Makary ultimately resigning on May 12 after weeks of rumors that the Trump administration was preparing to fire him, with those close to him saying his opposition to the fruit-flavored authorizations was the deciding factor.
On May 8, FDA issued new enforcement guidance clarifying that it will not prioritize action against unauthorized products currently being sold that have a pending or accepted PMTA on file, provided that manufacturers have submitted sufficient public health data. FDA stated it will focus enforcement on products with youth-appealing characteristics, high nicotine content and safety concerns, and it will continue “to implement an aggressive strategy to stop illegal imports of unlawful tobacco products by focusing on the most deceptive and dangerous products, worst actors and egregious conduct.”
Importantly for convenience retailers, FDA said it will soon publish and maintain a publicly available list of manufacturers and their products that it does not intend to prioritize enforcement against. Retailers should watch for this list, as it should provide clearer guidance than what has previously been available.
What This Means for Retailers
The past few weeks represent meaningful progress on an issue that has put compliant convenience retailers at a disadvantage for years. The first-ever authorization of fruit-flavored vapor products signals that the PMTA pathway is finally producing results beyond tobacco and menthol flavored products, and if FDA continues to clear applications at the pace CTP has stated, more consumer-preferred products could enter the legal market in the coming months.
The new enforcement guidance is also a positive development, but retailers should note that the forthcoming list will not mean unauthorized products are in the clear. It only means FDA will deprioritize enforcement against products with a pending and accepted application on file.
NACS will continue pressing FDA to resolve the remaining backlog of PMTAs and provide the product-level clarity retailers need.
Visit the NACS Tobacco resource page for updates.
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