I’ve been fielding the same question nonstop lately: why are disposable vapes so hard to find right now? The short answer is that we are in a real, nationwide squeeze. It is not one single policy or one brand stumbling. It is multiple gears turning at once: state-level flavor bans, a very narrow list of federally authorized products, a federal task force intercepting shipments at the ports, and shipping rules that choke online supply. Put those together and you get exactly what we’re seeing on shelves today—spotty inventory, rising prices, and constant out-of-stocks.
Are disposable vapes banned?
No, there is no blanket federal ban on vaping or disposable vapes in the United States. What makes this confusing is that cheap disposable vapes and flavored products face overlapping restrictions. Many states and cities prohibit flavored sales. At the federal level, a vape must have an FDA marketing order to be sold legally, and very few products have it. Federal agencies are also actively seizing unauthorized shipments at the border. Those three realities, together, are driving the current shortage.
Is vaping banned?
Vaping as a whole is not banned nationwide. It is regulated. States like California, Massachusetts, New Jersey, and New York restrict flavored products—and those laws do a lot of the work consumers feel as “vaping is banned,” especially for disposables that are mostly sold in non-tobacco flavors. If you live in one of these states, your local shop’s selection will be dramatically narrower than what you see online.
The 5 forces creating today’s disposable vape shortage
1) State flavor bans shrink the legal shelf
Even without a federal ban, state and local laws effectively remove most flavored disposables from retail. California’s law prohibits the retail sale of flavored tobacco products, Massachusetts has banned flavored tobacco and vapes since 2019, and New Jersey and New York both enacted statewide bans in 2020. That means large parts of the country simply cannot stock flavored disposables at all, and neighboring states see spillover demand.
2) The FDA has authorized only a tiny slice of the market
To sell any “new” tobacco product legally in the U.S., a company needs a written FDA marketing order. As of mid-2025, the agency has authorized only a few dozen products, mostly tobacco or menthol flavors from big brands. Most popular disposable lines are not on that list. When your legal universe is that small, retailers get squeezed and consumers find fewer options on the shelf.
The PMTA pathway is expensive and slow. Critics argue it favors big players with deep pockets. The FDA’s tobacco center is funded by user fees from manufacturers and importers, which fuels a perception that only the biggest firms can make it through the process. Regardless, the result is the same: very few products are authorized, and that limits availability nationwide.
3) Customs is stopping massive shipments at the border
Throughout 2024 and 2025, FDA and U.S. Customs have run joint operations to seize unauthorized vapes at ports. Millions of units valued in the tens of millions of dollars have been confiscated before reaching wholesalers. When container loads never make it into U.S. distribution, retail shelves show the gap within weeks.
4) Shipping rules choke the online channel
If you’re used to ordering vapes online, you’ve probably noticed fewer options and higher shipping hurdles. That is because the USPS banned mailing ENDS products in 2021 under the PACT Act, and most private carriers followed suit. Cutting off the most convenient channel funnels all demand back to local stores, which are already constrained.
5) An aggressive federal task force and volatile enforcement
In 2024, the Department of Justice and FDA announced a multi-agency task force to stop the sale of illegal vapes. Since then, warning letters, injunctions, and seizures have ramped up. The result is a shrinking catalog and tighter supply at retail. Many stores that once stocked dozens of flavors now only carry what’s authorized—or risk losing it all to enforcement.
What this means for shoppers and retailers
- Selection looks “tobacco-heavy.” In states with flavor bans, the few authorized products are mostly tobacco or menthol.
- Out-of-stocks are common. When millions of units get seized at the ports, stores feel it weeks later with empty shelves.
- Online ordering is limited. Carrier restrictions have made mail-order disposables harder to get than ever before.
- Compliance is critical. Retailers stocking unauthorized products face steep penalties, so many play it safe by narrowing offerings.
Bottom line
Disposable vapes are not banned nationwide, but layers of regulation and enforcement are shrinking what is legal and available. State flavor bans limit what can be sold, the FDA has authorized only a small set of products, customs is holding back shipments at the ports, and shipping rules make online buying difficult. Put all of that together, and the shortage we’re seeing makes sense. Until more products gain FDA approval or laws change, shoppers should expect inventories to stay tight and flavors limited.
For those of you who are looking for an online vape retailer that still has a significant amount of disposable vapes still in stock, visit ejuicevapedistro.com. This business purchases from manufacturers in large bulk orders, so when everyone else is running low or out of stock, Ejuice Vape Distro will oftentimes have it available. Browse their store to see what they have.
Note: The FDA’s tobacco program is funded by industry user fees set by law. Critics argue this favors larger companies, while the agency maintains that authorizations are based on public health standards. The end result is a very small list of approved products and limited choice for consumers.
