Published May 13, 2026 by the Vape Shop Wholesale editorial team
TL;DR
On May 5, 2026, the FDA approved fruit flavored vapes for the first time in history. Four products from a Los Angeles company called Glas got the green light: Classic Menthol, Fresh Menthol, Gold (mango), and Sapphire (blueberry). One week later, on May 12, FDA Commissioner Marty Makary resigned, reportedly because he did not agree with the decision. The acting head of the FDA tobacco center, Dr. Bret Koplow, is now running the show. About 85% of vapes sold in the US are still not FDA approved, but a $200 million federal enforcement budget and new state laws are starting to change that. The disposable vape category is not going away, but it is getting sorted into approved products and unapproved ones, and shop owners need to start thinking about which side of that line their inventory sits on.
Key Facts
- Date of first fruit flavored vape approval: May 5, 2026
- Company: Glas, Inc., based in Los Angeles
- Products approved: 4 pods (Classic Menthol, Fresh Menthol, Gold/mango, Sapphire/blueberry) at 5% nicotine
- Total FDA approved vape products in the US: 45
- Total vape applications the FDA has received: Over 26 million
- Estimated share of US vape market that is unauthorized: Around 85%
- Federal enforcement budget for illegal vapes in fiscal year 2026: $200 million
- Disposable vapes as a share of total US e-cigarette sales: Over 60%
- FDA Commissioner Marty Makary resignation date: May 12, 2026
- Acting Director of the FDA Center for Tobacco Products: Dr. Bret Koplow
What Actually Happened on May 5
The FDA gave the green light to four vape products made by a Los Angeles company called Glas. The four flavors are Classic Menthol, Fresh Menthol, Gold (which is mango), and Sapphire (which is blueberry).
Each one is a 5% nicotine pod. The Glas pods are now legal to sell to adults 21 and older across all 50 states. Although each stop has there regulations.
This is the first time the FDA has ever said yes to approve a fruit flavored vape. Before this, the only vapes the FDA had approved were tobacco flavor and menthol flavor. Nothing else. They had rejected over one million applications for fruit, candy, and dessert flavors over the years.
So this is a big deal. Source: FDA press release, May 5, 2026.
Why the FDA Said Yes This Time
Here is the part most people are missing.
The FDA did not just decide that fruit flavors are fine now. They approved these specific four products because of the technology Glas built into the device. The device only works if you do all of this:
- You verify your age with a government issued ID
- You pair the device with your phone over Bluetooth
- The device shuts off if it gets too far from your phone
- The app does random face scan check ins to make sure it is still you using it
The FDA tested it on real people. Adults over 21 could set it up and use it. Teens and young adults could not figure it out or get past the verification. That is what got the approval over the line.
The acting head of the FDA tobacco center, Dr. Bret Koplow, called this technology a potential game changer for keeping vapes out of kids hands. Source: Pharmacy Times.
What this means in practical terms is that the FDA just opened a new path. If you can prove your device keeps kids out, you can get flavors approved. That is a real change from how things worked for the last ten years.
Why the FDA Commissioner Quit
Marty Makary was the head of the FDA. He got the job in March 2025. He resigned 13 months later, on May 12, 2026.
According to the New York Times, 4 people close to him said he quit because he could not support approving the fruit flavored vapes. He thought it would lead to more kids vaping, and he did not want his name on the decision. Source: NYT via NCHR.
The Wall Street Journal had reported that President Trump was pushing Makary to move faster on flavor approvals. The FDA pushed the Glas approval through without Makary. The press release on May 5 did not even include a quote from him. It said the decision was made under President Trump's leadership.
Presdient Trump has shed positive light onto the vape industry in the past espcially in his earlier campaigns.
A week later he was gone.
This matters because the person who replaces Makary is going to set the direction of the FDA for years. Whoever it is, they are walking into an agency where the old leadership is mostly gone and the new path on flavors is already cleared.
How We Got Here: A Quick Timeline
If you want the bigger context, here is how the FDA got to this moment.
2009 to 2022: The Old Rules
Congress passed a law in 2009 giving the FDA power over tobacco and vape products. For years the FDA worked through a backlog of applications. They approved a few tobacco and menthol vapes from big companies like Vuse and NJOY. They said no to almost everything else.
2022 to April 2025: The Brian King Era
Brian King ran the FDA tobacco center starting in 2022. He was tough on flavors. The FDA under King rejected over one million applications for fruit and candy flavored products. He believed flavors were the main reason kids were vaping, and he was not going to approve them.
The vape industry simply hated him.
April 2025: King Gets Removed
In April 2025, Brian King was put on administrative leave as part of a much bigger purge at the FDA. The Trump administration laid off about 3,500 FDA staff. Most of the tobacco center policy team got fired the same day. King was offered a job at the Indian Health Service. He left instead. Source: PBS / AP report.
The Vapor Technology Association, an industry group, called it the first step in fixing what they saw as a broken FDA.
May 2026: Flavors Approved, Commissioner Quits
Eight days ago the FDA approved the four Glas flavors. Yesterday the FDA Commissioner resigned. Dr. Bret Koplow is now running the tobacco center as acting director. The Commissioner job is open.
The Part Nobody Talks About: The Illegal Market
Here is something most news stories leave out, but if you are in this business you already know it.
About 85% of the vapes being sold in America right now are not legally authorized. The FDA has received more than 26 million applications from vape companies, and they have approved 45 products total. That is not a typo. Forty five. Source: Washington Times.
Almost every flavored disposable you see in stores, the ones everyone actually buys, falls into that 85%. Geek Bar, Lost Mary, RAZ, Elf Bar, Off Stamp, Funky Republic, all of them. None of these have FDA approval. They are sold anyway because the demand is there and enforcement has been spotty.
That is starting to change.
What the Government Is Doing About It
Congress gave the FDA $200 million for fiscal year 2026 just for cracking down on illegal vapes. The FDA, DOJ, and Department of Homeland Security have a joint task force seizing shipments at ports of entry.
Some recent moves:
- September 2025: Federal agents seized over 2 million illegal vape products in one nationwide sweep
- January 2026: A raid on a Miami warehouse confiscated 628,000 unauthorized vapes worth over $7 million
- March 2026: 71 members of the House of Representatives sent a letter asking the Trump administration to make illegal Chinese vape imports part of trade negotiations with China
The letter from Congress is worth reading if you want to understand the politics. It says illegal Chinese vapes are being used to launder money for Mexican drug cartels and that the money flow has been traced by the Treasury and ATF. Source: Carey letter to USTR, March 2026.
What the States Are Doing
States are not waiting for the federal government. They are passing their own laws.
- Indiana signed a law in January 2026 banning Chinese made vapes
- Pennsylvania passed a law restricting unauthorized vape sales
- Georgia, North Dakota, South Carolina, and Tennessee are all working on registry bills that would create public lists of legal vape products
- New York is suing vape distributors directly over flavored disposables
What this adds up to is simple. If you are selling unauthorized product, the ground is shifting under your feet. Slowly in some places, quickly in others, but everywhere.
Source: Tobacco Insider regulatory roundup.
What This Means If You Own a Vape Shop
Let me talk to you like a friend who knows the business.
The disposables you sell the most of, the Geek Bars and Lost Marys and RAZ devices and everything else flying off your shelves, are not going to disappear next week. The demand is too high and the enforcement is too uneven. You are going to keep selling them for a while.
But you should be thinking about what your shelf looks like 18 months from now.
Here is what I would do.
1. Start Building Your Authorized Inventory Now
Get the FDA approved stuff on your shelf. NJOY Daily, Vuse, the new Glas pods when they hit distribution. These are not your best margin products. They are not what your customers ask for by name. But when states start enforcing PMTA registries, the shops with authorized inventory are the shops that stay open.
You can stock authorized products through any decent wholesaler. We carry them at Vape Shop Wholesale and you do not need a subscription or a minimum to get wholesale pricing.
2. Do Not Panic Sell Your Bestsellers
The Geek Bar, Lost Mary, and RAZ disposables that drive your daily revenue are still legal to buy and sell in most places. Some states are tightening up. Watch your state laws. But you do not need to dump your top SKUs tomorrow. You need to gradually shift your mix.
3. Pay Attention to Made in USA Brands
There is a real shift happening toward American made vapes. At the big trade show in Las Vegas this year, a brand called DOJO showed off a 60,000 puff disposable they market as built in the USA. The label is racing ahead of the actual approval status, but the marketing trend is real. Source: Nicotine Insider.
Customers are starting to ask. Stock answers their question.
4. Watch the Next FDA Approvals Like a Hawk
The Glas approval is a template. Any company that can prove their device keeps kids out is now in line for approval. The next three or four brands through that door are going to be huge. Get ahead of it. If your wholesaler is paying attention to the FDA, they will be among the first to carry whatever gets approved next.
5. Build a Relationship With a Wholesaler Who Reads the News
This is the single biggest advantage you can have right now. Pricing matters, but pricing on the wrong inventory will not save you. Find a wholesaler who is adjusting their catalog based on what the FDA and the states are actually doing. That is how we run things at vapeshopwholesale.com. No subscription, no minimums, and the mix gets updated as the rules change.
For your top selling categories, we carry the Geek Bar lineup, the Lost Mary collection, RAZ disposables, Off Stamp, Funky Republic, and the full disposable vape category.
What This Means If You Just Vape
If you are an adult who vapes and you are reading this to figure out what changes for you, here is the short version.
The four Glas flavors (Classic Menthol, Fresh Menthol, Gold mango, and Sapphire blueberry) are now the only fruit flavored vapes you can legally buy in the United States with full FDA approval. Every other flavored vape you see in stores is technically not approved, even if it is for sale.
Your favorite disposable might not be available six months from now, or it might be available only through different channels. Brands that survive the next two years are going to be the ones that either get FDA approval, build the kind of age verification tech that Glas built, or move their manufacturing to the United States.
One thing worth knowing. Teen vaping is at a ten year low. The FDA, the CDC, and independent studies all agree on this. That is the data point that gave the Trump administration cover to approve the Glas flavors. Whatever you think of the politics, the case for adult harm reduction got stronger in 2026, not weaker.
What Happens Next
A few things to watch over the rest of this year.
A New FDA Commissioner
President Trump has to pick a new FDA Commissioner. Whoever he picks will set the direction for years. If he picks someone friendly to the vape industry, expect more flavor approvals. If he picks someone tougher, the Glas decision might end up being the high water mark for a while.
More PMTA Approvals
The FDA is now moving on a backlog of applications. They have already said they will decide on the major nicotine pouch applications from Philip Morris, Altria, Reynolds, and Turning Point Brands by December. The same speed up is coming for vapes. Expect more approvals in the second half of 2026.
State PMTA Registries
Several states are about to launch public lists of legal vape products. When those go live, retailers in those states have to stock from the list or face penalties. This is going to reshape what is on shelves much faster than federal action.
The China Question
The $200 million enforcement budget plus the trade negotiations with China are going to put serious pressure on the illegal import pipeline. How much actually changes depends on how aggressive the Trump administration gets. Expect more seizures, more raids, and more state level bans.
Frequently Asked Questions
Did the FDA approve all flavored vapes?
No. The FDA approved only four specific products from one company called Glas. Those four products are Classic Menthol, Fresh Menthol, Gold (mango), and Sapphire (blueberry). Every other fruit, candy, or dessert flavored vape on the market is still not FDA approved.
Why did Marty Makary quit as FDA Commissioner?
According to the New York Times, Makary resigned on May 12, 2026 because he did not want to approve the fruit flavored Glas vapes. He thought it would lead to more kids vaping. The Trump administration pushed the approval through anyway, and Makary stepped down a week later.
Are Geek Bar, Lost Mary, and RAZ vapes legal to sell?
These products are not FDA approved. They are sold widely across the US, but they fall into the roughly 85% of the market that is technically unauthorized. Federal and state enforcement is increasing, and some states are passing laws that will require retailers to stock only authorized products.
How many vape products has the FDA approved in total?
As of May 2026, the FDA has approved 45 ENDS (vape) products for legal sale in the United States. The agency has received over 26 million applications. The full list is at fda.gov/authorizedecigs.
What is a PMTA?
PMTA stands for Premarket Tobacco Product Application. It is the application a vape company has to file with the FDA before they can legally sell a product in the United States. Most vapes sold in the US never went through this process or were rejected.
Who is Bret Koplow?
Dr. Bret Koplow is the acting director of the FDA Center for Tobacco Products. He has been at the FDA since 2011. He signed off on the May 5, 2026 approval of the four Glas products. He has been running the tobacco center since the former director, Brian King, was placed on administrative leave in April 2025.
What makes the Glas vape different?
The Glas device pairs with the user's phone over Bluetooth and requires age verification with a government issued ID. The device stops working if it is separated from the phone, and the app does random face scan check ins. The FDA approved Glas because this technology was shown to keep teens out while still working for adults.
Will more flavored vapes get FDA approval?
Probably yes. The Glas approval set a new path. Any company that can prove their device blocks underage users is now in line for approval. The FDA has signaled it will move faster on applications under the current administration. Expect more flavor approvals in the second half of 2026.
Are disposable vapes going to be banned?
There is no federal ban on disposable vapes. Some states like Indiana have banned Chinese made vapes. Other states are passing laws that would only allow FDA approved products to be sold. Disposables as a category are not going away, but the specific brands available are likely to change a lot over the next two years.
Where can vape shops buy authorized products at wholesale prices?
You can buy authorized vape products at wholesale through licensed distributors. Vape Shop Wholesale at vapeshopwholesale.com sells to both retailers and consumers without requiring a subscription or minimum order to access wholesale pricing.
The Bottom Line
The vape industry just lived through one of the biggest weeks in its history.
The FDA approved its first ever fruit flavor. The FDA Commissioner quit over it. A new acting tobacco director is running the show and has opened a real path for more flavor approvals. The illegal market is huge but enforcement is finally catching up. States are moving faster than the federal government.
Nothing is fully settled. The next FDA Commissioner could change the direction. Court rulings could change the rules. The midterm elections are six months away.
But the direction is clear. Flavored vapes can get approved now if the device can prove it keeps kids out. Enforcement against unauthorized product is getting real. The smart retailers, the smart distributors, and the smart consumers are the ones adjusting their thinking right now.
Disposables are not disappearing. They are getting sorted. The brands that survive the next two years are going to be the ones that read the room. Where your inventory sits, or what you choose to buy, is a decision you are making whether you realize it or not.
Sources Cited in This Article
- FDA press release on Glas authorization, May 5, 2026
- New York Times via NCHR on Makary resignation
- AP / Boston Globe on Makary departure
- Washington Post on first flavored vape approval
- CNBC on FDA flavored vape decision
- STAT News on the politics behind the Glas approval
- Pharmacy Times on the FDA approval details
- PBS / AP on Brian King removal
- Carey letter to USTR on illegal Chinese vapes
- Washington Times on the illegal vape market share
- Tobacco Insider regulatory roundup
- R Street Institute analysis of the Glas decision
- Nicotine Insider on Made in USA vape trend
Vape Shop Wholesale is a US wholesale supplier serving licensed retailers and adult consumers. We do not require subscriptions or minimums to access wholesale pricing. Visit vapeshopwholesale.com to see our current catalog.
