 Since 2009, the FDA has had the authority to regulate the manufacturer distribution and marketing of tobacco products. This move received praise from Big Tobacco because their products, like the traditional cigarette, were grandfathered in. In 2016, the agency determined that vapes counted as tobacco products. Eventually, this would make it nearly impossible to bring new brands of e-cigarettes to market. So it's created this perverse situation where the most dangerous tobacco products on the market are virtually untouched. And the ones that pretty much everyone agrees are far, far safer are getting taken off the market. Now, manufacturers have to convince the FDA that sale of their products is appropriate for the protection of public health. So far, the agency has determined that just three brands meet the test, all of which contain tobacco-flavored nicotine only, even though a majority of adult vapors prefer flavored options. All the rest, according to the FDA, are marketed unlawfully and subject to enforcement action at the FDA's discretion.