Yes. In August 2016, the FDA extended its regulatory authority to e-cigarettes through a “presumption rule.”
Through its authority under the Family Smoking Prevention and Tobacco Control Act (FSPTCA), the FDA has the authority to develop regulations that address the manufacture, marketing, and sale of e-cigarettes.
The FDA does not have the authority to implement policies such as including e-cigarettes in smoke-free policies or raising the minimum legal age for sales of these products unless Congress directs it to do so. However, the FSPTCA does not prevent states and communities from including e-cigarettes in smoke-free policies or regulating the sale and distribution of e-cigarettes. Such strategies could include further raising the minimum legal age for sale, licensing retailers, enforcing pricing policies and restricting or banning the sale of tobacco products.