E-cigarettes introduced after August 8, 2016 are expected to undergo the FDA review first to be placed on the market. Products that were already available would apply retroactively this year, but the FDA extended the deadline last year until 2022. New product features, formulations or flavors launched after August 8, 2016 may be in violation of the policy of the FDA.
This is the final step in the FDA's crackdown on the use of e-cigarettes by young people, whose officials say they have reached epidemic levels.
Possible actions include reversing the application extension by the FDA and marketing flavored e-cigarettes.
"Companies are up-to-date – the FDA will not allow the distribution of e-cigarettes or other tobacco products to be illegally marketed and outside of the agency's compliance policy, and we will take action quickly when companies comply with the law keep, Commissioner said Scott Gottlieb said in a statement.
Some products may appear to have been introduced after the August deadline. However, they may have been brought on the market, but not available or advertised anywhere.
Manufacturers may also have changed or bought branded e-cigarettes from another company and renamed them and now sell them as new. To clarify these situations, the FDA suggests in its requests that companies provide evidence on the marketing status of their products.
"If products are unlawfully put on the market and outside the FDA compliance policy, we will take action to remove them," Gottlieb said.
A BAT spokesperson in a statement said the company will provide the FDA with the requested information "to demonstrate that we comply". A Japan Tobacco spokeswoman said in a statement: "All of our products have been commercialized and marketed in accordance with FDA requirements" and the company will respond accordingly to the FDA. Imperial Brands did not respond immediately to CNBC's request for comments.
In the past year, the number of high school students using e-cigarettes has skyrocketed by about 75 percent in the last 30 days, according to preliminary data from the annual National Youth Tobacco Survey of the Centers for Disease Control and Prevention.
In response, the FDA has ordered five brands – Juul, British American Tobacco 's Vuse, MarkTen from Altria, Blu E – cigs from Imperial Brands and Japan Tobacco & # 39; s Logic – to submit plans within 60 days explains how they will prevent teenagers from using their products.
WATCH: Juul filed patent complaint against 18 competitors