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Apex Vape, Inc was cited for offering electronic nicotine delivery system (ENDS) products for sale through its website without required premarket authorization from the FDA. The company's products, which contain nicotine and fall under FDA jurisdiction as tobacco products, were found to be in violation of the Federal Food, Drug, and Cosmetic Act because they lacked the legally required marketing authorization orders for new tobacco products. This enforcement action reflects FDA's expanded authority over all nicotine-containing products regardless of nicotine source, which took effect following legislation signed in March 2022.