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Vapingfly was cited for offering electronic nicotine delivery system (ENDS) products for sale in the United States without required premarket authorization, in violation of the Federal Food, Drug, and Cosmetic Act. The FDA determined that the company's products qualify as tobacco products under expanded jurisdiction that includes all nicotine-containing products regardless of source, and therefore require marketing authorization orders to be legally sold. The company had not obtained the necessary premarket approval before distributing these products to U.S. consumers through their website.