We will see a lot of stores closing probably, B&M and online, but the bigger fish will stick till the end or things get sorted.
So now, under the FDA regulations, we can produce e-juice and devices made from components that are not made from tobacco but we have to label them as "made from tobacco" in violation of the consumer product labeling laws. This is how the FDA can regulate, and criminalize them. If e-juice, and device manufactures, have to break the law to follow the law then the law is broken.
As I see it, the act of applying for FDA approval is the final determining factor that will make your e-liquid or device a tobacco product. If your product does not contain nicotine, is not made from tobacco, and has any use other than to be used as a nicotine delivery system then the simple act of applying for FDA approval will make it a tobacco product under these regulations. Applying for FDA approval is how YOU say that this IS a tobacco product. Think of it this way. If you sell someone powdered sugar and say it is c*caine then you will be charged with selling c*caine. If you sell the same powdered sugar and call it powdered sugar then you cannot be charged with a drug violation if it is powdered sugar.
Someone, in the end, will have to face a jury to prove that what they produce is not a tobacco product. Computer software is everywhere. Batteries, coils, and cigarette lighters are in most cars. Pyrex glass can be found in almost any kitchen. The thermostat in my house is a temperature control device that regulates the electricity provided to the coils that generate heat for my home. Tobacco is grown using soil, water, and the sun. Is the sun, by providing solar energy, an electronic nicotine devilry system? Under the FDA regulations it can be assumed that the sun is expected to be used to provide nicotine to the public. How far can these regulations go?