When the FDA lost its Court battle it was allowed to put e-cigs under the category of tobacco products. So of course that means that they will find some way to get all kinds of weird regulations to control them. But here is the interesting thing, this entire ruling is based on the idea that nicotine comes from tobacco, which of course it does. But it doesn't have to.
Eggplants contain the second highest level of nicotine ng/g, following that is spinach, green tomatoes and numerous other common vegetables, tubers and fruits, including the lowly potato.
While it would take far more pounds of eggplant to produce the same amount of nicotine as tobacco, it isn't a totally insane number and organics such as spinach and tomatoes can also be used. Thus, if the nicotine portion of the liquid is not derived from tobacco, then the FDA and therefore the bans can no longer hold up. What, is the government going to try to ban/control everything that contains nicotine? Good luck on that one, because then you are regulating simple, common food products, and not the "evil" tobacco plant.
I would love to see a company come out with a nicotine juice that is not created from tobacco. The FDA, under its present guidelines and regulatory powers could not do anything. The existing bans would be meaningless. And finally, it would be interesting to find out if one can distinguish nicotine derived from an eggplant with nicotine derived from the "horrible, devil weed-tobacco".