http://www.huffingtonpost.com/lynn-t...b_4550443.html authored by Lynn Kozlowski, who's the Dean of the School of Public Health and Health Professions at SUNY Buff. (Those of you who are keeping track of the credentialed experts on our side can add his name to that of Micheal Siegal.)
I was intrigued by:Which lead me to: Overview of the Family Smoking Prevention and Tobacco Control Act: Consumer fact Sheet and then to Section 907 of the Federal Food, Drug, and Cosmetic Act - Tobacco Product Standards (sec. 907 of the FDCA, the Food Drug and Cosmetic Act):The FDA is prevented by its rules from making any changes in cigarettes that would create a contraband market in cigarettes, just as it is prevented from banning cigarettes.
Right now, it's not clear to me exactly what this means in the context of e-liquid restrictions, but it does suggest to me that the FDA doesn't have the authority to ban interstate sales of vaping hardware.The Secretary shall consider all other information submitted in connection with a proposed standard, including information concerning the countervailing effects of the tobacco product standard on the health of adolescent tobacco users, adult tobacco users, or nontobacco users, such as the creation of a significant demand for contraband or other tobacco products that do not meet the requirements of this chapter and the significance of such demand. [color and boldface added]
(That said, I think sometimes there's an understandable tendency to obsess over the FDA, since they once tried to ban PVDs. Congress, of course, can probably do whatever it likes.)