The FDA does not approve things, unless they are submitted for approval. However, they ban things, for protection, when shady manufactures bring certain dangerous items to mass-production consumer markets.
Don't get me wrong, I am all for FDA approval. However, going after the FDA is like winning lotto.
You need to go after the manufacture, and let them know there is a strong "American desire for the product, which requires FDA approval."
To date, I have not heard of any company holding submission for FDA approval. As if they did, they would publicize that they are pending FDA approval.
To submit the product for approval requires more than just sending the product. You need to include the use of the product, as that will be part of the FDA approval.
EG... (SAMPLE FDA APPROVAL)
The FDA approves this product for use as directed.
Directions: *One single dose (Mouth-full), of no more than 32mg nicotine per five minutes, for no longer than 20 doses within an hour period.
*Dose based on 180 lb individual who previously smoked 1 pack (20 cigarettes) a day. This dose-level is not intended as a prescription, but provided as a limit of use, which is not to be exceeded by any individual.
Precautions: The FDA has cited that nicotine may be addictive at levels over 300mg of consumption per day. The FDA has also cited that nicotine levels over 600mg of consumption by a 150 lb individual, may be toxic or poisonous. The FDA has also cited that nicotine may cause some birth-defects, and should not be used during breastfeeding or while pregnant. Consult a doctor if you find that any symptoms which may be related to addiction or health. Discontinue use if any problems persist beyond one week.
This product is not intended as a quitting aide, safe cigarette, for use by a minor under 18, or for casual first-time use. This device is only to be used as an oral-flavor delivery device, or for an alternative supplement for those who can not use ignition/flame based delivery devices for vaporized liquids. (Not all liquids contain nicotine, and may contain other chemicals for flavor or effect or longevity, and may not be consumed by the lungs.)
__________________________________________
End of sample...
That is what the FDA wants. You can tell them it is a potpourri device, like a glade-plug-in room scent device. (But you could not market it as a device which goes into your mouth, to inhale.) And that would pass FDA approval... For that use.
EG,...
My tattoo inks are FDA approved... (The only ink with FDA approval.)
However, the FDA has only approved them for fish and game, wild-life. (EG, for tagging animals as a form of identification.)
However, the FDA did not show any significant ill-effects, with the approved use, on those animals.
Technically... You/we are all proof, or part of the approval process. If you report to a doctor, and have it documented that you use this product, and have, of yet, not had any ill-effects. (Recording your use, does, weight, build... etc...)
I would do that any-ways... just in-case ten years from now... or five... there IS some issue. You need to prove that you were sold the device before FDA notice. (Of all the smokers, only those before any published FDA warnings got money from cigarette settlements. The same thing will happen here. There will be issues, there always is. Record it, while it is still possible.)
Vaporizers are nothing new, an neither are any of these home and consumer recipes. However, now they are becoming casual and popular. The BAN is to stop it from becoming a full epidemic, if it does lead to something bad. The company will not pay for billions in damages, which will leave everyone suffering, or the government paying the bill. The USA does not like it when foreign companies use us as guinea pigs. (Not when 23 other countries have flat-out banned the devices. Though I suspect that is because similar issues.)
