@Lessifer , I was looking at it again and I think FDA has an interesting legal problem with the deeming. Suppose for a moment that it gets in court and it gets to the point were the judges are questioning whether the deeming is within the intended scope of FSPTCA etc. What FSPTCA says is that all current (at that time) products containing
tobacco leaves shall be regulated in a certain way, and leaves the door open to FDA that if they identify a completely new tobacco product (let's say someone starts producing tobacco teabags) they can "deem" them.
Problem is that nicotine and liquid nicotine (which FDA wants to deem) are not a new product. They existed long before FSPTCA and were known to exist to the Congress when they wrote the law. Question arises why Congress didn't include them in the law at that time and it can be construed that it was because it was not their intention to cover them within FSPTCA scope.