Made it all the way to p. 14 before I was compelled to respond. Lots to say, will do my best to keep it short. Probably going to be saying a lot on this over next few days to weeks.
For the TL;DR crowd, you can jump to the end where I sum all of what this wall of text is saying.
CASAA position makes most sense to me. It is not a time to panic. Nothing from consumer perspective will be changing for the next 30 days. So if you are prone to panic, then stock up now.
I see what little I've read of the Final Rule as 'worst case scenario.'
While I think it sucks in its overreach, I am a (surprisingly) humored by it. I think they (Feds, and/or anyone thinking this is for sure enforceable) will lose. Lose very bad. I will rejoice each time they lose. If some officer or whatever is hurt while acting on behalf of the 'war against vaping' (read as enforcement), I will rejoice. Sorry if that rubs some the wrong way, but it is how I am with regards to all things prohibition. You call for war on something, I hope you get hurt by it. I will not be supporting your efforts, even in spirit. You deserve resistance, and if that causes injury in the process, then perhaps time to rethink the policy. When the inevitable time comes to revisit what is clearly an overreaching policy, it will be hilarious how idiotic and wrong anyone who thought enforcement stood a chance. It doesn't.
From consumer perspective, this Rule for sure affects us, but is clearly not aimed at us. It's meant to diminish supply side. So, I think of it as best interest for politically aware consumers to make it well known that we intend on purchasing through underground / illegal / black markets. Broadcasting that. I think many will not wish to do that in a world where everything you say or do can be tracked, but the more this type of message is out there, the more likely they (Feds) are to rethink the policy before an otherwise useless war occurs. I see the otherwise useless war occurring, and is part of the reason I don't see reason to panic. Unless this is the first product in human history that you won't be able to find on the underground market, I think consumers are going to do well in the emerging market that the FDA is CLEARLY RESPONSIBLE FOR co-creating. Once you, as consumer are active on that market, I'd suggest not being too vocal about things, but at same time, realizing that you are now engaged in market that is at war with a federal policy that came into effect on May 5th, 2016. The more we consumers have to stay on the down low to navigate that underground market effectively, the more likely the war will be seemingly hidden. Yet, stats will be kept and I think they'll show usage either remains the same or grows due to all the hideous lies the Feds will attempt to pass off as fact, but are determined to be propaganda.
While I am not panicked (I'm really not), I am very disappointed. And will be seeking guidance from likes of CASAA of how to proceed in ways that I think will help us to fight back. For most part, I think the high emotional stuff we are experiencing now will blow over, but I think the general dismay will continue for as long as FDA's final rule is seen as supreme (legal/political) authority on eCig use in America, or the free world.
I can't help but understand this as a political issue. I thought they'd wait till after the February/March/April national political stuff and sure enough they did. I don't think that timing is coincidental. I also think Hillary winning in 2016 would contribute to the war against vaping. I'm not sure where the Donald stands on vaping, but would agree with anyone thinking he is possibly not pro-vaping. I do think he'll be better than Hillary, but that's not saying much. IMO, it would be really nice if we consumers could find out where he stands, but also possible his campaign rhetoric won't match what he would actually do if he were to be come POTUS. I really do not think it would be worse than if Hillary won. Plus, I think a Trump victory would impact SCOTUS and that vaping legal fight might get to that point.
Because it is a POTUS election year, I do think it matters more than contacting Congress. Not that I'm 100% on this, but same Pub controlled Congress has had ample opportunity to nip this issue in the bud and so not sure what we expect them to do now...other than to fast track the Cole bill. Which as
@Kent C noted is item Obama has to sign off on, which goes back to how important it is that this is a POTUS election year.
I realize some vapers who lean left don't want to hear the issue framed in this manner, but sorry, I know of no other way to get at the crux of the political nonsense FDA is floating out there without bringing this up. Dems will seek to screw us as much as FDA is, and Pubs will probably do it less. Remote possibility that Pubs could save us from the Dem voodoo that is trying to tie FSPTCA to vaping politics, and right about now looks like it is succeeding.
But, I think other than the whole black market aspect which I now see as inevitable, that the legal fight is our best collective hope. The Trump factor is a bit of wishful thinking, but all things POTUS strike me as wishful thinking. The legal fight is mainly for vendors/manufacturers to help supply side not go out of business or lose to what will be having to compete with underground market that magically doesn't have to pay any taxes. At all. The legal fight can change all of this really fast, but tends to move so slow that it might be a good 24 months from now that anything actually occurs. Well after President Trump has weighed in on the issue.
From what little I read on the Final Rule, the FDA came off to me as desperately trying to justify its legal authority, making all sort of bold claims. I hope a good legal team takes them to task and mops the courtroom floors with their bureaucratic heads. I much prefer the Feds lose the legal battle than see a war being waged with enforcement agents losing (respect, lives), but FDA has drawn the line in the sand and the wheels of legal justice will probably move slower than the wheels of FDA / anti-tobacco people seeking to diminish supply/suppliers.
To sum all this up:
- CASAA is right - don't panic
- as a consumer, I'd advocate all consumers right now be very vocal about the idea that you will be seeking a black market for your products and that you look forward to not paying taxes on products
- vote for Trump, or at least be part of the politically aware people that tries to discern where he stands with regards to vaping rights
- hope for the best in the legal fight, realize the FDA is overreaching and does appear quite desperate in their legal rhetoric meant to justify their Final Rule
... and a slew of El Chapos 
