I do believe we have agencies and regulations that no longer serve the purpose for which they were created. I also fully understand why they grow like weeds. Put a regulation/law/standard in place and people will try to find loopholes. Businesses look for loopholes to improve their profits. People look for loopholes to increase their benefit or decrease their cost. Someone finds something that wasn't covered and they file suit, and so on. As a society, we seem to have lost the notion of checks and balances, at every level.Sometimes the need is only temporary. Once an agency is in place, once the need is over, it then has to come up with a reason to keep going. That's when we get into trouble.
Government is too big.
We like to think that before the deeming, vaping was "regulated" by the market, and it was, to some extent. The niche/artisan market was/is very responsive to public opinion within the vaping community. However, we also had the vaping products(BT and the predatory cigalike companies) that any "real vaper" wouldn't touch, but that have still grown to have the majority of market share.
Of those possible 12.3 million vapers, 50% or more buy their products at convenience stores are gas stations, many of them BT products, and they either don't know or don't care about the issues that vaping faces.