You are Basically Correct.
Tobacco Products before the Predicate Date are Grandfathered. No PMTA or SE or MRTP needed.
Tobacco Products sold between the Predicate Date and 8-8-16 can continue to be Sold but will require either a PMTA or a SE or a MRTP before 8-8-22.
Tobacco Products that were Not Sold before 8-8-16 Can Not be Sold until either a PMTA or a SE or a MRTP is approved by the FDA and a Market Order is Issued.
Where things start to get Fuzzy is what Tobacco Products the FDA chooses to Enforce.
An e-liquid that contains Nicotine derived from Tobacco is (by the FDA and the Courts) a Tobacco Product. But 0mg may be considered a Tobacco Product by the FDA under "Intended Use".
Same with Hardware. A Disposable "Pen" is a Tobacco Product, or a Prefilled Cartridge, or a Kit that includes an e-liquids that contain Nicotine. But what about an RTA or a RDA that is sold by itself? Once again, the FDA could apply "Intended Use" to it.
JMO. But now that the FDA has Judge Jackson's Ruling, I think the FDA is going to do Enforcement on Post 8-8-16 e-liquids that contain Nicotine. Or any Post 8-8-16 products/kits that contain e-Liquids that contain Nicotine. And are going to Apply "Intended Use" on hardware selectively.
A Individual buying the Latest RTA from FT might not see it being Seized by Customs. But a US Retailer buying a Create Full of Post 8-8-16 products might. And US Retailers might start receiving FDA Letters warning them about Selling Post 8-8-16 products.
It's all Hard to Say?
Especially with the New FDA Commissionaire doing a Complete 180 from the previous FDA regarding e-Cigarettes and THR.
Nice summary. Well said.