I see your point, but will the FDA? Not likely.
Doesn't make a bit of difference what the FDA thinks. Any competent attorney can make a case in 10 minutes that a regulated power supply is not an electronic cigarette. The way I see it and the way the legal system will see it, only disposables can really be considered electronic cigarettes. They are a single unit which provides power, nicotine liquid and vaporization. All other forms of hardware are just parts.