With no public support, no attempt to educate people who don't vape on why vaping is better than smoking and easier to quit tobacco, no media campaign, etc..........the pro-vaping side will pick items they believe they can win and try to fight those things in court.
My thing is that I don't see anything they (being the FDA) can win on. Not in reality.
They can write on paper that it is illegal for minors to buy/use eCigs. They can have most adults (vapers and non-vapers) go along with this. Like 99% are agreeing and 1% (like me, who oppose that). Kids are going to vape. Hence, policy will not visibly work, and thus kids will continue to be the scapegoat to do think more must be done.
And if they can't win on this one where there is a 99-1 split on public opinion, there isn't another item in proposal that one can name that they will win on in reality. Or if they do, it'll be trivial, like the vending machine one. I honestly know of no vaper anywhere that's bought product from a vending machine. May as well tell the vaping community that from now on, you will not be able to buy eCigs on the moon.
Vaping is here to stay. Don't rest on your laurels cause usage bans are popping up. So while vaping is here to stay, public opinion is such that your friends and family could suddenly be people that are saying "I don't want that cancerous / dangerous activity done around me. Take it outside. At least 10 feet from the door. Where you belong." That's what I see us being up against in reality, even while that is 'just getting started.' Fueled by fellow vapers who are very eager to compromise on that. Maybe if we stop doing it indoors that will be the end of that issue. Yeah, think again.
If we were to compromise on everything in FDA proposal, and somehow that compromise is in full effect, there'll still be people on both extremes fighting tooth and nail to get more of what they want. Indefinitely fighting. That to me is a given. If vapers got everything they want right now, there'll be people (more than 50 people) who will be seeking to undermine that forever. Waiting for day when their guy, or gal, gets into office and can then reverse the 'ugly trend that is free reign on vaping.' Just as we may do if FDA should try to go the disaster route. 20 years ago, if you would've said such and such will one day be legal in 2 states in the U.S., I would've said you must not understand politics or realize there is a declared war on this thing you are speaking about. Yet, here we are where tide is turning. And here in information age, tides turn a lot faster (back and forth) than they did just 10 years ago. So, vaping may go really dark, really soon. And 5 year later, be deemed a mistake that we just made 5 years ago, now that people have really reviewed the science and see how utterly foolish black market is for all people, including youth.