S1403
Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) isn't going to be passed by Congress, nor even the Senate this session. The lefty Democrats sponsoring the bill cannot even get enough votes from other Democrats to get the bill out of the Senate Finance Committee.
But if Obama is reelected, if the Dems take control of the House and keep control of the Senate (after November's election), its possible that the bill (or a modified variation of it) could be approved by the next Congress.
Regarding John Banzhaf at ASH, he retired in December, 2010.
Regarding Internet sales of e-cigarettes, there are currently no federal or state laws (in the US) that ban the internet sale of e-cigarettes.
Private companies, however, have the right to adopt policies that ban e-cigarette sales, advertisements or payments.
If the FDA proposes and then approves a "deeming" regulation (as Obama appointees at the agency have repeatedly stated their intent to do) to apply Chapter IX of the FSPTCA to e-cigarettes and other currently unregulated
tobacco products, it is very likely that e-cigarettes sales via the internet and mail order would be banned. It is unlikely that Obama's FDA will formally propose the "deeming" regulation for e-cigarettes before November's election, but it is likely the agency will do so after the election if Obama is reelected.
If Romney wins the election, there is a very good chance that the FDA either won't propose the "deeming" regulation, and an even better chance that the FDA won't give "final approval" to the deeming regulation if it is proposed.