If the device's primary use is for deliver a "new drug" then the device can't be commercialized until the "new drug" is approved, even if the device can be used for deliver legal and approved drugs if the PRIMARY use is for a "new drug" the device is in troubles, maybe is too late to deassociate the device as we know it from the drug, I don't know, but for the FDA the PRIMARY use is for deliver a "new drug" at this moment.
Another way is to make it a tobacco product, but then high taxes need to be payed, there are ways to do this, maybe using a reconstituted tobacco membrane to hold the e-liquid instead of the polymer fill they have now in the cartdriges.
One thing is for sure, eventually e-cigarettes will be regulated, the matter is where is the best place for our interests to put them: FDA, ATF or HPCUS.
but isn't the primary use of the device to vaporize PG?