The FDA is in limbo right now because of the election year and other internal issues. I'm sure at this point they're just trying to see what "can throw at the wall and get to stick..." (Ruby Roo).
I don't think the FDA understands just how overreaching this is, and moreover, the combined and constant bombardment from cigar, loose tobacco, and vape communities should help sway the new regulations. *fingers cossed*
I hate to tell you this but unless something can be accomplished in the courts or through congress, that's it, the regs are set, filed yesterday.