Unless FDA files an appeal (as it should), it appears to me that Judge Grimm's order will result in:
- a sharp increase of vapor product sales (especially open system vaporizers and 100/120ml bottles of
e-liquid) as vapers stock up before FDA bans their sale (similar to 100 years ago just before alcohol prohibition took effect in the US),
- several dozen PMTAs submitted to FDA by Altria/JUUL (for JUUL), BAT/Reynolds (for Vuse), Imperial/Fontem (for blu) by May 11, 2020 that FDA will actually evaluate (while FDA will immediately reject most/all other PMTAs due to "insufficient information"),
- continued sales of most vapor products at most vape shops (and many convenience stores) for many months (perhaps a year or more) after May 11, 2020, as FDA doesn't have enough staff or budget to identify the million plus nicotine vapor products on the market, send letters to thousands of different manufacturers/importers notifying them of their newly banned products, and then visit and send letters
to tens/hundreds of thousands of retailers notifying them of the many different banned vapor products on their shelves,
- FDA will create/award a new multi billion $$$ nicotine vapor monopoly/cartel to one or several large
tobacco companies in May 2021, which will sharply increase their stock value,
- a new multi faceted $3B - $7B black/gray market for nicotine vapor products (after FDA sends out tens of thousands of letters notifying manufacturers and retailers of the banned products) will quickly emerge nationwide,
- an increase in cigarette sales/consumption (as some vapers will switch back to cigarettes),
- a decline in state vapor tax revenue (as nobody will pay taxes on banned vapor products),
- news reports revealing that CDC/FDA misrepresented NYTS data for years to deceive the public about youth
vaping in order to lobby for FDA regulations that banned/ban their sales to adults, and
- hopefully, Donald Trump will be informed of these ramifications, and will order the FDA Commissioner to repeal the Deeming Rule because it was based upon false and misleading information, and was/is the worst federal regulation imposed by the Obama/Biden administration.
Even if FDA appeals Judge Grimm's order, I suspect a similar scenario (cited above) will occur, but delayed by a year or more.