I highly doubt that the FDA would even attempt to ban ENDS (Their term for ecigs). As mentioned it would result in at least some backlash and likely many lawsuits. BUT, they do NOT have to ban it to destroy the industry. All they have to do is make the approval process so long and costly that no company can afford to do it. Which they already have with the original deeming regs, all they have to do is start enforcing it. They also do not have to approve any applications. Either way the result is the same as ban but less likely to invite lawsuits and much harder to defeat in a lawsuit should one actually be brought.
Since Day 1, I have said that I Don't Think the FDA wants to Ban e-Cigarettes. I still hold that Belief.
And I have said Many Times that it Isn't the Banning of e-Cigarettes, It's the Banning of who is Allowed to Produce and Make Profits via the e-Cigarette Market.
The FDA/Government wants a handful of Players who control the Entire Market.
It Simplifies the Administrative Burden of Regulation.
It Centralizes the Distribution of Profits/Campaign Monies.
And it Maintains a Vehicle for Taxation. Both at the Federal and State Level.
There is going to be e-Cigarettes. They are just going to Look all like a Vuse or a Pod mod.
And the Number of Companies that produce them will be able to be Counted on One Hand. Just like e-liquids.