it's why we've seen companies releasing plastic tanks with integrated coils and a 510 connection with the hope that might get through. Nothing to tamper with. Add it to mod/"batteries", as seem to be the way the FDA looks at the mod, will be a sealed battery of whatever chemistry that is not user accessible. Round that out by how you can show performance safety of a given plastic tank with a given mod any user selects to buy, without using the mod you designed the tank to work with, regardless of a "standard" 510 connection.
But the onus is now to show not only the tanks are safe, but how you can assure what will go in them that will perform according to specs, not just intrinsic to the tank/coil, like temperature, but the burden of how they can control what the end user places IN the tank. That's an impossible obstacle right there.
Next step is for a juice manufacturer to file a PMTA which may encompass different nic concentrations without a separate application for each (yay!), but even if made off the master ingredient list, if nothing will approved that can be user filled, legitimately, not a hack of a pod, why make it?
Each individual product class review sounds almost reasonable and achievable (albeit expensively), until you realize none will work together for a seamless user experience. You can't provide data on an emission if you don't know what liquids are approved, and you're not getting a liquid approved when you don't even know if there will be anything approved to fill it with. It's a classic government catch 22. Sure, you can litigate it all over again, but now you're going up against a public increasingly battered with negative media and photos of kids on ventilators holding up signs saying "Don't Vape". The court of public opinion does affect the court of judiciary despite any claims of blindness to influence beyond the law. And vape businesses pockets are running low on funding endless lawsuits and injunctions. In the absence of a major infusion of money solely for litigation and PR and lobbyists, the vaping industry has already put up a good fight and run through most of its war chest. I can't see a practical realistic path around it no matter how creative the ideas may be.
The biggest obstacle remains the FDA deeming regs. But as the states shut down business after business with ridiculous emergency executive decrees, who's left to challenge the deeming regs too? I don't think anyone saw the individual state actions as becoming so aggressive, and all efforts were directed on the federal level. But the state orders are creating a situation where the FDA's job come May will be pretty simple as no one is left to argue with it.
