Not really. I mean, they can write whatever regulation but such regulation may not be enforceable. Nicotine is not a scheduled drug. Thus, they can't really regulate it as such. The point you made above about having no stated use is exactly how to approach it. That's what the FDA does have jurisdiction over -substances and devices intended for the treatment and diagnoses of diseases, as well as food safety. Vape hardware will likely have to have a label like supplements do: not intended to treat any disease. ejuice manufacturers will likely have to move to food production standards. Nicotine will likely still be sold as it always has been, just not labeled as a "smoking cessation aid." Any and all advertising making claims as to smoking cessation or health claims of any kind will have to be changed. That's the real problem here.
The big things I expect to see are 1)disclaimers, 2)advertising regulations, 3)ban on minor sales. I don't think we will see an outright ban on all vape gear; no "vapocalypse".But anything outside of those three things should be fought tooth and nail.
I think the vape industry also needs to voluntarily 1)back away from making specific health claims 2)focus on safety in hardware and liquid, and 3)Market vaping as something on its own entirely separate from smoking. It is a fundamentally different activity.
All good Points. Except for the Part about Nicotine being Sold as it Always has.
Nicotine is the Head of the Snake. If Nicotine is Sold in Pre-Filled, Closed System Cartridges, it isn't banning it.
But it is gonna be Kinda Hard to do DIY if you have to Cut Open a Bunch of Pre-Filled Carto, and then Squeeze out the 12mg/ml "juice" inside them.