(ed. - posted simultaneously with Kent, and not as succinctly. I often disagree with you, Kent, but yeah. And there are the courts, I use "law" too narrowly here. )
Just some thoughts.
1. I'm not persuaded that d & a-free e-liquid is bland or distasteful. The vendor that I use is quite popular; I may be mistaken but I'd think that he's running a pretty booming business. He says that he lab-tests his large line of products for those substances, which he discusses soberly and at length on his site. Either he's a dreadful liar/hopelessly incompetent or he's telling the truth.
If the latter is true, then it's simply not true that d&a liquids are unpalatable or that independent testing is unmanageably burdensome for small businesses. (That should not be equated with the deliberately burdensome testing proposed by the FDA - it's apparently a bit difficult to keep these issues distinct).
Of course, though I hate to think so, the former could be true. It'd be helpful, and surely good for business, for truly conscientious vendors to offer to supply copies of lab certs to interested consumers. Which leads to:
2. As I see it, at bottom line, there's no way for this to be actually regulated except by federal law, and that involves all sorts of odious variables that not very many of us want to accidentally support. We seem to be talking as if without that we can somehow require vendors to be transparent, honest and concerned about health issues enough to embrace the inconvenience and expense of testing without that involving regulatory oversight. A lot of this conversation is about whether or not we should do that, and why or why not, but without force of law (see, FDA), which we don't want, we simply can't.
What we CAN do is what informed consumers do all the time. We can disseminate whatever information we think important (and we won't agree on that), and those of us who want to be reassured that our e-liquids be d&a free can press vendors to test, and to provide consumers with lab-certified results of that testing. We can be insistent, informed consumers.
If there's not enough of a market for them, then 'a&d clean' e-liquids will be a niche product or disappear, as there's no incentive for vendors to comply with the wishes of a very few. (Given the number of vendors that brag that their liquids are "organic", "natural", "kosher", etc.,and create some competitive market with those meaningless health claims, perhaps headlining another [and actually valid] health-related product improvement will catch on. That's worked extremely well in the food market.)
God I'm parenthetical. Sigh.
I hate to say it, but I think that anyone who wants d&a removed from all e-liquid, as an avoidable risk, which is to my mind a respectable position, has to come to terms with the means by which that can actually be accomplished. It's actually dishonest to say, "I don't want FDA regulation of ecigs" and "I want vendors to be required to remove this dangerous ingredient from their products." The only regulatory body in town is the FDA.
Pick your poison. Sometimes the world sucks.