"The reason I stated that an FDA regulation to apply Chapter IX of the FSPTCA to e-cigarettes could ban many/most e-cigarette products (that contain nicotine) is because
Section 910 of the FSPTCA could allow the FDA to ban some/many/most/all e-cigarette products that were not available in the US market before February 15, 2007.
Under the provisions of Section 910, manufacturers/importers (of all tobacco products that weren't on the market prior to February 15, 2007) would need to submit an application to the FDA claiming that the product is "substantially equivalent" to another product that was already on the market prior to 2/15/2007, and the FDA would have sole discretion of determining whether the product is or isn't substantially equivalent to the other e-cigarette product.
Also, Section 911 would prohibit all e-cigarette manufacturers and importers from truthfully claiming that e-cigarettes are less hazardous than cigarettes, as such a claim would render the product as a "modified risk tobacco product". Section 911 requires any company desiring to make a MRTP claim to apply to the FDA to do so, and the FDA must approve the application."
Many other provisions in Chapter IX would basically require every e-cigarette manufacturer and importer to hire a team of lawyers just to comply with the currently pending provisions (as well as comply with regulations approved in the future).
I think that would just mean the smaller juice makers would be eliminated if they can't afford testing. The small shops that sell kits and juice made by other people aren't in much danger of being shut down, they will just have to pay a vending fee won't they? I'm not sure how it works down there. Feel free to enlighten me if you know.