It would seem to make sense that tobacco and menthol flavours would be immediately allowed, using the (real) tobacco rationale/template, but while menthol is pretty much a direct correlate, tobacco is not - it's as contrived as bananas foster and has no standard.
That leaves us with...
* Completely arbitrary in/out decisions based on flavour name.
* All flavours allowed (potentially tied to the grandfather date, which is an open topic).
or
* No flavours allowed (even menthol is under attack in the tobacco world).
The completely arbitrary decision would open a black market that would be so easy to circumvent and navigate through that it would be pointless to make such a decision. At worse, it would say no such flavors could be sold at a retail shop (and even then likely left entirely up to a state). At best, under this scenario, it does limit the market to a few flavors, but I don't think it would be just tobacco and menthol. I think there would be flavors that opposition would have tough time saying are only manufactured to appeal to kids. If it were 10 flavors allowed, then the black market thing would open up (wide) and it wouldn't be the kind of black market where someone has to go to some shady place to make their purchases.
All flavors allowed with grandfather date does make most sense, but with this, opposition could fight and likely win (in the short term) on the low hanging fruit of flavors that based on title alone appear to be "kiddie flavors." They could argue that those ought not to be grandfathered in. If they did win on this, and did keep it to a select few, it would allow them a foot in the door after the grandfather date to rule out additional flavors that are seeking application approval. Only us die-hard, politically aware vapers would likely realize what was disapproved and then even some of us are likely to be okay throwing those under the bus with idea that there are still millions of other flavors to choose from. But, rest assured, black market would make those banned flavors available for anyone that wants them. And in the long term, I don't see a ban on any flavor being able to stand the test of time, and next generation opinion on the topic.
My latest spin on this topic, which is semi-joking but is in vein of how the heck do you limit tobacco flavor when there are umpteen variations of it, deals with idea of naming flavors with something other than kiddie names. I've actually thought of the name "FDA-Approved" but realize that is begging for trouble. So, instead, I'd go with:
- ANTZ approved tobacco 1 = cotton candy
- ANTZ approved tobacco 2 = bubble gum
and so on and so forth. I honestly would love to see this occur.