First, let me preface this by saying I'm not a lawyer. I do work for lawyers, though. I think Judge Leon's preliminary decision might help moving forward as a precedent. He basically made a mockery of the circular reasoning of the FDA to regulate e-cigs as a drug delivery device, which hopefully means either the FDA will abandon that line of reasoning, or if a new judge is on the case that he will read up on the earlier decision and ignore that line of reasoning.
In my opinion, this will still probably end with the e-cig market being regulated as a tobacco product, which will almost certainly mean additional taxes and possibly bans on flavors. However, the FDA has only banned flavored *cigarettes*. Other tobacco products are still allowed to be flavored. We'll have to see how it plays out.