Yesterday's announcement by the FDA is without any doubt the most important victory in the world for e-cigarettes, e-liquid, vendors, consumers, smokers and tobacco harm reduction.
It was also a humiliating defeat for tobacco/nicotine prohibitionists, drug companies, and cigarettes.
So I don't understand the many doom and gloom postings.
It will be at least several months before the FDA proposes any regulations for e-cigarettes (and all other currently unregulated tobacco products), and the process is likely to take one or two years (before any regulations are approved). There will be many opportunities to participate in the process (hearings & public comments), and the burden of proof is on the FDA to demonstrate that any proposed regulation will benefit public health before it can be approved.
Since there is no evidence that e-cigarettes have harmed any users, since there is no evidence that youth use the products, since there is lots of evidence that e-cigarettes are less hazardous than cigarettes, and since there is lots of evidence that e-cigarettes have helped many smokers quit or reduce cigarette consumption, it will be very difficult for the FDA to impose unwarranted regulations.
In the mean time, it's GAME ON, as e-cigarettes can now be truthfully marketed as far less hazardous smokefree alternatives to cigarettes (as the modified risk provision and all other Chapter IX regulations in the FSPTCA don't apply to e-cigarettes).
If e-cigarette sales/consumption continues to double, triple, quadruple in the next year (as I suspect it will), we'll have even more folks to advocate against unwarranted regulations, against state/local sales ban proposals, and against state/local usage restrictions.
We're now in the driver's seat, while FDA/CTFK/ACS/AHA/ALA/ALF and the drug companies are devastated and licking their wounds.