I would re-word that to say not only is that fight over, but the "damage has been done."
see below
Yes, the foundation has been laid.
I remember when the ANTZ were banning smoking. At first, we could step outside our office building to have a smoke. Then, they moved that out by a number of feet. Shortly afterwards, it became having to climb over snow banks to get way out to the Siberia of the parking lot, in all kinds of weather, to sit in our cars to have a smoke. Then, it became you had to drive entirely off the premises in order to smoke, often outside of security gates. The ANTZ also advocated against smoking in some apartment complexes and crowded beaches, children’s playgrounds, etc.
All places that the "new" ANTZ are trying to ban vaping in......
Actions have un-anticipated consequences.
Essentially the rabid anti-smoking ANTZ created a problem that is now spilling over in ways they did not anticipate. They forgot to put the brakes back in on that run-away-train that they were on for 20+ years......and now those trains are going to keep moving forward in the same direction........
All that said, bottom line however, is economic. States need the $$ from MSA and cig taxes. Now that the anti-smoking banners have won their war, that money is drying up. Vaping is the most logical (looks like smoking) target for states to go after for the $$ that they need. And that is exactly what is happening.
By the time the FDA gets involved it will only be about minor details like packaging, labeling, etc. Because all the major damage will already have been done at the local state and regional levels with laws.
Later, we can spend a decade or so in the courts, trying to reverse some of the local/regional bans.