No they most definitely will not get right!!! And the reason being is they are able to be lobbyed. And when that started happening, the corporation with the deepest pockets will always has always won!!! See Monsanto, Big Pharma and Big Tobacco wins in the fda to really understand what the hell is going on.
I think all politicians and boards like the usda and fda should have to wear their current sponsors on their jackets like a nascar driver so we know exactly who is owning them at the current moment!!
"Lobbying" is a constitutionally protected activity that falls under the First Amendment. All government employees and elected officials may be approached and communicated with in order for consituents and consituent corporations to have their grievances or desires expressed.
Campaign contributions are also constitutionally protected as a form of free speech, and corporations enjoy the same rights you and I do when it comes to deciding who gets our contributions. That they have so much deeper pockets is something no one can do a thing about without amending our Constitution, and good luck with that. It is what it is.
I don't trust FDA to get it right either, but by the same token I think FDA has yet to get their collective heads around this industry. There's hardware/equipment, and there's e-liquid. They might be able to ban flavored liquids, but all that does is keep you from getting flavors already mixed. PG is not illegal, nor is VG, USP grade liquid nicotine, food grade flavorings and sweeteners.
A caramel apple flavor can be had by ordering all of the ingredients separately from one another and mixing as soon as it gets in your hands.
Good luck enforcing such a ban against cottage shops who extract their own nicotine from tobacco and derive their own flavors.
And the magic "functional equivalent" threshold is met by the fact that e-cig devices have been around in one shape or another since 1987.
We have an interesting year or so ahead. But I think with the resounding victory in
Soterra v FDA, we actually have the upper hand.