Ok.  Putting aside the legal avenues for the moment, why can't the e-cig  industry and distributors make a SIMPLE change?  Let me explain.
The  whole notion of the e-cig is to replace tobacco products with what is, OBVIOUS  to anyone with an IQ greater than a politician (i.e. the rest of us), healthier  and safer than smoking AND NRT's both.  In my opinion, this is the wrong  approach for distributors\suppliers\mfrs at this point in the game.  
Let  us for a moment also put aside the 
juice itself.  I will come back to this  later.
Now, we are left with a simple device that can be easily described  as a personal vaporizer.  Nothing less, nothing more.  I can vaporize water with  caffeine, food flavoring or whatever I choose that the FDA has no business in  regulating.
What everyone is forgetting is that the "nicotine delivery  devices" that the FDA have mainly dealt with were not componentized as the e-cig  is.  Gum, the Patch and Chantix are all or nothing "devices".  However, couldn't  you sell Trident gum from one supplier and nicotine extract from another and put  together your own concoction?  If you think about it, that is what we are doing  with e-cigs, aren't we?   You are taking 2 components, the vaporizing device and  
juice and putting them together yourself.  If the device itself is to be  considered a NDD, then shouldn't also a spoon and lighter? (4 u  crackheads..lol)
Maybe the overall term e-cigarette needs to be nixed in  favor of PV and I mean COMPLETELY (sites, sales ads, etc..)!  The marketing is  easy considering the subculture slang and history already behind it.  It  wouldn't take much for the public to catch on and realize this is a much safer  alternative.
Once you remove the legal association between the device  itself and nicotine, then the FDA has no leg to stand on AFAIK.  Then, the Juice  is the only concern, which from what I understand the FDA has no regulatory  authority over nicotine as it is.
This is only a short note on the topic  and I'm not so naive as to ignore the mfrs ROI issues (juice being the ongoing  concern economically, in addition to parts) or the additional battles as they  pertain to the juice itself.  And I also recognize that this isn't a fullproof solution, or the final solution for that matter.  However, I hope that some begin to realize that  the e-cig label approach may not have been the best way to start a truly life  saving product as this.  If the FDA and the Lawmakers can play word games and fudge the science, then why can't we?
Finally, when the support and the understanding is strong enough, then we fight the big battle of the "e-cig" package later.
I'm not a lawyer or an activist, but rather someone who just gets fed up with the govt railroading issues like this and people simply throwing their hands up and saying "Oh well, what do you expect?  That's the govt."
Expect it or not, but NEVER ACCEPT IT!
Of course, I could be wrong.
Ken