The FDA's proposed deeming regs repeatedly states that "components" (but not "accessories") of tobacco products are considered to be "tobacco products", which presumably would require the manufacturers of tobacco product "components" to submit SE or New Tobacco Product applications to the FDA. But I don't think the proposed deeming regulations ever stated that manufacturers of "components" would be required to submit these applications (and have FDA approve them) to keep their components on the market.
Although hundreds of different pipes were sold before February 2007, I don't know think any mods were on the market at that time.
There's still some question as to whether cigalikes were on the (US) market at the time. I believe they were via ebay mostly.
As for components - here's the passage in the deeming doc that defines them:
"Components and parts of tobacco products, but not their related accessories, would also be included in the scope of this proposed rule. Components and parts are included as part of a finished tobacco product or intended for consumer use in the consumption of a tobacco product.
Components and parts that would be covered under this proposal include those items sold separately or as part of kits sold or distributed for consumer use or further manufacturing or included as part of a finished tobacco product.
Some have tried to make the argument that only components that are part of a finished product would be included (and that they would be grandfathered), but that (first underline) doesn't seem to be the case - separate components that will be used (although not part of) in the finished product, are also "components" needing application. And the part before the 'or' (second underline) tends to validate that.
However, they (FDA) are 'asking for comments' regarding these definitions.
"If you believe FDA should define these terms, we seek comment on how to define the categories of components, parts, and accessories. We also ask for comments on whether and how the use of certain components, parts, or accessories might be used to alter the effects of the tobacco product on public health, the constituents delivered by the product, or the potential initiation of new tobacco users."
Here, no-nic users could argue that their 'components' actually 'alter the effects of the tobacco products on public health' to the better. They like to vape and omitting the nicotine may be considered 'good for public health' in that it doesn't 'continue' the addiction or promote 'dual use'.