From everything I've read on the regs, mostly translated by Legalese translators, software updates (to bug fix) are not considered a tobacco product.
Anything that changes how a vape device works, acts, behaves, smells, tastes, etc...is considered a tobacco product.
Update to make it run more smoothly, or be more safer? Tobacco product.
New drip tip for cooler vape? Tobacco product.
New top cap that doesn't even change the capacity or juice flow performance, or flavor, but is different from the stock cap? Tobacco product.
Plastic tank to swap out exact same dimension glass tank? Tobacco product.
See what I'm getting at here?
Now, it's hard to tell how far that extends, because...the USB cable that I plug into my Radius, for charging and updating...is a tobacco product? Sounds like it.
Hell, it even reads like a new color of the same exact device needs a PMTA.
The only things that sounds like they have any iota of safety, ironically, are:
Wick
Wire
Batteries
Chargers
Food grade flavorings (although sin taxes may spike dramatically.)
PG/VG (although sin taxes may spike dramatically.)
Even if we wanna pretend that Big Tobacco, Big Pharma, and Big Gov don't have anything to do with the FDA's hogwash...from the FDA's standpoint, the vape industry is like the Wild Wild West.
Granted, before these regs came to light, many companies and sectors of our industry had already been self-regulating. But in their quest to protect us from ourselves, the FDA was having a heart attack.
Of course, we all know this is a desperate power/money grab by the three Big's.
vaping takes away smokers, so BT loses money.
BT loses smokers, less people sick, BP loses money.
BT & BP lose money, BG's pockets aren't lined as fully.
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Ironically, vaping was directly hurting our government, because our government actually RUNS (at least partially) on corrupt monies!
Our sinister politicians are incentivized by the (not-so) secret monies they get from BT & BP lobbyists and other underhanded means related to those two.
And don't get me wrong...I see what a brilliant "population control tool" smoking is. I am a 100% believer that our government is willing to let people die of 100% avoidable causes, just to maintain population. It's a dark ugly truth that too many sheep in the pen leads to supply shortages... Sometimes a shepherd will "let" the predators grab a few sheep...
Heck, there are timber wolf packs that manage elk and deer herds, all on their own. By picking off the weak and sick, they keep the herd healthy, and keep the number of mouths to feed low enough that the herd can sustain itself.
Dark truths, and necessary evils.
It's all circling the drain, and another billion lives will have to die before the world wakes up and realized that they were wrong.
But if another billion lives are saved/added, our planet may not be able to sustain us much longer.