Wish to add here (and came very close to starting a new thread just for this) that I think it is vapers interests to use Pub controlled Congress to amend FSPTCA. How much it gets amended and all that gets changed is not something I wish to cover in one post. But the part where FDA is getting clear indication that eCigs clearly fall under that Act, ought to be changed explicitly to tell FDA, you can no longer pursue a regulatory framework for eCigs under this Act as we (the newly elected Congress) do not authorize that interpretation. And thus make it clear that FSPTCA has nothing to with eCigs/vaping, as vapor is not smoke, and may not even contain nicotine (a tobacco derived product).
IMO, this is where our advocacy ought to be. It still leaves room for some federal entity to regulate eCigs, but to do so without grouping it together with smoking/smokers and other clearly derived tobacco products.
I think what is more likely to occur, unless we (and CASAA) pushes for what I was just stating, is that we hope for next 2 years that the new Congress doesn't take up FDA proposed regulations. That will work (well) in the short term, but still leaves possibility down the road that a dem controlled Congress can pick things up and run with it as if FSPTCA is good policy for eCigs.
If (new) Congress sets precedent that vaping is not smoking, then local jurisdictions would be challenged to pass vaping bans via smoking bans.
IMO, a bad, but seemingly realistic scenario of 'doing nothing' going forward is Pub led Congress indicates they will never allow it on their watch, but some big issue comes up (i.e. immigration reform) and Dems concede to Pubs on that issue while adding in the 'current proposed regulations for eCigs' on that sort of bill, thus throwing all vapers under the bus, while getting far more significant issue to go the Pubs way. Whereas, if our advocacy goes on offensive right now, then Dems would have to seek another issue to sneak in on concessions they seek to appease the Pub controlled Congress.
