A little dovetail/regulatory example of how the FDA operates from the post by
@DC2 where he talks about:
"1) FDA approved
drugs
2) Recreational "tobacco" products"
Regulated as a DRUG example: The FDA has already done that! No questions or ambiguity please. For your reading pleasure:
FDA Bans Nicotine Water, Calling It Unapproved Drug
"WASHINGTON -- The Food and Drug Administration
banned bottled water with nicotine before it hit store shelves. The move, which
follows a recent ban on nicotine-laced lollipops, came in response to a request from antismoking groups. The FDA said that Nico Water, made by Quick Test 5, Westlake, Calif., and scheduled to reach stores this month, is a
drug that needs approval before it can be sold.
Source:
FDA Bans Nicotine Water, Calling It Unapproved Drug
It's also worth noting that I don't know of ANY Lab/co-packer/bottler on the face of the planet Earth or Mars who currently ONLY produces zero NIC ejuice or carts. Not to mention that a long term viable business model is a non event if all you sell/create is zero nic. Yes, it's around 20% of the sales but that's hardly enough to warrant a viable long term business model. Even Amazon may get slammed ? since they sell ONLY zero NIC ejuice BUT the manufacturer/company ALSO sells ejuice with NIC. Hard to imagine but IMHO it certainly could happen and I doubt that a PMTA is in the cards for the parties in this case.
The FDA’s “intended or reasonably expected” catch all! Just search the final.
Stay Strong! Fight! Stock Up!