Here's one interesting tidbit added to page 88:
«If no valid predicate exists for electronic cigarette products, then changing the grandfather date would have additional implications for electronic cigarettes. In our analysis of the proposed rule, all electronic cigarette products would be new tobacco products and many would exit the market rather than bear the cost of submitting a premarket tobacco application, which would be required in the absence of a valid predicate product. By contrast, if we change the grandfather date, only electronic cigarette products introduced after the issuance of a final rule would be considered new, and a large number of candidate predicates would exist. We assume that new electronic cigarettes would then be marketed through the substantial equivalence (or exemptions) pathway. We would no longer assume that many electronic cigarette products would exit the market, but instead assume that all electronic cigarette labels would be changed to conform with the requirements of the proposed rule»
This section deals with the alternative of changing the grandfather date for "new products" from the infamous Feb 15, 2007 to «the date this rule is finalized». AFAIK, the specific inclusion of ecigs under this alternative is a completely new addition.
