Is eliquid a tobacco product?
E-liquid has been classified as a tobacco product in that the nicotine comes from tobacco.
Right now, NO, eliquid is NOT considered by the FDA as a "tobacco product". This is what they are "deeming" in October.
I can't seem to find any resource stating if and/or how nicotine, in its pure form, is currently regulated. If you know of one that matter-of-factly states it, I'd be interested in seeing it. One would logically assume that it would be regulated as a tobacco product since its primary means of production is from tobacco - but tobacco is not the only thing that has nicotine in it. Everything I've read says that it is considered a drug, (or simply watched as a poison / harmful chemical)? ...I don't know. Either way, it is currently legal to purchase and own nicotine, even in it's pure form.
Beyond that, regulation of nicotine-containing products have a line drawn down the middle ...those with tobacco - cigarettes, cigars, smokeless tobaccos, etc - all either are, or potentially can/will be, regulated under the Family Smoking Prevention and Tobacco Control Act ...and those without tobacco, currently coined Nicotine Replacement Therapy - gums, patches, lozenges, etc - are regulated as drugs.
Here is where I get kind of confused. Logically, I see e-cigarettes and ejuices firmly in the latter category ...but the FDA tried to have them determined as such and was shot down in Federal court. At the time, however, non-tobacco nicotine products were termed "smoking cessation therapies" ...which is why the e-cigarette world seemingly did a full on back-pedal about being a 'smoking cessation' device a few years ago? This makes sense because they didn't want to be classified as a drug which would require you to have a prescription or, at the very least, the only place you could get e-cigarettes would be a pharmacy. So, now, we are where we are at - because the community didn't want to be classified as a drug, we are potentially going to be lumped-in and regulated under the FSPTCA as a "tobacco product". It's one or the other. Pretty much a classic situation of "damned if you do, damned if you don't".
Am I understanding this correctly? They could possibly ban the sale of flavored eliquid but not plain eliquid??
It's not only possible ...I would say it's highly likely that's exactly what is going to happen at a minimum.
The FDA has got to know that that won't work. Vendors would merely start packaging the plain eliquid in a separate bottle from the flavoring and then sell them as a package deal.
True, but there has been talk that the FDA may further regulate the production and quality control process of ejuices themselves ...and, then, of course, they are going to tax the beejesus out of it. Not necessarily a bad thing, in my opinion, depending on how far they go, but it's going to change the landscape of ejuice production - smaller mom & pops won't be able to afford/meet the requirements and will go out of business. In this scenario, you can likely see ejuice prices increase 10x ...would you still continue vaping if your ejuice ends up costing $30 for a 10ml bottle? ...how about $50?