It won’t be, as I understand it flavored tobacco products were already banned a few years ago. Vapes exploited a loophole because they use non-tobacco derived nicotine. However, the 2022 spending bill slipped in a line explicitly giving the FDA jurisdiction over all types of nicotine.
On one hand, this is probably best for keeping children from getting hooked to nicotine. On the other, I did really used to enjoy nicotine, but not tobacco… so I’m a bit sad they’re gone. I completely quit successfully almost a year ago, but I still kinda miss it. Anyway, I digress.
There’s a lot of things the FDA or other bureaucratic bodies have the ability to regulate without explicit instruction. One example of this working well was the research chemical craze about a decade ago. There were all sorts of synthetic THC, hallucinogens, and the like going around because you could order them off the internet cheaply and legitimately. When 1 was banned, the chemical formula was mildly tweaked and another chemical with similar effects was sold in its place. Obviously, this was incredibly dangerous.
The Synthetic Drug Abuse Prevention Act of 2012 was passed creating a list of synthetic drugs that were scheduled and that regulators could update quickly without congress when new similar drugs appeared in the markets.
It’s not perfect, and you can still get some if you’re quick enough to get them before they’re added to the list. However, as someone who was in college for the peak of the research chemical phase, the extra barrier to entry had a massive impact and instant on their use and availability in youths.