The big difference is that the ATF was not involved in enforcing the banning of bongs or dildos. They're notorious for their rigid interpretation and implementation of the law.
To see how they will enforce this law all we have to do is look at how they enforced the PACT act prior to recent amendments adding vapes. Seeing how strongly they have cracked down on bootleg cigarettes, I dont think things will be too different in this case.
Texas police literally raided households and arrested people over dildos until they started claiming them as art pieces in defense. During raids dildos would also be used to increase the number of charges and then enforcement became spotty. The point is, that there's always a way around it, and the DEA isn't particularly lenient. In some states you could have bongs, so long as water had never been inside (that was considered the line between art and paraphernalia). Even if it was bone dry, it was the cop's choice to take it and get it tested for resin anyway, and cops were quite fond of that choice.
I agree, one other important difference is the vape/tobacco industry is a 10's of billions a year business. Bongs and dildos not even close.
Tommy Chong went to prison for bongs.
Dildo's were banned in Texas? Good grief that is hilariously stupid.
People went to prison over bongs and dildos, it really was insane! More hilariously, anal sex was also banned, although that was only because they wanted to ban 'a man's penis touching the rectum of another man' (or some other such phrasing) but during voting the speaker of the house (IIRC) was informed that it would not be legal due to the discriminatory nature of the law, so, outright all anal sex was banned. You could call up the police, if your enemy was gay, and accuse him of sodomy. Raids happened for real and lives were ruined.
The Tommy Chong DEA story is pretty funny.
As you can see from the wording, my aromatherapy devices are perfectly legal to ship. Upon consultation of the included literature, you will find:
1. Inhalation is a violation of the warranty, improper usage, and may cause device failure. The device should slowly leak therapeutic aromatherapy offgassing. Therefore, it does not fall under definition one, "any electronic device that... delivers nicotine, flavor, or any other substance to the user inhaling from that device."
2. Not a vaporizer, and therefore not subject to 'e-cig, hookah, cigar, pen, advanced refillable vaporizer, electronic pipe, or component, liquid, part, or accessory to any of the previously described objects
Therefore, I am acting consistently with all laws and regulations.