Bill, I can only report my summary interpretation of the conversations I've had with both of them.
Did you read Lindblom's piece? He maintains that the FDA can allow e-cigs on the market even though they're illegal. His point is that FDA has the discretion to do this if it perceives e-cigs to have a public health benefit. I think the FDA does believe this, but does not have the knowledge required to determine which products are having this benefit.
Now, perhaps "very light touch" is over-egging things, but where I think Eric is going is towards a model in which the FDA maintains complete fiat control over e-cigs and allows those on the market that it decides are creating a public health benefit.
Do I think this is a good thing? No, emphatically not. But, his view must be considered in the context of his desire for the FDA to enact its low-nicotine cigarette policy.
Now, I accept that an ANTZ lawsuit could force the hand of the FDA. But the FDA does have this discretionary authority and also has the data (the PATH study) which would justify the public health rationale for allowing e-cigs to remain on the market.
Don't get me wrong, Bill, all of this is pointless, destructive, dangerous and costly. BUT, it's also what we might actually be facing, regardless of what we want.