I may have my dates a little mixed up, but from what I understand,
vaping technically cannot be marketed as a smoking cessation device, otherwise it would fall under the jurisdiction of the FDA, although with a wink and a nod that's what almost everyone here is using it for. That's what happened several years ago when the FDA tried to have
vaping products classified as a drug. The industry fought it and won because they didn't want the heavy restrictions that the FDA imposes on pharmaceuticals (imagine having to conduct drug trials for every
ejuice you want to put out before it can be approved for sale by the FDA). So now the approach the FDA is using is treating it as a tobacco product, while also falls under their jurisdiction.