Exactly Drew. Nicotine, when refined and sold expressly as a drug for smoking cessation purposes, is regulated by the FDA.
But nicotine, when contained within tobacco products, is freely sold (although regulated by a different agency, the FDA has no authority over tobacco products as of now).
With ecigs, the nicotine liquid is derived from tobacco. The FDA asserts its authority, claiming that as used and intended to be used, it's a drug/drug device combination, needing FDA approval.
My argument, ever since I saw the first FDA letter posted on this forum claiming that ecigs were drugs, has always been that no, the ecig, with nic liquid or not, is not a drug or drug device, but rather merely a smoking alternative, and a tobacco harm reduction product. I've also argued from the beginning that the FDA should thus not have any regulatory authority over ecigs. (But, I've never argued that ecigs are tobacco, or contained tobacco; of course they aren't, and they don't).
So while I have absolutely no interest or desire to "be in bed" with SE, to use TBob's words, the fact is that they are simply making the same legal argument now that I saw as the only possible argument against the FDA's claims, from the beginning.
Of course SE are only trying to protect their own financial interest, but that frankly has nothing to do with my opinion that their argument is simply the only available legal challenge to the seizures open to them given the current law and circumstances.
