I agree, but it hasn't stopped them so far. The TC group can walk in with a CDC report that shows that the teen vaping population is growing. Then all they have to say is, these kids will become addicted to nicotine, which will then lead to actual tobacco use. They don't have to PROVE anything, especially when you consider that someone would have to fund the other side of the case.
Sorry to be so cynical, I do actually believe that the courts are an area where we CAN win. Just remember that court cases are not always decided by the truth, often they are decided by who can afford the better lawyers.