As has been stated over and over again in this thread, suing the FDA is a waste of time and money.
There's obviously a lot of fundraising potential here, but let's spend it wisely. Even a successful lawsuit against the FDA wouldn't result in monetary damages, and would be a waste of your tax money and mine. The only people who would benefit from this action would be lawyers.
Start a PAC instead. Use the money to buy and produce a 30 second national TV spot. Buy full page magazine ads. Donate to senate campaigns. Offer subsidized starter kits for smokers who want to quit.
Fighting policy head on is a doomed proposition, and right now there isn't even a policy to fight.
The only way we're going to win acceptance is by taking charge of the narrative. The only way to do that is with smart, targeted publicity. Not frivolous lawsuits.