I believe Katya is saying that in 2007 cigarettes were widely marketed, and so had no problem with the predicate date, which is true. Ecigs on the other hand didn't really exist then, and so there are no real predicate products, which is also true.Here, I'll quote more of what you said:
The first 2007 you typed must have been a typo, and I figure you meant to type 2009. You replied to me as though I had quoted the 2nd 2007 in your paragraph, but I had quoted the first one (bolded above).
So, no, they weren't marketed widely all over the world in 2007, and yes there is a problem finding a predicate, and no, they weren't fully technologically developed at that time.
My argument is that aside from the predicate date, which isn't really "part" of the regulation(it was a bone given to the tobacco companies), the regulations for cigs and ecigs are nearly identical. So from the view of the FDA, all ecig products are mislabeled tobacco products, all new, all supposed to go through PMTA according to the FSPTCA. I actually can't fault the logic in that IF you consider ecigs to be tobacco products. That doesn't mean the TCA regulations aren't ridiculous in and of themselves, but that's a separate issue.
I, however, don't believe ecigs ARE a tobacco product, so applying the same regulations to them is wrong.