Either way, I believe we'd be in the same boat, just years in the past. If they had succeeded in 2009/10, BP would have bought the rights / companies that were most successful and we'd have a BP controlled, prescription, closed-system device that was pushed through as a FDA drug / cessation aid.
Yeah, I don't think they wrote the deeming regs, I think they knew some of the contents, certainly. They were also given more weight in their comments than we were - since they 'play ball' on things that are advantageous to the FDA's mindset of a closed-system market. I wonder if BT's possibly supporting amendments to move the grandfather dates has to do with something in the 499 pages that spooked them, perhaps they thought that the modified risk advertising sections would be less stringent than it is since e-cigs are less harmful - or it could be that they're just hedging their bets and playing both sides to see what shakes out in the US market. In the meantime, they'll just keep earning money in other areas of the world.
IMHO, the biggest enemy is BP, the Robert Wood Johnson Foundation and their current neo-ANTZ who suck on that pseudo-scientific research teat with a particularly hate for for having been 'tricked' by us evil vapers, who continue to use nicotine in a manner that is not approved by their money-swollen overlord, which all aligns well with their FDA regulatory agency who continues to nurse a hefty amount of butthurt about the 2010 smack-down delivered by Judge Leon.