My pleasure Tom.
Sun Vaporer, and any other person familiar with law, will have to weigh in on the FDA's chartered powers and the greyness associated with the status of the e-cigarette (tobacco product or drug [i.e. nicotine] delivery system).
Perhaps what needs to occur is a recognition of the division between the manufactured item (i.e. the e-cigarette) and the complimentary good (i.e. the liquid). From what I've seen, what's at issue, mainly, is the contents of the liquid (primarily, the nicotine) and not the engineering of the e-cigarette. Of course, the manufacturers are offering the liquid with the e-cigarette, which seems to be implicating the e-cigarette in it's entirety.
I don't know. For now, just stay up to date with Sun Vaporer's docket tracking.