Good points. The FDA does have very strict requirements for SE, and it does not surprise me that these products do not meet those requirements.
No, those are not good points. It's a smokescreen. Please read Phillips's article that Agent Ania linked above.
I am very familiar with Star Scientific products, BTW. They are, just like the orbs, lozenges and CigRX, very good and effective tobacco harm reduction products. And much, much healthier than cigarettes, cigars or chewing tobacco.
However, it still begs the question: does this mean the FDA is already enforcing their deeming regulations? Or are they just getting a head start and saying if the deeming regs go through, then these products do not meet the requirements for SE? I was of the understanding that there are no current enforceable FDA regulations in place for tobacco products, hence the proposed deeming.
And read it again--just in case.