Ashdaburned, you're right, they have the authority to regulate tobacco, but not ban it.
Electronic Cigarettes are absolutely a tobacco product, just as Snus is, and they both incorporate a new method for which the desired effect is delivered.
Just as Snus is wrapped in cloth and soaked in glycerol and PG, the e-liquid's nicotine is delivered by way of PG vapor. Not to mention all ingredients in ecigs are present in tobacco, just in different amounts.
The electronic cigarette itself could definitely be considered a delivery device, but is no more a delivery device than a tobacco pipe, but that it is composed of certain parts and tools. And I know I've read numerous posts stating, "The tobacco pipe argument doesn't apply to the electronic cigarette device," though I, personally, think it does. The only way it doesn't is if the Electronic Cigarette is, in fact, a drug, and not a tobacco product, and this conclusion has not yet been presented as fact and will not until the Judge makes his decision. Another thing to consider is the Tobacco Vaporizer, which is really just a larger atomizing device that burns much hotter. On a side note, I would liken the e-cig charger to a cigar cutter or cigarette roller, the carts to cigarette filters, and the atomizer to a lighter.
Now, to get back to my point... I was hoping for some worthwhile feedback on the notion that myself and other suppliers might be able to band together and file a lawsuit against the FDA for business slander and libel.