Did they have stats on Nocorette when it came out? How effective was it shown in clinical trials? What was tested? Because as a stop smoking aid these drugs are utter failures and if they are the yardstick against which the E-Cig is measured well it's hard to perform worse than abject failure.
The real question that the FDA has to answer is this. Nicotine is a known chemical that is already sold over the counter in a number of forms marketed both as a drug and as a recreational stimulant in a number of forms including inhaled. So on what grounds are they asserting authority?
They can of course assert anything they want but the legal question remains outstanding and will be determined in a court of law.
I suspect based on the judge hearing the SE case that they will be smacked down.
Honestly these devices have been around for what 3 years now in use world wide and to the best of my knowledge there has not been a single death attributed to their use. That's a pretty compelling stat for them to argue against.
See the thing to understand in science is that science doesn't prove anything ever. What it does is disproves things.
In the case of the E-Cig the theory is that it is safe for human use. This is supported by the fact that there are no documented cases of any health problems being caused and until such time as that theory is falsified by factual data.
Of course the FDA isn't going to frame it any other way the trick is to beat them to the punch on framing the issue. To concentrate on facts like the lack of any documented deaths or health problems attributed to electronic cigarettes.
I think most judges are going to take a dim view on the FDA attempting to assert authority in this manner regarding this matter. Where is the compelling justification for a ban? Medical device? Seriously can anyone demonstrate where such a device is used anywhere for medicinal purposes?
Honestly the push back needs to be on those grounds. We have companies selling contaminated peanut butter to elementary schools , daycares and retirement centers resulting in real sickness and death because of insufficient oversite and the FDA is wasting time and energy trying to assert authority over a device that has shown zero evidence of presenting a health threat?
The only reason they've been as successful as they have been so far is that no one has been pushing back. Now with the SE lawsuit and the ECA getting off the ground the game has changed.
By the way the first rule of framing is never repeat the oppositions frame. These devices are simply a new way of imbibing an existing legal recreational stimulant and the FDA is overstepping its authority to try and ban them in the absense of any compelling health threat associated with their use.
ps great product and great forum. thanks 
