We should be pushing the idea that at worst, non-approved ecigs should be treated like herbal supplements that cannot make health claims. Go ahead and keep the health claim people in a regulated category.
One of the ironies is that you can walk into a health food store and peruse stuff like Valerian Root and they will put claims right on the bottle.....they just have a small asterisk next to it and you have to read through the fine print to see that "this claim has not been evaluated by the Food And Drug Administration." I have a bottle of Melatonin that I take on occasion to help with sleep....it works, and right on the front of the bottle is the claim that the pill I'm taking "supports restful sleep." Why the FDA has not gone after supplements is beyond me given how zealous they are about other stuff.