This is faulty logic on its face. They certainly didn't win the battle with the big lawsuits the gov't won. ...
Faulty Logic?
Which sound like Faulty Logic to you.
A company spending 135 Million to get into a New Market Not Knowing how it will be Regulated? And what products Will and Won't be able to be Sold.
Or a Company Spending 135 Million Knowing what the Future Regulation are going to be and how they will Fit Into those Regulations?
I think you are looking at the Concept of e-Cigarette/e-Liquid Regulations as something that Isn't Finalized Yet. And is somewhat Up in the Air Still.
It has been Finalized and Agreed upon by all the Players for Quite some time. Now we are just in the Phase where Procedural Issues like perhaps a Public Comment or a Review needs to be done to make it Law. It Isn't going to change the Outcome. That was decided Long Ago. But Procedures still need to be Followed.
And so what if a BP or BT funded a Lawsuit that lost. It didn't cost them anything really to file it. Throw it out there, maybe you'll will get Lucky. Stranger things have happened in Court.