Yes, very frustrating!!! The "concept" patents as far back as the 30's. The "Smoke-free cigarette" has been out there before by the "Tobacco Companies". Hard telling how many others have been buried also!
"The nicotine inhaler and nicotine spray have also been approved as smoking cessation drugs by the FDA, but to date the agency has not approved them for over-the-counter sale. Ironically, the nicotine inhaler evolved from a “smoke-free” cigarette. Sold under the brand name Favor in the 1980s, the cigarette was forced off the market by the FDA in 1987 because it was deemed a “drug delivery device.” Just ten years later the FDA approved Johnson & Johnson’s Nicotrol inhaler as a nicotine delivery device which could be used for smoking cessation."
http://www.forces.org/evidence/pharma/pdf/fullwork.pdf