They don't have nicotine in them,
This is your answer.
Nicotine in the U.S. falls under 2 categories: tobacco or medical treatment. That's why the FDA wanted e-cigarettes to be ruled a drug treatment device by the court, so they could ban them outright as unapproved drug delivery devices. Without nicotine, the FDA regards products pretty much as a placebo. (Which is why non-drug products like this can get away with the disclaimer "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.") This E-Z Quit product is basically a mint breath spray.
The nicotine is what kicks in the "is it a drug treatment" criteria. The "it looks like smoking" part of e-cigs is just what got the ANTZ's panties in a bunch and pester the FDA to ban them. That and the fact that smokers were starting to buy them in droves. The E-Z Quit product may have hit the ANTZ/FDA radar if they were selling the way e-cigs are and cutting into Big Pharma profits - but they'd have to actually WORK to do that.
Also, I wouldn't say the E-Z Quit mimics smoking so much - it looks like someone is holding and sucking on an unlit cigarette. The vapor produced by e-cigs truly mimics (ie. resembles) smoking - including the dreaded "second-hand vapor," of which the ANTZ are so afraid.