Glad you were able to get your money back. He probably doesnt want to create any waves yet (and thwart other sales) until the buyer protection period (which may not even be relevant) expires.
What gets me, is why yihi permits this in the 1st place. Yes, they "say" the don't, but its one simple email to eBay from them that they are a e-cigarette manufacturer and eBay will ban their products. May take a couple of days for eBay to notice the listing, but they remove it and warn/suspend the seller. At the very least the auction has grounds for removal by copyrighted photos.