Why do these have to be considered either? Nicotine is a drug, but is it only a MEDICINE?
Caffeine is a drug, but it's not considered a medicine. Soda cans aren't considered a medical device to deliver caffeine to stop drinking coffee. Not all caffeine-containing products must be classified as a "coffee product." Why must liquid nicotine be considered either a tobacco product or a medical product? Alcohol is used in medical applications (Nyquil), yet beer tappers aren't considered medical devices.
Why can't it be called what it is? Recreational Nicotine.
You make one helluva case right there !!!!! Just think of the repercussions if a device to consume liquid form nic and the device to deliver the product is deemed a "delivery device" . The can would also be in that category, then the bottle of shampoo, and so on to enormous extent.
This could also be something of an appeal.