The Entire Deeming Rule Set is ALL Based on One Simple set of text. And that is
"Made From or Derived from tobacco".
So the TFN people are arguing that since their Product is Not
"Made From or Derived from tobacco", that the FDA can look elsewhere when it comes to Regulating them.
Now I think it is all Short Lived. Because I'm sure the FDA will be able to argue that if TFN doesn't fall into a Deeming crack, then it is a Drug.
But that might take awhile. And the Vacuum is just around the corner if the FDA Doesn't start issuing PMTA's Chop Chop. Cause the Alphabet Groups are getting Itchy for Everything Non-PMTA-ed to be Pulled.
So the TFN people might have a Decent Run until they are Forced to Stop.