Therefore, the only legal claim is if the FDA can prove vaping is harmful. But they can't. We don't have a precautionary principle in law: the FDA has to make bogus claims in order to claim jurisdiction.
They also can't claim it's tobacco, because it isn't.
What you're saying is like saying mouthwash should have a tax stamp because it contains alcohol.
They're simply lying and unlawfully extending their authority in large part through the sloppy reasoning you just exhibited.
“What you’re saying is like saying mouthwash should have a tax stamp because it contains alcohol.”
I never said any such thing. Be careful that you don’t outrage yourself with that kind of straw-man argument.