As a libertarian, I think it is funny to sue the government to be regulated in a different way. I know it was to have less regulation. However, regulation of this particular item/substance has been pretty much OTC and this takes the killer tar out of the equation.
Of course, being Cuban in heritage, coffee is my drug of choice. I'm not sure I'd want a caffeine delivery system. We don't regulate Coke as a drug delivery system. LOL
BTW, I've heard many physicians say the FDA would never approve Aspirin as it has too many side effects.
As for the cronyism, that is still a problem. Of course. However, it is also still sad that businesses get persecuted by other businesses who do engage in the cronyism.