The US Supreme Court ruled cigarettes are not regulatable as drugs in 2000 in a landmark case of tobacco companies vs the FDA. At that time, the FDA wanted to regulate cigarettes just as they do all other drugs, but the US Supreme court (yes, the old men) sided with big tobacco companies in that decision. Thereafter, the FDA has been hands off of tobacco and the only regulation has come through acts of Congress and the class action suits filed by the states attorney generals against the tobacco compnaies resulting in a megabuck settlement to be paid to the states by the tobacco manufacturers.
I can't say I take all my cues from old men either but it comes down to whether we are a society of individuals that have the right to pick and choose which laws of the land we are going to obey today.