Just taking a stab at an answer here, but I would think that once the actual post-Kickstarter pre-order process begins, they would not be subject to the same rules, and would be subject to enforceable rules of commerce. If legit, Kickstarter status becomes moot if one rightly can assume that production has begun and aimed out the door to the end user.
The point is somewhat moot to my view because they couldn't reasonably skip the backers and sell outright orders and pre-orders. It would completely undermine their credibility, permanently. Obviously, people would call scam on that. If things got that bad (and that's highly doubtful with GH), the company goes down for the count, and backers and customers both end up losing (no real enforcement possible). They have all the parts, it's just a matter of assembly, supply chain, and ultimately the performance of the vape.
Edit: I do want to tip my hat to Trevor for the updates. He's actually done pretty well at that balancing act between being concrete and open-ended, which is far from easy to do. Engineers and geeks love hard numbers to analyze, but marketing people understand what people want. I think they've covered both those bases pretty well. There's only so many ways to say 'almost there'. So congrats GH!