You have no idea what TPP was and you're completely wrong. Article 29.5: “Party may elect to deny the benefits of [investor-state dispute resolution] with respect to claims challenging a tobacco control measure of the Party.”
Sam also said it was "gross" to see people saying I told you so after the WSJ Theranos article. Dude lives in a SV bubble. Investors don't like to see billion dollar losses, they are not choosing sides.