I'm not sure if risk has anything to do with whether or not something is an investment. There are CDs, bonds and notes that are near zero risk yet they are investments.
The question isn't whether or not an EIA is an investment, it is. The question is whether or not it's a security and should it fall under the governance of the SEC and NASD. I say no. It has a guarantee which no security does. The closest a security comes to a guarantee are the high watermark mutual funds. And the only reason they have this guarantee is because they purchase INSURANCE to guarantee it.
It makes no difference to me whether or not an EIA is categorized as as security. I have my securities license. I just hate to get a haircut on the business (not that I do a ton of annuity business). The issue, IMHO, is the abuses of the product by ill-informed agents. In addition, the securities industry has seen a ton of business leave to EIA's. That means they are making less money. So of course they are going to push for oversight. Again, just my humble opinion.