If they should get a scammer tag then so should every other company that has promised an asic by now and hasn't delivered.
I disagree at this point, but perhaps I will change my opinion in the future. While BTCFPGA has indeed missed a single shipping date, they(Tom) shouldered the blame himself and didn't pretend as though there was an easy fix or that shipping would be 2 weeks out. Additionally BTCFPGA did not begin accepting pre-order funds until much later. Though this could have been handled somewhat better, Tom has sweetened the pot for his customers, softening the blow.
At any rate, this thread is about BFL's indiscretions, if you'd like to start a poll with regard to BTCFPGA then I'd be interested in the results.