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The FDA issued a 500-page rule book, addressed to vape store owners and manufacturers. The long-awaited regulation isn't so helpful for those in the e-cigarette business. Some argued that the "impossible regulations," could essentially shut down the industry for good.
"Our goal was to have a healthier alternative to smoking," 180 Vape owner Travis Pharr said.
While the potential harms or benefits of vaping are still being studied and debated, the Food and Drug Administration has released strict guidelines vape store owners must follow.
"In two to three years it will shut down 99.9 percent of all vape shops in the United States," Pharr said.
It's not the labeling guidelines that's the problem for Pharr.
"We don't mind having labeling, we don't mind letting people know that nicotine is addictive, we knew that before we know that now."
It's the Pre-Market Tobacco Application that many in the industry aren't happy with.
"Each product is going to have to be subject to its own PMTA, it's going to be quite quite expensive and impossible for some of these companies to comply with," Keller and Heckman law partner Azim Chowdhury said.
A PMTA will be required for every product and flavor on the market.
"Every flavor over 200 flavors would cost $1 million to $2 million dollars a piece to keep on the market," Pharr said.
"To treat them in a manner that would essentially put them out of business is tantamount to a ban and we think there are some concerns there," Chowdhury said.
Pharr said not only would there be repercussions to those in the industry, but to vape users as well.
"If this actually goes through there's going to be hundreds of thousands of people that may be forced to go back to smoking and none of us want that," Pharr said.
"It would certainly seem to be a little bit unfair, you know just from a common sense perspective to treat vapor products which are pretty much without a doubt significantly less harmful compared to traditional combustible cigarettes," Chowdhury said.
There is an amendment to the House Agriculture Appropriations bill to change which businesses could be grandfathered in. Pharr said it's just a matter of waiting.
"We're going to stay open and work with the congressmen and senators and anybody that we can talk to that can help us."
"What they do want is responsible, reasonable regulations that are based on science that are based on the reality of the market and that consider the impact that this is going to have on small businesses across the country," Chowdhury said.
As of now the U.S. Health and Human Services reported it doesn't have specific scientific evidence showing e-cigarettes help smokers quit using tobacco.
