The Food and Drug Administration (FDA) is currently deciding whether or not to consider liquid nicotine a tobacco product. If it does, the makers of the vaping liquids would be subject to a rigorous review process that would include providing the FDA with detailed information about ingredients, manufacturing processes, and potential health effects.
But some vaping startups say that pending FDA regulation of e-cigarettes could put them out of business, leaving only the big tobacco firms because the additional cost of complying with the new rules would be too much for them to take on.
Some, like the president of the American Vaping Association, predict that 99% of small vaping businesses would shutter as a result.
Those who sell and distribute them worry that FDA requirements favor the large tobacco companies that have the resources to deal with the red tape, and who are already competing in the e-cig market.
If the FDA does extend tobacco regulation to cover liquid nicotine, manufacturers would have two years to comply with the new rules, which may give them sufficient time and not drain resources needed to stay in business.