Yes, you are a real small business not what the government thinks is a small business with millions in start up costs and overhead. You are the type of small business the government hates.
So basically you agree with the fear mongering then.
It's not the $3500 or so for the fee it's the stack of paper work the FDA estimates will take you somewhere between 2100-125,000 lawyer hours to fill out. There is no hope of talking them out of that, they've been requiring stacks of paper work and destroying small businesses for a long time.
I believe there is hope of talking them out of that, hence not agree with those who express fear via messages of "there is no hope."
And it's not the liquids that are the issue. I'd expect that and there are liquid makers who've been enjoying their 1000% markup long enough they should be able to afford it, plus all liquid should be possible for substantial equivalence since the basic recipe has never changed (if the FDA was sane, but that's still open for a lawsuit if they continually refuse).
Heck, if you believe this, then we are nearly on the same page.
The problem is the small business sells wick, wire, batteries, mods, tanks, tips and liquid separately. That adds up to 7 items compared to BT's single item disposables.
I'm of the opinion that we don't know if these items are included. To the degree they might be, I think a bunch of things but given reality of language in current proposal, I think it would be rather easy challenge if these non-nicotine items are included as tobacco products.
You are citing these as the problem and I'm saying I don't see them as the problem with current regulations. I will acknowledge they could be, but hard to say they will be and furthermore that if they are, it will be (certain) end to smaller businesses getting into the market.
It sounds like your idea is there's nothing to fear because you can tear apart a toaster, soak some cigarettes and have an ecig. I can turn on my lathe and have an ecig, I don't even need nicotine liquid, I've been thinking of switching to a patch for a more consistent dose anyway. Those personal solutions ignore the real problem.
I'm not (mainly) referring to personal problems in this thread. Not sure where you are getting that. If flavors are, according to you, not a problem, then I honestly see very little problem going forward. If you are saying those will get approved rather easily, without much fee, holy crap, will things get better financially in this industry. I actually don't even agree with this, but I like the sound of it.
I see you, and others, saying that the 'real problem' is given track record of FDA in approving ANY ecig product as 'new tobacco product' will be very costly. And because it will be costly, it'll price smaller vendors/manufacturers out. If we left it right there, and had discussion on that point and how we might go about addressing that, collectively, in our talking points to FDA (among other topics), then I'd not be in disagreement with anyone on this thread. Yet, if we are saying things like "no hope in changing FDA's mind" or "because all smaller business will be excluded, by design, the industry will die" or "regulations are only to protect BT's investment and anyone that concludes otherwise is plain wrong" then I may show up as challenging that, labeling it as counterproductive, so on and so forth.
Thing is, we are all saying a bunch of different things. You say flavors no problem. Next person that disagrees with what I'm saying here will say flavors have 6 components and each of those needs separate application and so business with 10 flavors must spend 20 million dollars to get all flavors approved, which is the problem Jman. How can you not see this?
To me the ambiguity vs. the anticipated heavy handed approach that many of us thought FDA would take on proposed regulations, is a good thing, in the short term. In 2013, I would've thought for sure heavy handed approach given countless discussions here and elsewhere. In early 2014, I would've thought heavy handedness for sure, given local bans galore popping up.
Now, I'm thinking FDA was tame, amendable and providing for reasonable framework, and that I think serves us going forward.