Since founding my small, veteran-owned business, I have focused on helping customers quit cigarettes. Current vapor directory bills set to go into effect July 1 containing expensive and excessive regulations would force me to close my store and lay off my employees, many of whom have served in the military or are active-duty spouses. Unfortunately, the chances of this happening are high.
My store is covered in photos of customers — many connected to the military — who are overjoyed to promote how vaping helped them quit smoking. Now, lawmakers want to rip this away from them, all to prop up failing Big Tobacco companies.
I understand the need for safeguards ensuring responsible marketing of the products I sell. However, the legislation targeting liquid and vapor nicotine products risks crushing small businesses such as mine under the weight of expensive and complicated requirements. These bills will restrict consumer choice and push people back to less safe products such as cigarettes. Lawmakers must reconsider this approach and find a solution that protects public health without destroying small businesses.
The legislation includes a certification process requiring manufacturers to prove their products are either FDA-approved or actively undergoing the approval process, which is prohibitively expensive and time-consuming. Estimates suggest that securing Food and Drug Administration marketing authorization can cost millions of dollars and take years to complete. Big Tobacco conglomerates and major vaping corporations have the resources to navigate this red tape and bureaucracy, but smaller manufacturers — those offering diverse, affordable, innovative products — are left at a severe disadvantage.
For small retailers like me, this legislation will have devastating impacts, including the elimination of most of the more than $100 million that the vaping industry contributes to Virginia’s economy. Many products I carry are made by independent manufacturers that lack the required funds to obtain the necessary Virginia registration. If they’re forced out of the market, I’ll lose the ability to offer customers a variety of products, leaving me dependent on the limited and often more expensive options from big corporations. This isn’t just bad for my business; it’s bad for consumers who value choice and affordability.
By making it harder to access legal, regulated products, the legislation risks pushing people toward unregulated sources where safety is not guaranteed. This is especially dangerous in the vaping industry, where counterfeit or contaminated products have been linked to health crises.
President Donald Trump understands that the current system, a remnant of the Biden administration, is completely broken. That’s why he promised to save this industry and make the changes required to allow businesses like mine across the country to thrive. Unlike President Joe Biden, he appreciates the lifesaving work these stores offer and the livelihoods they support. And, unlike many politicians, he keeps his promises.
Over the past year, I’ve tried to show legislators the positive change vapes can have on Virginian lives. Instead of listening to their constituents’ concerns and working to protect small businesses, they’ve proposed and passed legislation that increases opportunities for the state to penalize small businesses such as mine. This would increase store closures and do nothing to protect public health.
I’m not arguing against regulation, but it must be reasonable and achievable for businesses of all sizes. This legislation, as written, fails to strike that balance. It will devastate small businesses, restrict consumer choice and undermine public safety. Lawmakers need to recognize that small businesses are a vital part of the economy and the communities they serve.
I urge lawmakers to take a step back and hit the pause button on this approach. Protecting public health and supporting small businesses are not mutually exclusive. With thoughtful adjustments, we can achieve both — and I hope our leaders act before it’s too late.
Alex Batista is a Navy veteran and the founder and owner of Vape Xotix in Norfolk.