Story and his company were the ones who filed suit in 2009 and forced the FDA to retreat from initially classifying e-cigarettes as drug delivery devicesm (like nicotine patches) thus making tough regulations applicable. He was joined by a company called Sottera, whose then-CEO, Matt Salmon, won a seat in the House of Representatives last election. "We won and made it a legal product again," Story says. "Nicotine and caffeine don't do anything. They're just like water. Drink eight gallons of water and it'll kill you."
Although he supports independent retail outfits like Vapor Shark, Story thinks they'll be obsolete when e-cigarettes become "readily available at convenience stores." Big Tobacco, which initially ignored the e-cigarette market, is just getting in on the act. RJ Reynolds is developing its own brand, and Lorillard, which makes Newports, purchased e-cigarette brand Blu.
George Martinez
Brandon Leidel launched Vapor Shark online in 2010 and moved into a storefront in March 2012.
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Scientific studies remain scant, and the battle rages on. Although FDA studies have found carcinogens in e-cigs, levels were not nearly as high as in traditional cigarettes. One study found that smoking e-cigarettes caused some respiratory impairment. There are other issues as well: E-cigarettes aren't yet taxed but probably will be; and a company belonging to inventor Hon Lik has filed suit against a slew of companies for patent infringement.
At Vapor Shark's Miami store, Leidel says his company is already preparing for the FDA rules. These days, he says he's so busy he has had to hire two people. "People ask all the time whether they can open a franchise," he contends.
During a visit, no customers seemed to care they might be inhaling a scary substance mixed by some random juice guy in back.
"I thought it was the greatest invention ever," said Latoya Friday, a neurophysiologist who smoked Newports daily before switching to a "very chic" pink Fusion.
"People are like, 'What is that?' And I'm like, 'It's the greatest thing ever,' " said 20-year-old FIU student Roger Notario, holding his black one.
A 57-year-old who gave his name as "Tommy" had been smoking for 40 years and, like his buddies — a group of troopers and policemen — was now switching to e-cigs. "Now about ten of us have them. It's spreading."
And at the Hallandale store, customer Jeff Godfrey, 52, said, "The FDA is not there to help us. They're there to screw us." The only justification he could see for the agency blocking e-cigarettes while allowing conventional ones was that "they would rather have you pay tax, then die."