It certainly would be insane. If the FDA rules are implemented as written, then whoever has the predicate product would be able to sell a "substantially similar product". Likely a clunky, POS, cig-a-like that nobody wants. ECIG currently does not have such a product so everything would need to be trashed while they build the new "approved" product. In other words, the entire US vape industry becomes toast.
If we make a deal to pay Atlantic for the rights of the Predicate product and the FDA does NOT implement the rules as they are now written, then we have agreed to pay them a cut of future sales and we can no longer compete on price with everyone else.
Insane indeed...