Nicopure Labs, a Florida-based e-liquid maker founded in 2009, said it filed a legal challenge to Food and Drug Administration (FDA) plans to regulate vaping products under the Tobacco Control Act.

FDA’s deeming rule, which adds e-cigarettes and liquids to products subject to tobacco regulation, violates the Administrative Procedure Act and the First Amendment of the US Constitution, the company said. The suit was filed in US District Court, Washington DC.
Nicopure said it was the first company to file suit against the so-called deeming rule announced by FDA on 5 May. The rule requires makers of vaping products not on the market before 15 February 2007 to obtain FDA approval, a costly process industry groups have said would decimate the industry.