Lost Art Liquids, a California-based maker of premium vaping liquids, filed a suit challenging the authority of the US Food and Drug Administration (FDA) to subject the vaping industry to regulation as makers of tobacco products, the company said.

Filed in federal court for the central district of California, the suit alleges the “FDA's regulation of vapor products is illegal in that it exceeds the very limited and specific scope of authority Congress granted FDA to regulate 'tobacco products' under the Tobacco Control Act in 2009.” Earlier in May a Florida company, Nicopure, filed a suit against the FDA in federal court, Washington D.C.
E-cigarettes and other vaping products were made subject to regulation for the first time in the US when the FDA on 5 May released the final deeming rule that expands the agency’s tobacco regulatory powers.