Nicopure Labs laid out its arguments in its lawsuit against the FDA’s deeming regulations in a filing in the US District Court in Washington, DC, on Friday. Nicopure has filed a motion for summary judgement, which means it is requesting the court rule against the FDA without a trial. The “Memorandum of Points and Authorities” details the strong case against the ban, with citations of existing law as support. Nicopure is the maker of Halo E-Liquids.

The memorandum is is 45 pages long, and includes 63 citations of case law, and many references to statutes. Since the Nicopure suit has now been combined by the court with the suit brought by the Right to be Smoke-Free Coalition, we will soon see additional arguments from the attorneys representing the alliance of vaping groups responsible for that effort. They will only be arguing points not addressed in the Nicopure filing.

“We strongly believe that this rule violates the Constitution and the process by which it was put into effect is fundamentally flawed and not legally grounded,” said Jeff Stamler, Nicopure CEO in a press release. “Further, we object to the vaping industry being subjected to greater restrictions than traditional tobacco companies, with which Nicopure Labs has no affiliation. We trust that the U.S. District Court will see the merit of our arguments.”