The vape industry has returned fire. The first legal action against the FDA’s deeming ban came Tuesday as e-liquid maker Halo’s parent company Nicopure Labs, LLC, filed suit in the US District Court for the District of Columbia. The lawsuit claims that “the FDA’s rulemaking process violated the Administrative Procedure Act, and that the deeming rule violates the First Amendment to the United States Constitution.”

The mostly small- and medium-sized companies that make up the American vaping industry are still reeling from the announcement of the FDA’s so-called deeming regulations, which were published Tuesday in the Federal Register.

Ninety days from now, on August 8, the first restrictions begin — including freezing the market in place. After that day, no new products may be introduced for sale unless they have undergone the expensive pre-market tobacco application process.