The major industry coalition lawsuit challenging the FDA’s deeming regulations just got even more interesting. The E-Vapor Coalition, representing the Right to be Smoke-Free Coalition and 10 other industry associations, has filed a motion for summary judgement, asking the US District Court to set aside the deeming rule or declare it unconstitutional.

The Coalition lawsuit was consolidated with the Nicopure Labs lawsuit in the US District Court for the District of Columbia on June 28. Nicopure filed its own motion on July 8. The two sets of plaintiffs will attack the deeming rule on separate legal grounds. The Coalition suit challenges the FDA’s application of the predicate (or grandfather) date of February 15, 2007, for deemed vapor products.

According to a press release issued by Keller and Heckman LLP, the law firm representing the E-Vapor Coalition, the FDA has until August 16 to respond to both motions. Oral arguments before the court have been scheduled for October 19 in Washington, DC.