A vaping industry association and a vaping company filed a suit against the Food and Drug Administration in Kentucky federal court seeking to push back the May 2020 deadline for premarket tobacco applications with the agency.

The Washington, D.C.-based Vapor Technology Association and Lexington, Kentucky-based Vapor Stockroom claim the FDA pushing up the deadline to submit the premarket applications to May 11, 2020, is a violation of the Administrative Procedure Act and the Fifth Amendment’s Due Process Clause. The suit, Vapor Technology Association vs. U.S. Food and Drug Administration, is filed in the U.S. District Court for the Eastern District of Kentucky.