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Panel approves ban on sale of flavored e-cigs in New York

Flavored vaping solutions are shown in a window display at a vape and smoke shop, Monday Sept. 16, 2019, in New York. New York Gov. Andrew Cuomo is pushing to enact a statewide ban on the sale of flavored e-cigarettes amid growing health concerns of vaping. (AP Photo/Bebeto Matthews)

NEW YORK (AP) — On Tuesday, New York banned the sale of flavored e-cigarettes.  The move comes as federal health officials investigate a mysterious surge of severe breathing illnesses linked to vaping.

A vote by the state Public Health and Health Planning Council means the ban goes into effect immediately.  It covers all flavored cigarettes and other vaping products except for menthol and tobacco flavors. Retailers have two weeks to remove the merchandise from store shelves.

Gov. Andrew Cuomo proposed the emergency ban Sunday, citing surging use among young people.

Nearly 40% of New York teens have vaped

According to data from the state health department, nearly 40% of New York high school seniors and 27% of high school students overall use e-cigarettes. Use among high-school students went from 10.5% in 2014 to 27.4% in 2018.

Cuomo pointed to vaping flavors like bubblegum and cotton candy that he said seemed aimed at young people.

“We don’t really know the health consequences of these devices,” he said on public radio Monday.

Vape shop owners say they’re considering a legal challenge to the new regulation. They say that banning these products should have gone before lawmakers for hearings, debate and a vote.

Hundreds of businesses potentially affected

Mike Kruger owns two vape shops in the Albany region. He says the ban could force hundreds of businesses like his to close.  Smokers looking to quit, he said, will have fewer options under the ban. And as for breathing illnesses, Kruger said he believes they are the result of people buying black market vape liquid, not the items he sells.

“We are bypassing the legislative process,” he said of the ban. Kruger added that many adults seek out the flavored versions. He himself prefers blue raspberry. “Vaping has been around for 12 years. And now this.”

Some health groups criticized the exemption for menthol flavor. They say they are worried young people will switch to that variety. The ban includes all types of flavored vaping products, including disposable and refillable devices.

Juul Labs, Inc., the company with the biggest footprint in the industry, has said it agrees with the need for action in the flavored e-cigarette sector. The company says it will comply with any final state and federal regulations.

Hundreds are sickened nationwide

Nationwide, health officials are investigating hundreds of cases of serious breathing illnesses in people who use e-cigarettes and other vaping devices. They have identified 380 confirmed and probable cases in 36 states and one territory, including six deaths. President Donald Trump has proposed a federal ban on flavored e-cigarettes and vaping products.

New York becomes the first state to enact the ban. Michigan approved a ban that includes menthol, but not tobacco flavor, but rules for enactment have not yet been put into place. Other states are also considering bans.

The statewide smoking age is going up to 21 after Cuomo signed legislation earlier this year. He also recently signed a mandate that requires state anti-tobacco campaigns to also include vaping.

The FDA has been able to ban vaping flavors since 2016 but has yet to take the step.

The global vaping market is estimated to have a value of as much as $11 billion.