New York – January 2, 2020

1. Various of Babian in store

2. Various of refillable vape products that will be exempt from new restrictions

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3. SOUNDBITE (English) Spike Babaian, owner VapeNY, technical analysis director of the New York State Vapor association.

"So there are a larger devices like these where they have refillable tanks that can be recharged, where there's liquid inside that gets refilled into a tank and they have a filter inside that would be changed. These are ones that we are fairly certain are not part of the guidance. They're open system, refillable devices like the one that I use. So it would have a tank that would open."

4. Various of Babaian refilling vape device

5. SOUNDBITE (English) Spike Babaian, owner VapeNY, technical analysis director of the New York State Vapor association.

"As a shop owner whose business model is open system devices that you can refill and put liquid into, obviously we're a little bit relieved that the products that we've been using for a decade to keep people off of cigarettes are still going to be available to those consumers that are former smokers and current smokers looking to have an alternative. So we're we're thankful that the guidance doesn't shut down flavors in every aspect. It seems that the majority of people who are not smoking anymore are using flavors that are not tobacco and menthol. So we're thankful that those products will still be available for consumers who want to quit smoking."

6. Various exteriors of VapeNY shop

7. SOUNDBITE (English) Spike Babaian, owner VapeNY, technical analysis director of the New York State Vapor association.

"We're happy that the science has finally been recognized, that people realize that this product is helping people quit smoking. The science has been there for almost a decade and it's been ignored. It's been largely ignored. And we're happy that the FDA has reviewed the science and recognized that this product stands to help millions and millions of people who are former smokers to remain smoke free."

8. Various of Matthew Blum shopping in store

9. SOUNDBITE (English) Matthew Blum, former Cigarette smoker, current vaper

"Generally speaking, I think vaping is a lot safer than smoking, and that's the key. You know, no harm reduction. You don't want new kids starting to vape because it could be very addictive. You know like nicotine is nicotine in it. So I think that the harm reduction model, like if you're doing Nicorette gum, if you're doing transdermal patches with the right vape system and the right vape, it's it's a very good product."

10. Various of refillable vape products that will be exempt from new restriction

U.S. health officials will ban most flavored e-cigarettes popular with underage teenagers, but their plan includes major exceptions that benefit vaping manufacturers, retailers and adults who use the nicotine-emitting devices.

The Trump administration announced Thursday that it will prohibit fruit, candy, mint and dessert flavors from small, cartridge-based e-cigarettes that are popular with high school students. But menthol and tobacco-flavored e-cigarettes will be allowed to remain on the market.

"Obviously we're a little bit relieved that the products that we've been using for a decade to keep people off of cigarettes are still going to be available to those consumers that are former smokers and current smokers looking to have an alternative," said Spike Babaian, owner of VapeNY, a vape store in New York and the technical analysis director of the New York State Vapor association.

Babaian says she sees the new rules as an acknowledgement that vaping has its place as an alternative for cigarette smokers.

The flavor ban will also entirely exempt large, tank-based vaping devices, which are primarily sold in vape shops that cater to adult smokers.

Together, the two exemptions represent a significant retreat from President Donald Trump's original plan announced four months ago, which would have banned all vaping flavors _ including menthol _ from all types of e-cigarettes. The new policy will spare a significant portion of the multibillion-dollar vaping market. And the changes mark a major victory for thousands of vape shop owners who sell the tank-based systems, which allow users to mix customized flavors.