U.S. health officials will ban most flavored e-cigarettes popular with underage teenagers, but with 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.

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

Associated Press health reporter Matthew Perrone explains that together, the two exemptions represent a significant retreat from President Donald Trump's original plan announced four months ago.

"This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products," said Perrone.

"There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

The new policy will preserve a significant portion of the multibillion-dollar vaping market.

And the changes are likely to please both the largest e-cigarette manufacturer, Juul Labs, and thousands of vape shop owners who sell the tank-based systems, which allow users to mix customized flavors.

E-cigarettes are battery-powered devices that typically heat a flavored nicotine solution into an inhalable aerosol.

They have been pitched to adults as a less-harmful alternative to traditional cigarettes, but there is limited data on their ability to help smokers quit.

The Food and Drug Administration has struggled for years to find the appropriate approach to regulating vaping. Under current law, all e-cigarettes are supposed to undergo an FDA review beginning in May. Only those that can demonstrate a benefit for U.S. public health will be permitted to stay on the market.

The flavor ban applies to e-cigarettes that use pre-filled nicotine cartridges mainly sold at gas stations and convenience stores.

Juul is the biggest player in that market, but it previously pulled all of its flavors except menthol and tobacco after coming under intense political scrutiny. Many smaller manufacturers continue to sell sweet, fruity flavors like “grape slushie,” “strawberry cotton candy” and “sea salt blueberry."

The flavor restrictions won't affect the larger specialty devices sold at vape shops, which typically don't admit customers under 21.

These tank-based systems allow users to fill the device with the flavor of their choice. Sales of these devices represent an estimated 40% of the U.S. vaping business, with sales across some 15,000 to 19,000 shops.

"Today's announcement taking a number of these flavors off the market, A number of products is actually a pretty huge step from what came before," said Perrone.

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space.

In the latest government survey, more than 1 in 4 high school students reported using e-cigarettes in the previous month, despite federal law banning sales to those under 18. Late last month Trump signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 nationwide.

ARCHIVE: New York - 18 September 2019

1. Various of people vaping

Washington DC - 2 January 2020

2. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"The Trump administration is banning most flavors in small cartridge based e-cigarettes that are popular with teens, but they're keeping flavors available for products that a lot of adults use and that are sold in vape shops."

ARCHIVE: New York - 18 September 2019

3. Various of products on a table

ARCHIVE: Biddeford, Maine - 3 September 2019

4. STILL of electronic cigarette pods displayed for sale in shop

ARCHIVE: San Francisco - 17 June 2019

5. STILL of cashier displaying a packet of tobacco-flavored Juul pods

ARCHIVE: New York - 16 September 2019

6. Sign of advertising nicotine content of Juul vaping products

Washington DC - 2 January 2020

7. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products. There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

ARCHIVE: New York - 18 September 2019

8. Various of couple vaping

9. Various of people vaping

Washington DC - 2 January 2020

10. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"When Trump first announced that he was planning to ban nearly all flavors, there was a lot more pressure on the federal government at the time. There was an outbreak of lung illnesses tied to vaping. We now know that that problem was tied to illegal marijuana based vaping products. So there's a little less pressure on the federal government now that that's been determined."

ARCHIVE: Washington DC - 22 November 2019

11. President Donald Trump in listening session at the White House on vaping

12. SOUNDBITE (English) Donald Trump, US President:

"This is a very big subject and it's a very complex subject. Probably a little bit less compless than some people think. But I'm here to listen and I have very divergent views."

13. Cutaway of listening session

Washington DC - 2 January 2020

14. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space. So today's announcement taking a number of these flavors off the market, a number of products is actually a pretty huge step from what came before."

ARCHIVE: New York - 16 September 2019

15. Various of Jubilee Vape and Smoke in New York CIty

16. Various of vaping solution and vaporizers on shelf of store

Washington DC - 2 January 2020

17. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"This is an announcement that almost no one is going to be entirely happy with it. I think probably the most disappointed will be the health groups, anti-tobacco groups. They wanted Trump to ban all flavors. They think the flavors are what attracts kids to e-cigarettes and vaping. So leaving some of these flavors on the market in any form, they're going to, they're going to view as a failing of the Trump administration."

ARCHIVE: New York - 16 September 2019

18. Various vaporizers on the shelf at NYC Smoke Shop

Washington DC - 2 January 2020

19. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"Today's announcement will allow Trump to say that he took action on teen vaping, and that's probably a political win. I think he's going to continue to be pressured by the vaping industry. They have a deadline coming up next year for all of their products to be reviewed by the FDA. They want that pushed back or eliminated entirely. So you're going to continue to see lobbying and pressure from the vaping industry in Washington."

ARCHIVE: Marietta, Georgia - 5 May 2016

20. Various of people smoking e-cigarette

U.S. health officials will ban most flavored e-cigarettes popular with underage teenagers, but with 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.

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

Associated Press health reporter Matthew Perrone explains that together, the two exemptions represent a significant retreat from President Donald Trump's original plan announced four months ago.

"This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products," said Perrone.

"There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

The new policy will preserve a significant portion of the multibillion-dollar vaping market.

And the changes are likely to please both the largest e-cigarette manufacturer, Juul Labs, and thousands of vape shop owners who sell the tank-based systems, which allow users to mix customized flavors.

E-cigarettes are battery-powered devices that typically heat a flavored nicotine solution into an inhalable aerosol.

They have been pitched to adults as a less-harmful alternative to traditional cigarettes, but there is limited data on their ability to help smokers quit.

The Food and Drug Administration has struggled for years to find the appropriate approach to regulating vaping. Under current law, all e-cigarettes are supposed to undergo an FDA review beginning in May. Only those that can demonstrate a benefit for U.S. public health will be permitted to stay on the market.

The flavor ban applies to e-cigarettes that use pre-filled nicotine cartridges mainly sold at gas stations and convenience stores.

Juul is the biggest player in that market, but it previously pulled all of its flavors except menthol and tobacco after coming under intense political scrutiny. Many smaller manufacturers continue to sell sweet, fruity flavors like “grape slushie,” “strawberry cotton candy” and “sea salt blueberry."

The flavor restrictions won't affect the larger specialty devices sold at vape shops, which typically don't admit customers under 21.

These tank-based systems allow users to fill the device with the flavor of their choice. Sales of these devices represent an estimated 40% of the U.S. vaping business, with sales across some 15,000 to 19,000 shops.

"Today's announcement taking a number of these flavors off the market, A number of products is actually a pretty huge step from what came before," said Perrone.

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space.

In the latest government survey, more than 1 in 4 high school students reported using e-cigarettes in the previous month, despite federal law banning sales to those under 18. Late last month Trump signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 nationwide.

ARCHIVE: New York - 18 September 2019

1. Various of people vaping

Washington DC - 2 January 2020

2. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"The Trump administration is banning most flavors in small cartridge based e-cigarettes that are popular with teens, but they're keeping flavors available for products that a lot of adults use and that are sold in vape shops."

ARCHIVE: New York - 18 September 2019

3. Various of products on a table

ARCHIVE: Biddeford, Maine - 3 September 2019

4. STILL of electronic cigarette pods displayed for sale in shop

ARCHIVE: San Francisco - 17 June 2019

5. STILL of cashier displaying a packet of tobacco-flavored Juul pods

ARCHIVE: New York - 16 September 2019

6. Sign of advertising nicotine content of Juul vaping products

Washington DC - 2 January 2020

7. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products. There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

ARCHIVE: New York - 18 September 2019

8. Various of couple vaping

9. Various of people vaping

Washington DC - 2 January 2020

10. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"When Trump first announced that he was planning to ban nearly all flavors, there was a lot more pressure on the federal government at the time. There was an outbreak of lung illnesses tied to vaping. We now know that that problem was tied to illegal marijuana based vaping products. So there's a little less pressure on the federal government now that that's been determined."

ARCHIVE: Washington DC - 22 November 2019

11. President Donald Trump in listening session at the White House on vaping

12. SOUNDBITE (English) Donald Trump, US President:

"This is a very big subject and it's a very complex subject. Probably a little bit less compless than some people think. But I'm here to listen and I have very divergent views."

13. Cutaway of listening session

Washington DC - 2 January 2020

14. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space. So today's announcement taking a number of these flavors off the market, a number of products is actually a pretty huge step from what came before."

ARCHIVE: New York - 16 September 2019

15. Various of Jubilee Vape and Smoke in New York CIty

16. Various of vaping solution and vaporizers on shelf of store

Washington DC - 2 January 2020

17. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"This is an announcement that almost no one is going to be entirely happy with it. I think probably the most disappointed will be the health groups, anti-tobacco groups. They wanted Trump to ban all flavors. They think the flavors are what attracts kids to e-cigarettes and vaping. So leaving some of these flavors on the market in any form, they're going to, they're going to view as a failing of the Trump administration."

ARCHIVE: New York - 16 September 2019

18. Various vaporizers on the shelf at NYC Smoke Shop

Washington DC - 2 January 2020

19. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"Today's announcement will allow Trump to say that he took action on teen vaping, and that's probably a political win. I think he's going to continue to be pressured by the vaping industry. They have a deadline coming up next year for all of their products to be reviewed by the FDA. They want that pushed back or eliminated entirely. So you're going to continue to see lobbying and pressure from the vaping industry in Washington."

ARCHIVE: Marietta, Georgia - 5 May 2016

20. Various of people smoking e-cigarette

FOR CLEAN VERSION SEE STORY NUMBER: apus128830

U.S. health officials will ban most flavored e-cigarettes popular with underage teenagers, but with 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.

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

Associated Press health reporter Matthew Perrone explains that together, the two exemptions represent a significant retreat from President Donald Trump's original plan announced four months ago.

"This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products," said Perrone.

"There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

The new policy will preserve a significant portion of the multibillion-dollar vaping market.

And the changes are likely to please both the largest e-cigarette manufacturer, Juul Labs, and thousands of vape shop owners who sell the tank-based systems, which allow users to mix customized flavors.

E-cigarettes are battery-powered devices that typically heat a flavored nicotine solution into an inhalable aerosol.

They have been pitched to adults as a less-harmful alternative to traditional cigarettes, but there is limited data on their ability to help smokers quit.

The Food and Drug Administration has struggled for years to find the appropriate approach to regulating vaping. Under current law, all e-cigarettes are supposed to undergo an FDA review beginning in May. Only those that can demonstrate a benefit for U.S. public health will be permitted to stay on the market.

The flavor ban applies to e-cigarettes that use pre-filled nicotine cartridges mainly sold at gas stations and convenience stores.

Juul is the biggest player in that market, but it previously pulled all of its flavors except menthol and tobacco after coming under intense political scrutiny. Many smaller manufacturers continue to sell sweet, fruity flavors like “grape slushie,” “strawberry cotton candy” and “sea salt blueberry."

The flavor restrictions won't affect the larger specialty devices sold at vape shops, which typically don't admit customers under 21.

These tank-based systems allow users to fill the device with the flavor of their choice. Sales of these devices represent an estimated 40% of the U.S. vaping business, with sales across some 15,000 to 19,000 shops.

"Today's announcement taking a number of these flavors off the market, A number of products is actually a pretty huge step from what came before," said Perrone.

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space.

In the latest government survey, more than 1 in 4 high school students reported using e-cigarettes in the previous month, despite federal law banning sales to those under 18. Late last month Trump signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 nationwide.

New York - 18 September 2019

1. Various of people vaping

2. Various of products on a table

3. Vaping solution on shelf of store

Washington DC - 2 January 2020

4. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"The Trump administration is banning most flavors in small cartridge based e-cigarettes that are popular with teens, but they're keeping flavors available for products that a lot of adults use and that are sold in vape shops. This is a big step back from what Trump said he was going to do in September when he said that they going to ban all flavors in all types of products. There are a number of carve outs here that seem to be favorable to industry who have been lobbying him pretty aggressively in recent months, not to ban all these flavors."

Washington DC - 22 November 2019

5. President Donald Trump in listening session at the White House on vaping

Washington DC - 2 January 2020

6. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"When Trump first announced that he was planning to ban nearly all flavors, there was a lot more pressure on the federal government at the time. There was an outbreak of lung illnesses tied to vaping. We now know that that problem was tied to illegal marijuana based vaping products. So there's a little less pressure on the federal government now that that's been determined."

ARCHIVE: New York - 18 September 2019

7. Various of couple vaping

8. Various of people vaping

Washington DC - 2 January 2020

9. SOUNDBITE (English) Matthew Perrone, Associated Press Reporter:

"E-cigarettes and vaping have been pretty much unregulated in the US for many years, and FDA is still trying to figure out how exactly they're going to regulate this space. So today's announcement taking a number of these flavors off the market, a number of products is actually a pretty huge step from what came before."

ARCHIVE: Marietta, Georgia - 5 May 2016

10. Various of people smoking e-cigarette

Juul Labs is halting all U.S. advertising of its e-cigarettes and replacing its CEO amid a nationwide backlash against vaping.

The largest e-cigarette maker also said Wednesday it won't fight a sweeping ban on flavours proposed by the Trump administration to reverse a surge in underage vaping.

Juul's CEO will be replaced by a senior executive from Altria, the maker of Marlboro cigarettes.

Altria took a 35% stake in Juul in December at a cost of 13 billion US dollars.

The shake-up comes amid growing public furor over vaping that has triggered calls for tighter restrictions at the federal and state levels.

Massachusetts said Tuesday it will ban all vaping products for four months, the first such step in the country.

E-cigarettes have been largely unregulated since first arriving in the U.S. in 2007.

After multiple delays, the Food and Drug Administration has set a deadline of next May for manufacturers to submit their products for review.

The makers of e-cigarettes are now fighting to survive as they face two public health debacles linked to vaping: a mysterious lung illness and rising use of e-cigarettes by teenagers.

Juul's new chief, K.C. Crosthwaite, in a statement, said Juul has long focused on providing adult smokers with alternatives, but recognized that there's "unacceptable levels of youth usage and eroding public confidence in our industry."

Health experts generally consider e-cigarettes less harmful than traditional cigarettes because they don't contain all the cancer-causing byproducts of burning tobacco.

But there's virtually no long-term research on the health effects of the aerosol produced by vaping.

E-cigarettes generally heat a liquid with nicotine to create a vapour.

Public health officials are investigating hundreds of recent cases of the breathing ailment.

Most of the illnesses have involved vaping THC from marijuana, but officials have not yet implicated any common product or ingredient.

Meanwhile, underage vaping has reached epidemic levels, according to top government health officials.

In a government survey, more than 1 in 4 high school students reported using e-cigarettes in the previous month.

Federal law bans sales to those under 18.

Also on Wednesday, tobacco giants Altria and Philip Morris International said they were calling off merger talks a month after first floating a deal that would have created the world's largest tobacco company.

Altria's stake in Juul was considered a key factor in the deal.

And a combination with Philip Morris would have given Juul access to the tobacco company's global network and resources.

Juul's e-cigarettes first went on sale in 2015 and the company quickly propelled itself to the top of the market with a combination of high-nicotine pods, dessert and fruit flavours and viral marketing.

Today, the San Francisco company controls roughly 70% of the U.S. e-cigarette market.

In the last year, Juul tried to reposition itself as a brand for middle-age smokers looking to wean themselves off cigarettes.

But the FDA warned the company this month that its product hasn't yet been approved to help smokers quit.

Juul has tried to head off a crackdown with a series of voluntary steps, including halting retail sales of several flavours and shutting down its social media presence.

But political pressure has only increased.

The company now faces multiple investigations from Congress, several federal agencies - including the FDA - and state attorneys general.

Earlier this month, President Donald Trump said that the federal government will act to ban thousands of flavours used in e-cigarettes because they appeal to underage users.

Crosthwaite, who was Altria's chief growth officer, replaces Juul's CEO, Kevin Burns.

Altria and Philip Morris said last month that they were in discussions to become a single company, more than a decade after splitting into two as lawsuits mounted.

Altria has exclusively sold Marlboro cigarettes and other tobacco brands in the U.S., while Philip Morris has handled international sales.

Philip Morris International Inc. CEO André Calantzopoulos said Wednesday that the companies will instead focus on launching IQOS in the U.S. IQOS is a heat-not-burn cigarette alternative made by Philip Morris. Crosthwaite headed the development of IQOS.

New York - 18 September 2019

1. Various of a young couple vaping

2. Various of a woman vaping

New York – 1 September 2019

3. Man vaping

4. Woman walking and vaping

New York – 18 September 2019

5. Tight of man vaping

Richmond, Virginia – 22 March 2003

6. Phillip Morris' headquarters in Richmond

7. Various of tobacco cigarette production at Phillip Morris

8. Various of Phillip Morris website

New York – Date Unknown

9. Various exteriors of New York headquarters

Juul Labs is halting all U.S. advertising of its e-cigarettes and replacing its CEO amid a nationwide backlash against vaping.

The largest e-cigarette maker also said Wednesday it won't fight a sweeping ban on flavours proposed by the Trump administration to reverse a surge in underage vaping.

Juul's CEO will be replaced by a senior executive from Altria, the maker of Marlboro cigarettes.

Altria took a 35% stake in Juul in December at a cost of 13 billion US dollars.

The shake-up comes amid growing public furor over vaping that has triggered calls for tighter restrictions at the federal and state levels.

Massachusetts said Tuesday it will ban all vaping products for four months, the first such step in the country.

E-cigarettes have been largely unregulated since first arriving in the U.S. in 2007.

After multiple delays, the Food and Drug Administration has set a deadline of next May for manufacturers to submit their products for review.

The makers of e-cigarettes are now fighting to survive as they face two public health debacles linked to vaping: a mysterious lung illness and rising use of e-cigarettes by teenagers.

Juul's new chief, K.C. Crosthwaite, in a statement, said Juul has long focused on providing adult smokers with alternatives, but recognized that there's "unacceptable levels of youth usage and eroding public confidence in our industry."

Health experts generally consider e-cigarettes less harmful than traditional cigarettes because they don't contain all the cancer-causing byproducts of burning tobacco.

But there's virtually no long-term research on the health effects of the aerosol produced by vaping.

E-cigarettes generally heat a liquid with nicotine to create a vapour.

Public health officials are investigating hundreds of recent cases of the breathing ailment.

Most of the illnesses have involved vaping THC from marijuana, but officials have not yet implicated any common product or ingredient.

Meanwhile, underage vaping has reached epidemic levels, according to top government health officials.

In a government survey, more than 1 in 4 high school students reported using e-cigarettes in the previous month.

Federal law bans sales to those under 18.

Also on Wednesday, tobacco giants Altria and Philip Morris International said they were calling off merger talks a month after first floating a deal that would have created the world's largest tobacco company.

Altria's stake in Juul was considered a key factor in the deal.

And a combination with Philip Morris would have given Juul access to the tobacco company's global network and resources.

Juul's e-cigarettes first went on sale in 2015 and the company quickly propelled itself to the top of the market with a combination of high-nicotine pods, dessert and fruit flavours and viral marketing.

Today, the San Francisco company controls roughly 70% of the U.S. e-cigarette market.

In the last year, Juul tried to reposition itself as a brand for middle-age smokers looking to wean themselves off cigarettes.

But the FDA warned the company this month that its product hasn't yet been approved to help smokers quit.

Juul has tried to head off a crackdown with a series of voluntary steps, including halting retail sales of several flavours and shutting down its social media presence.

But political pressure has only increased.

The company now faces multiple investigations from Congress, several federal agencies - including the FDA - and state attorneys general.

Earlier this month, President Donald Trump said that the federal government will act to ban thousands of flavours used in e-cigarettes because they appeal to underage users.

Crosthwaite, who was Altria's chief growth officer, replaces Juul's CEO, Kevin Burns.

Altria and Philip Morris said last month that they were in discussions to become a single company, more than a decade after splitting into two as lawsuits mounted.

Altria has exclusively sold Marlboro cigarettes and other tobacco brands in the U.S., while Philip Morris has handled international sales.

Philip Morris International Inc. CEO André Calantzopoulos said Wednesday that the companies will instead focus on launching IQOS in the U.S. IQOS is a heat-not-burn cigarette alternative made by Philip Morris. Crosthwaite headed the development of IQOS.

New York - 18 September 2019

1. Various of a young couple vaping

2. Various of a woman vaping

New York – 1 September 2019

3. Man vaping

4. Woman walking and vaping

New York – 18 September 2019

5. Tight of man vaping

Richmond, Virginia – 22 March 2003

6. Phillip Morris' headquarters in Richmond

7. Various of tobacco cigarette production at Phillip Morris

8. Various of Phillip Morris website

New York – Date Unknown

9. Various exteriors of New York headquarters

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.

New York – January 2, 2020

1. Various of Babian in store

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

++PARTIALLY COVERED++

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 regulators pledged again Thursday to try to ban menthol cigarettes, this time under pressure from African American groups to remove the mint flavor popular among Black smokers.

The Food and Drug Administration has attempted several times to get rid of menthol but faced pushback from Big Tobacco, members of Congress and competing political interests in both the Obama and Trump administrations. Any menthol ban will take years to implement and will likely face legal challenges from tobacco companies.

Thursday's announcement is the result of a lawsuit filed by anti-smoking and medical groups last summer to force the FDA to finally make a decision on menthol, alleging that regulators had "unreasonably delayed" responding to a 2013 petition seeking to ban the flavor.

Dr. Karen Beard, a psychologist who is trained in smoking cessation, said it's potentially a big victory for Black public health.

"Banning menthol cigarettes now will take these products off the market," Dr. Beard said.  "It will also mean that the tobacco industry can no longer target African Americans with these mentholated cigarettes."

Dr. Jin Ho Yoon, a psychiatrist and behavioral sciences professor UT Health McGovern Medical School in Houston, said menthol cigarettes were targeted at African Americans because flavored tobaccos get smokers to consume more nicotine. He's studied smoking rates in communities of color.

"We know the impact is pretty clear. It's estimated that half of Black smokers wouldn't be smoking were it not simply for the availability of menthol cigarettes," Dr. Yoon said.

The deadline for the agency's response was Thursday. The FDA said it aims to propose regulations banning the flavor in the coming year and declined to speculate on when the rule would be finalized.

The action would also ban menthol and fruity flavors from low-cost, small cigars, which are increasingly popular with young people, especially Black teens.

Menthol is the only cigarette flavor that was not banned under the 2009 law that gave the FDA authority over tobacco products, an exemption negotiated by industry lobbyists. The act did, though, instruct the agency to continue to weigh banning menthol.

The flavor's persistence has infuriated anti-smoking advocates, who point to research that menthol's numbing effect masks the harshness of smoking, likely making it easier to start and harder to quit.

The mint-flavored cigarettes are overwhelmingly used by young people and minorities, particularly Black smokers, 85% of whom smoke menthols. That compares to about a third of white smokers.

++SOME SHOTS MUTE AT SOURCE++

Washington – 29 April 2021

1. People smoking in the city, African American man smoking cigarette

Charlotte, North Carolina – 25 July 2007

++MUTE++

2. File photo, packs of Kool cigarettes are shown at Charlie's Tobacco Outlet in Charlotte, N.C.

Los Angeles – 29 April 2021

++QUALITY AS INCOMING++

3. SOUNDBITE (English) Dr. Karen Beard, Certified Tobacco Treatment Specialist:

"Banning menthol cigarettes now will take these products off the market. It will also mean that the tobacco industry can no longer target African Americans with these mentholated cigarettes. We see that as a great move toward getting all tobacco products out of the community."

Washington – 29 April 2021

4. African American woman smoking outside of Washington DC Union Station

Los Angeles – 29 April 2021

++QUALITY AS INCOMING++

5. SOUNDBITE (English) Dr. Karen Beard, Certified Tobacco Treatment Specialist:

"They wouldn't do what they do if they weren't making money out of it. It's not that there's no rhyme nor reason, they did a lot of research to identify markets that would be easy to get into and that they could make a lot of money."

San Francisco - 17 May 2018

++MUTE++

6. File photo of packs of Newport cigarettes displayed at Ted's Market in San Francisco.

Raleigh, North Carolina - 26 July 2006

++MUTE++

7. Kool cigarettes, made by Reynolds American Inc., line the shelves at Smoker Friendly in Raleigh, N.C.

Houston – 29 April 2021

++QUALITY AS INCOMING++

8. SOUNDBITE (English) Dr. Jin Ho Yoon, UT Health, McGovern Medical School:

"We know the impact is pretty clear. It's estimated that half of Black smokers wouldn't be smoking were it not simply for the availability of menthol cigarettes."

Washington – 29 April 2021

9. Various, African American man smoking, talking on phone outside train station

Houston – 29 April 2021

++QUALITY AS INCOMING++

10. SOUNDBITE (English) Dr. Jin Ho Yoon, UT Health, McGovern Medical School:

"It makes people smoke cigarettes easier, right? It smoothens the experience, so what ends up happening is people take bigger drags, they absorb more nicotine. And in the end that's the name of the game for cigarettes, they want find a way to have take in as much nicotine as possible."

Washington – 29 April 2021

11. Various people on street, African American man smoking