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A man smokes an e-cigarette in New York in 2017.  Photo: Jewel Samad/AFP/Getty Images

A state appellate court blocked New York's ban on all flavored electronic cigarettes the first week of October, preventing New York from becoming the second state to put such a ban in place, the Wall Street Journal reports.

The big picture: The Food and Drug Administration announced last month that it was finalizing plans to pull all flavored e-cigarette cartridges from the market. Massachusetts currently has the harshest vaping ban in U.S.

  • 20 people have died from a lung-related illness linked to vaping as of Oct. 8 — including a 17-year-old male in New York. Several of those fatalities "involved a middle-aged or older person," per the Washington Post.
  • Vaping "is getting young people addicted to nicotine," Gov. Andrew Cuomo said.
It is undeniable that vaping companies are deliberately using flavors like bubblegum ... to get young people hooked on e-cigarettes — it's a public health crisis and it ends today."
— New York Gov. Andrew Cuomo statement

Context: Juul, one of the most popular e-cigarette brands, stopped selling flavored cartridges in retail stores that do not ask for age verification in 2018. The company still sells several flavors online and in smoke shops.

What they're saying: Cuomo said while originally announcing New York's ban, "The only situation, in my mind, factually, that justifies vaping is if you had a person who said 'I currently smoke and I have tried every other device to stop smoking. I've tried everything. Nothing has worked, except vaping.'"

  • A Juul spokesperson told Axios, in response to the Trump administration's push to crack down on flavored e-cigarettes, that the company strongly agreed with the need for aggressive category-wide action on flavored products.
"We will fully comply with the final FDA policy when effective."
— Juul spokesperson

Go deeper: Nicotine addictions increasingly driving vape users back to cigarettes

Editor's note: This story has been updated with the current death toll for a lung-related illness linked to vaping, and to reflect that a state court blocked the New York ban.

Go deeper

S&P 500 slides into correction territory

Data: FactSet; Chart: Axios Visuals

Stocks suffered their worst drop of the year, pushing the S&P 500 on track to fall into a "correction."

Driving the news: The benchmark S&P 500 dropped for its fifth straight day, with losses nearing 3% in early trading.

Updated 50 mins ago - Politics & Policy

Omicron dashboard

Illustration: Aïda Amer/Axios

  1. Health: Fauci: "Confident" Omicron cases will peak in February — FDA OKs antiviral drug remdesivir for non-hospitalized patients — Walensky: CDC language "pivoting" on "fully vaccinated."
  2. Vaccines: The shifting definition of fully vaccinated — Annual vaccine preferable to boosters, says Pfizer CEO — Team USA 100% vaccinated ahead of Beijing Olympics.
  3. Politics: Virginia school boards sue Gov. Youngkin for lifting mask mandate — Gonzaga University revokes NBA great John Stockton's tickets over mask stance — Arizona governor sues Biden administration over funds tied to mandates.
  4. World: Beijing Olympic Committee lowers testing threshold ahead of Games — Beijing officials urge "emergency mode" before Winter Olympics — Austria approves vaccine mandate for adults.
  5. Variant tracker

Supreme Court agrees to hear challenge to affirmative action at Harvard, UNC

Photo: Al Drago/Getty Images

The Supreme Court on Monday agreed to hear a pair of cases challenging the consideration of race in the college admissions processes.

Why it matters: The conservative high court's ruling could determine the future of affirmative action in higher education.