Companies and trade groups are weighing the risks of fighting a proposed ban on most flavored vaping products, to protect mint and menthol varieties.
But a day after Alex M. Azar II, the health and human services secretary, said the Food and Drug Administration would draft a plan within weeks that would remove flavored e-cigarettes and nicotine pods from the market, there were already signs that some companies were considering legal challenges or lobbying efforts to keep two flavors safe — mint and menthol.
One Juul official said the company was deliberating whether to challenge the proposed restrictions specifically on those two flavors.
When Juul stopped selling fruit flavors like mango in retail stores last year, Kevin Burns, the company’s chief executive, said he wanted to keep mint and menthol varieties on the market, because they mirrored the tastes of traditional cigarettes.
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