Another aspect of the July announcement that got the e-cig industry’s attention was the plan to issue an ANPRM seeking public comments on flavors—both the role flavors play in attracting youth and if they could play a role in encouraging smokers to transition to less harmful products.

“This is the first time the FDA [is saying they] want to see what role flavors play in the importance of adult smokers wanting to quit,” said Gregory Conley, president of the American Vaping Association, Stratford, Conn.

The vaping segment isn’t the only one that would be affected by flavor regulations: The FDA specifically cited menthol in the flavors its gathering comments on. That means menthol regulations could still be on the table.

“It’s interesting that flavors and menthol were only mentioned once in this announcement,” said Bonnie Herzog, managing director of consumer equity research for Wells Fargo Securities, New York. “I don’t think an outright ban is likely.”