New York's ban on flavored e-cigarettes is still held up in court. This time they may expand to menthol e-cigarette flavoring.

WHAM13 reports that the state's Public Health and Health Planning Council voted to keep the emergency ban on the books for another 90 days. By doing this, the state is looking to expand the band on other products:

A spokeswoman for the Department of Health said a vote to keep it alive would make sure New York has the emergency regulations on the books if the courts uphold the ban. "While our scheduled enforcement of this ban has been delayed by pending litigation, we are confident that the court will agree that this is a public health emergency demanding immediate action to help ensure the wellbeing of our children," spokeswoman Jill Montag said.

New York's prohibition covering flavored e-cigarettes and other vaping products except for menthol and tobacco flavors went into effect immediately.

Democratic Gov. Andrew Cuomo has said he would move to expand New York's flavor ban to include menthol. Anti-tobacco and -vaping groups say there's no scientific basis for leaving menthol alone.

The Centers for Disease Control and Prevention says nearly 2,300 confirmed and probable cases of lung illnesses and 48 deaths nationwide have been attributed to vaping.

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