(AP) --  New York's ban on flavored e-cigarettes is still held up in court, but the state is moving to keep it alive and could also expand it to include menthol.

The state's Public Health and Health Planning Council voted Thursday to keep the emergency ban on the books for another 90 days.

The council had approved the ban in September, but a state appeals court blocked the state from enforcing it in October.

Critics sued the state over the ban, calling it governmental overreach that would hurt small businesses.

Some adult smokers said flavors help them quit.