Fight over flavored vapes lands at Supreme Court Roll Call Supreme Court Rules for the FDA in Flavored Vape Dispute The Supreme Court will rule whether the Food and Drug Administration has the authority to ban the sale of flavored vapes. In 2018, in the U.S. Surgeon General declared youth vaping an epidemic. : The Supreme Court on Wednesday handed a win to the Food and Drug Administration over its refusal to approve flavored e cigarettes. The FDA has said flavored vapes pose a health risk because they could Mass Tort News: Supreme Court Upholds Flavored Vape FDA and e cigarette makers argue before the Supreme Court over flavored vapes