Vape Ban Overturned Supreme Court To Hear Case Challenging FDA's Ban Of Flavored Vapes Are Vapes Illegal In Utah Retailers In Mass. Banned From Selling Flavored Vapes GBH Supreme Court to hear case involving FDA denial of flavored vape products Supreme Court backs FDA ban on flavored vapes: What next? A unanimous Supreme Court overturned a lower court ruling and found the FDA acted lawfully when it blocked two vaping companies from marketing fruity and dessert flavored liquids for their electronic nicotine products. 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. :