Vape Ban Overturned Supreme Court To Hear Case Challenging FDA's Ban Of Flavored Vapes Are Vapes Illegal In Utah 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. US Supreme Court Declines to Hear Challenge to California's Flavor Ban Regulatory Oversight 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. :