Supreme Court grapples with FDA's refusal to approve flavored vapes US Supreme Court Weighs in on Vaping Harris Sliwoski LLP FDA and e cigarette makers argue before the Supreme Court over flavored vapes 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 Supreme Court hears oral arguments on FDA rejection of flavored vapes