Supreme Court backs FDA ban on flavored vapes: What next? Fight over flavored vapes lands at Supreme Court Roll Call Supreme Court grapples with FDA's refusal to approve flavored vapes Supreme Court hears arguments over FDAs refusal to approve flavored vapes 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.