US Supreme Court Weighs in on Vaping Harris Sliwoski LLP 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 U.S. Supreme Court backs up FDA rejection of marketing flavored vapes to youth UPI.com