US Supreme Court Weighs in on Vaping Harris Sliwoski LLP SCOTUS sides with the FDA in dispute over sweet flavored vaping products STAT With e cigarettes and flavored vapes booming in popularity, the Supreme Court on Monday will examine whether the FDA unlawfully blocked the marketing and sale of more than a million new sweet and 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. :