FDA faces legal battle over flavored vaping rules California's Ban on Flavored Tobacco Upheld by US Supreme Court KQED 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 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. :