Supreme Court Weighs FDA Ban on Sweet Vapes Amid Youth Vaping Spike Newsweek 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 Takes Up Flavored Vapes Case Supreme Court to Hear Major Vape Case: Triton vs. FDA Supreme Court hears oral arguments on FDA rejection of flavored vapes