Gov. Whitmer taking vaping case to the Supreme Court FOX 2 Detroit Supreme Court Upholds Ban on 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. US Supreme Court wrestles with FDA denial of flavored vape products Reuters 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. :