Vape Ban Overturned Supreme Court To Hear Case Challenging FDA's Ban Of Flavored Vapes Are Vapes Illegal In Utah The Supreme Court on Wednesday handed a win to the Food and Drug Administration over its refusal to approve flavored e cigarettes. 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. Utah's Flavored Vape Ban Could End with New Bill Ecigator