Supreme Court Sides With FDA on Flavored Vape Denials Supreme Court Sides with FDA on Blocking Flavored Vapes The Daily Upside Supreme Court Overturns Lower Court's Ruling That FDA Can't Block Vape Makers From Selling Flavored Products Law Commentary 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.