US Supreme Court Declines to Hear Challenge to California's Flavor Ban Regulatory Oversight California's flavored tobacco ban won't be blocked by supreme court The Supreme Court will examine whether the FDA unlawfully blocked the marketing and sale of more than a million new sweet and candy flavored nicotine products in recent years. Over 1.6 million 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.