ATS Calls out FDA, White House for Backtracking on Total Flavored Vape Ban Respiratory Therapy What vape products are still allowed under the new e cigarette policy? The FDA opened a path that could let major tobacco companies sell flavored vapes legally in mainstream U.S. stores again. The New York Times reports the shift follows a flood of illicit Supreme Court rules for the FDA in flavored vapes dispute Supreme Court to review FDA handling of flavored e cigarettes