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But you are right, Hans wrote there it is very similar to the design of the cigarette package

Thats because flavors play a significant role in influencing tobacco use or experimentation among youth and young adults, who use flavored tobacco products more than any other age groups

He notes that the FDA "initially asked companies what they would do to prevent the marketing of their products to children," but the agency later decided "it didn't think any restrictions on marketing would do enough so it stopped looking at those." Basically, the companies claim that because the specific demands of the agency have been a moving target, the rules are arbitrary and capricious in violation of federal administrative law

"Concerns About the March of Dimes"