I'm pretty sure they technically are but no one cares enough to stop their sale. Obama banned "vape flavorings targeting children" which all of them seem to be. I've only seen them for sale in vape/tobacco shops. Places that get regulated, like gas stations, aren't carrying them. At least around where I am in the USA.
Edit. Doing further research... I guess they didn't?
The only negative opinions I care about for gaming usually come from Stephanie Sterling, because she's pretty much right every time.