The law is tricky, varies by state, and I think people are worried about falling on the wrong side of it. For example, here's what NJ uses to describe which goo

The law is tricky, varies by state, and I think people are worried about falling on the wrong side of it. For example, here's what NJ uses to describe which goods are covered: "which is consumed or used to preserve, protect, or sustain the life, health, safety or comfort of persons or their property". This could include many things we consider "non-essential". Additionally, they're probably worried about public perception, even if it might be strictly legal.