Let's get over the "it's still a legal product" rationalization. History has shown us not everything that is legal is right. Slavery, denying women the right to vote, child labor and wife-beating were also legal at one time.
Congress should have made The Family Smoking Prevention and Tobacco Control Act of 2009 more comprehensive with greater latitude given to the FDA (such as prohibit the sale of tobacco products unless prescribed by a medical professional), however, there are too many members of the House and Senate that are recipients of lucrative contributions from the tobacco industry and its fronts so that will be difficult to eradicate.
In the meantime, the factual (although somewhat in your face) message that smoking will kill you that was ordered on cigarette packs as of September will probably be delayed but will become part of the nation's landscape as soon as the appeal of Judge Leon's is overturned.