Under the Tobacco Control Act of 2009, the PMTA regulatory pathway is a mandatory process that the U.S. Food and Drug Administration (FDA) must enforce due to the need to protect the public health in the most scientifically-focused manner possible. The PMTA deadline was initially well-intentioned, but the law turned into a morass of bureaucratic red-tape that truly places innocent lives at risk. But, what happened to the so-called transparency of government and the equitable treatment of people, services, goods, and beliefs under the banner of tolerance and freedom?