They did, but I'm not sure that applies in this case unless for some reason OpenAI signed a deal with SAG. Otherwise, they aren't beholden to any protections not afforded by the law.
At least, AFAIK. Someone with more legal knowledge should probably chime in
You had me until "limited flavor", why? How is the alcohol industry allowed to create insane flavors (blue raspberry, literally any fruit, rocket popsicle, etc) but the tobacco industry can't? Makes no sense.
Adults should be allowed to enjoy things they want to. Perhaps if the government was stricter with id laws and online ordering we wouldn't be in this situation. There are far too many shops I've seen that don't check ID and THAT is how kids are getting them. The flavors have nothing to do with it (remember, terrible flavors didn't stop kids of the 80s from smoking).
IMO it has more to do with online glorification than anything else