We'll have to draw, as in most things, an arbitrary line by consensus. Spinach is on one side, sugar on another, Milk is on spinach's side, tobacco on sugar's, and so on.
This is stuff that we should decide as a society to keep ourselves safe from corporate psychopaths.
Why not? In fact, why not go even further and enforce that all websites have only a black serif (or monospace) font on a white background? No more screaming colors, moving parts, confusing adverts - just plain content.