Very sorry, I was thinking of kcups. I am not a coffee drinker and the coffee lingo is not natural to me . Apparently some kcups, regular and decaf are legal. But, Kcups aren't instant coffee.
You are right - instant coffee, to my knowledge, is still illegal.
I am not sure why. It may have been that Elaine was concerned about additions to coffee during the spray and freeze drying process that may be present in the final product.