In A.B. Small Co. v. American Sugar Refining Co., 267 U.S. 233, 45 S.Ct. 295, 69 L.Ed. 589 (1925), the Supreme Court stated the rationale for applying vagueness analysis to non-penal regulation: It was not the criminal penalty that was held invalid, but the exaction of obedience to a rule or standard so vague and indefinite as really to be no standard at all. Any other means of exaction, such as declaring the transaction unlawful or stripping a participant of his rights under it, was equally within the principle of those cases. (Id. at 239, 45 S.Ct. at 297.)