The thing about my original quote is that it is FD&C basically saying, " We don't have jurisdiction over drugs; that's under FDA's purview." And FDA may have their own definition of tobacco products. So then why does FDC even have regulations about it in the first place. Weird shit.Geez, now one has to find out if whole leaf tobacco is recognized in the United States Pharmacopoeia, since perhaps this excludes whole leaf tobacco?
The term “drug” means (A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplementto any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other thanfood) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specified in clause (A), (B), or (C). A food or dietary supplementfor which a claim, subject to sections 343(r)(1)(B) and 343(r)(3) of this title or sections 343(r)(1)(B) and 343(r)(5)(D) of this title, is made in accordance with the requirements of section 343(r) of this title is not a drug solely because the label or the labeling contains such a claim. A food, dietary ingredient, ordietary supplement for which a truthful and not misleading statement is made in accordance with section 343(r)(6) of this titleis not a drug under clause (C) solely because the label or the labeling contains such a statement.