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?
(g)
(1)
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 than
food) 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, or
dietary 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.
