‘‘(2) The term ‘tobacco product’ does not mean an arti-
cle that is a drug under subsection (g)(1), a device under 
subsection (h), or a combination product described in sec-
tion 503(g). 
‘‘(3) The products described in paragraph (2) shall be 
subject to chapter V of this Act. 
‘‘(4) A tobacco product may not be marketed in com-
bination with any other article or product regulated under 
this Act (including a drug, biologic, food, cosmetic, medical 
device, or a dietary supplement).’’. 
(b) FDA AUTHORITY OVER TOBACCO PRODUCTS.— 
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.) is amended— 
(1) by redesignating chapter IX as chapter X; 
(2) by redesignating sections 901 through 910 as 
sections 1001 through 1010; and 
(3) by inserting after chapter VIII the following: 
‘‘CHAPTER IX—TOBACCO PRODUCTS 
‘‘SEC. 900. DEFINITIONS. 
‘‘In this chapter: 
‘‘(1) ADDITIVE.—The term ‘additive’ means any 
substance the intended use of which results or may 
reasonably be expected to result, directly or indirectly, 
in its becoming a component or otherwise affecting 
the characteristic of any tobacco product (including 
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any substances intended for use as a flavoring or 
coloring or in producing, manufacturing, packing, 
processing, preparing, treating, packaging, trans-
porting, or holding), except that such term does not 
include tobacco or a pesticide chemical residue in or 
on raw tobacco or a pesticide chemical. 
‘‘(2) BRAND.—The term ‘brand’ means a variety 
of tobacco product distinguished by the tobacco used, 
tar content, nicotine content, flavoring used, size, fil-
tration, packaging, logo, registered trademark, brand 
name, identifiable pattern of colors, or any combina-
tion of such attributes. 
‘‘(3) CIGARETTE.—The term ‘cigarette’— 
‘‘(A) means a product that— 
‘‘(i) is a tobacco product; and 
‘‘(ii) meets the definition of the term 
‘cigarette’ in section 3(1) of the Federal Cig-
arette Labeling and Advertising Act; and 
‘‘(B) includes tobacco, in any form, that is 
functional in the product, which, because of its 
appearance, the type of tobacco used in the filler, 
or its packaging and labeling, is likely to be of-
fered to, or purchased by, consumers as a ciga-
rette or as roll-your-own tobacco. 
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‘‘(4) CIGARETTE TOBACCO.—The term ‘cigarette 
tobacco’ means any product that consists of loose to-
bacco that is intended for use by consumers in a ciga-
rette. Unless otherwise stated, the requirements appli-
cable to cigarettes under this chapter shall also apply 
to cigarette tobacco. 
‘‘(5) COMMERCE.—The term ‘commerce’ has the 
meaning given that term by section 3(2) of the Fed-
eral Cigarette Labeling and Advertising Act. 
‘‘(6) COUNTERFEIT
TOBACCO
PRODUCT.—The 
term ‘counterfeit tobacco product’ means a tobacco 
product (or the container or labeling of such a prod-
uct) that, without authorization, bears the trademark, 
trade name, or other identifying mark, imprint, or 
device, or any likeness thereof, of a tobacco product 
listed in a registration under section 905(i)(1). 
‘‘(7) DISTRIBUTOR.—The term ‘distributor’ as 
regards a tobacco product means any person who fur-
thers the distribution of a tobacco product, whether 
domestic or imported, at any point from the original 
place of manufacture to the person who sells or dis-
tributes the product to individuals for personal con-
sumption. Common carriers are not considered dis-
tributors for purposes of this chapter. 
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