As used in this section, "
tobacco product" means:
6 (I) Any product that contains NICOTINE OR
tobacco or is derived
7 from tobacco and is intended to be ingested or inhaled by or applied to the
8 skin of an individual; OR
9 (II) ANY CARTRIDGE THAT IS DESIGNED TO DELIVER INHALED
10 DOSES OF ANY SUBSTANCE CONTAINING ANY AMOUNT OF NICOTINE.
11 (b) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (a) OF THIS
12 SUBSECTION (5) TO THE CONTRARY, "tobacco product" does not mean any
13 product that the food and drug administration of the United States
14 department of health and human services has approved as a tobacco use
15 cessation product.