Weasel words indeed. Similar stuff for an earlier case where they got someone selling balloons at a concert, that were then filled with nitrous oxide (but not by the balloon vendor). Using this 'rationale':
They can use - “any . . . relevant source,” including but not limited to the product’s labeling, promotional claims, and advertising"
And:
"To establish a product’s intended use, FDA is not bound by the manufacturer or
distributor’s subjective claims of intent, but rather can consider objective evidence, which may
include a variety of direct and circumstantial evidence. Thus, FDA may also take into account
any circumstances surrounding the distribution of the product or the context in which it is sold.