I believe the FDA is just making a Distinction between a Tobacco "
Accessory" and a "
Tobacco Product".
And No... all Accessories after the Predicate Date are Not "Tobacco Products".
III. DEFINITIONS
For the purposes of this guidance, FDA intends to use the following definitions:
Accessory means any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product; does not contain tobacco and is not made or derived from tobacco; and meets either of the following:
(1) Is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco product; or
(2) Is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco product but
(i) Solely controls moisture and/or temperature of a stored tobacco product; or
(ii) Solely provides an external heat source to initiate but not maintain combustion of a tobacco product.
(21 CFR 1100.3)
“Composition,” as used in this definition, means the manner in which the materials, including, for example, ingredients, additives, and biological organisms (e.g., micro-organisms added for fermentation in smokeless products), are arranged and integrated.
Examples of objects used with ENDS (including e-cigarettes) that would likely be considered accessories include screwdrivers and lanyards.
https://www.fda.gov/media/102420/download