(4)(a) "Alternative nicotine product" means, subject to 104
division (A)(4)(b) of this section, an electronic cigarette or any 105
other product or device that consists of or contains nicotine that 106
can be ingested into the body by any means, including, but not 107
limited to, chewing, smoking, absorbing, dissolving, or inhaling. 108
(b) "Alternative nicotine product" does not include any of 109
the following: 110
(i) Any cigarette or other tobacco product; 111
(ii) Any product that is a "drug" as that term is defined in 112
21 U.S.C. 321(g)(1); 113
(iii) Any product that is a "device" as that term is defined 114
in 21 U.S.C. 321(h); 115
(iv) Any product that is a "combination product" as described 116
in 21 U.S.C. 353(g). 117
(5)(a) "Electronic cigarette" means, subject to division 118
(A)(5)(b) of this section, any electronic product or device that 119
produces a vapor that delivers nicotine or any other substance to 120
the person inhaling from the device to simulate smoking and that 121
is likely to be offered to or purchased by consumers as an 122
electronic cigarette, electronic cigar, electronic cigarillo, or 123
electronic pipe. 124
(b) "Electronic cigarette" does not include any item, 125
product, or device described in division (A)(4)(b)(i) to (iv) of 126
this section.