"(a) In General.--A tobacco product shall be deemed to be misbranded--
The deeming regs say "programmable software" must be labeled as a "tobacco product."
It's also interesting me that the we must put the percentage (underlined by me in the above quote) of US and foreign tobacco used in "programmable software" (or eliquid for that matter - which is the chemical compound nicotine, not tobacco).
Somehow the FDA escapes the need to follow Section 903 in the deeming regs - software isn't a "tobacco product" nor does it contain physical tobacco.
Software is actually made up of electrons.
It would surely seem that this labeling of software would be "false."