Family Smoking Prevention and Tobacco Control Act: FDA "Misbranding" Vaping

To quote the Family Smoking Prevention and Tobacco Control Act (2009):

"Section (903): 
    "(a) In General.--A tobacco product shall be deemed to be misbranded--

   "(1) if its labeling is false or misleading in any particular;

   "(2) if in package form unless it bears a label containing--

     "(A) the name and place of business of the tobacco product manufacturer, packer, or distributor;

     "(B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count;

     "(C) an accurate statement of the percentage of the tobacco used in the product that is domestically grown tobacco and the percentage that is foreign grown tobacco; and

     "(D) the statement required under section 920(a),"

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."