; and (II) is a tobacco product; or (ii) a mixture that— (I) contains nicotine or other substances that can be aerosolized and inhaled by the user; and (II) is a tobacco product. (B) Exclusion The term electronic nicotine delivery system does not include any product that— (i) has been approved or otherwise authorized by the Food and Drug Administration for the purpose of sale as a tobacco cessation product or for other therapeutic purposes; and (ii) is marketed and sold solely for such purpose or purposes. (5) Endorse The term endorse means to communicate an advertising message (including a verbal statement, demonstration, or depiction of the name, signature, likeness, or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by such party are identical to those of the sponsoring advertiser. (6) Nicotine The term nicotine has the meaning given such term in section 900 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 ). (7) Smokeless tobacco The term smokeless tobacco has the meaning given such term in section 900 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 ). (8) Tobacco product The term tobacco product has the meaning given such term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).