new tobacco product
(1) New tobacco product defined For purposes of this section the term “new tobacco product” means— (A) any tobacco product (including those products in test markets) that was not commercially marketed in the United States as of February 15, 2007 ; or (B) any modification (including a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery or form of nicotine, or any other additive or ingredient) of a tobacco product where the modified product was commercially marketed in the United States after February 15, 2007 .