I'm reading the FDA article linked in the OP and it appears that it's just a draft to be used as guidance for people selling health and beauty products.
<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">The Food and Drug Administration (FDA) is announcing the<br>
availability of a draft guidance for industry entitled ``Complementary<br>
and Alternative Medicine Products and Their Regulation by the Food and<br>
Drug Administration.''</td>
</tr></table></div>
It appears that people are getting confused at what is to be classified a drug or otherwise and this is just a booklet to advise those interested in finding out if their products are regulated by the FDA or not.
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<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">In recent years, the practice of complementary<br>
and alternative medicine (CAM) has increased in the United States, and<br>
we have seen increased confusion as to whether certain products used in<br>
CAM are subject to regulation under the Federal Food, Drug, and<br>
Cosmetic Act (the act) or Public Health Service Act (PHS Act).</td>
</tr></table></div>
<a href="http://www.fda.gov/OHRMS/DOCKETS/98fr/E7-3259.htm" target="_blank">Link From My Quoted Sections</a>