Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(b) tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(c) any roll of tobacco that is wrapped in any substance containing tobacco and that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (a) above