Absolutely incorrect, I have no idea where you heard that slop. The FDA regulates and schedules substances and products purely based on intended uses and product claims, it does not have to call it or label it something in order to begin regulating it, it’s the opposite, if a product appears and makes claims, it gets scrutinized and may become regulated or scheduled, and if uses and problematic cases appear that also can trigger regulation or scheduling.

https://www.fdli.org/2023/02/ftc-and-nad-remind-industry-of-their-authority-over-all-health-product-advertising-including-rx/

Uhhh, nope. The FDA can and does regulate whatever the hell they want. Nobody is pretending that ice cream is a health product, but it's still regulated, isn't it?