https://www.fda.gov/cosmetics/guidanceregulat...127406.htm
and then the link
https://www.fda.gov/Cosmetics/GuidanceRegulat...074201.htm
The statement The FD&C Act defines drugs, in part, by their intended use, as "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease".
So if they want to advertise the benefits in mitigating or even curing they would have to be listed as a drug?