At the moment that's how it works, but there's a movement afoot to close the loophole of "dietary supplements" being sold as food products.
This would affect (for instance) any beverage in a 12oz can, since it can be construed that it's a normal part of ones diet as presented. It would not affect a shot sized package because that is clearly not packaged to be used as the liquid part of an ordinary diet, etc.
I'm not making this up. It's real and would affect Koma Unwind as it's currently formulated and sold.