Dave,
I recall talking to Jonathan Drew about this back when the law was passed and if it could effect Drew Estates, and you are exactly correct, according to Jon, it is the tobacco wrapper that defines a cigar versus a cigarette in this case.
I would suspect that if that barrier ever falls, there will be lawsuits regarding expanding the definitions by the use of chemical flavorants versus natural flavor agents, hand made/machine made, chopped filler/long filler, natural product versus HTL, etc...