Under the Federal Food, Drug, and Cosmetic Act, a "drug" is defined partly by intended use. An article intended to diagnose, cure, mitigate, treat or prevent disease, or intended to affect the structure or function of the body, is a drug in the statutory sense whatever its chemistry. Introducing an unapproved new drug into interstate commerce is prohibited, and so is misbranding.
Intended use is established by evidence, and marketing is the primary evidence. Dosing tables, protocol suggestions, before-and-after imagery, testimonials describing personal results and outcome language in product copy all speak to intended use. This is why "research use only" is not a magic phrase that neutralizes a sale: it is a description of which side of the line a sale sits on, and it can be contradicted by everything else on the page.
A second point specific to the US market: most research peptides also fail to qualify as dietary supplements under DSHEA, because a substance investigated as a new drug before being marketed as a supplement is generally excluded from the definition. Selling them as supplements is a distinct problem from selling them as drugs, and the FDA has said so in warning letters across this category.