33 



change in nicotine has not been the same as the proportional 

 change in tar for each of the years from 1982 to 1991. In fact, these 

 data suggest that the amount of tar over this time period has re- 

 mained relatively flat while the proportional amount of nicotine 

 has not. Rather, nicotine levels in smoke appear to increase over 

 the last decade. 



The next graph (Q) shows percent changes in nicotine and tar 

 levels from their average 1982 levels for low-tar cigarettes. The 

 next graph (R) displays the information for hig'h-tar cigarettes. And 

 the next graph (S) provides similar information for ultra low-tar 

 cigarettes. 



All three categories clearly suggest that tar and nicotine levels 

 in smoke are not following parallel patterns over the last decade. 



The final graph (U) summarizes in a different fashion the pre- 

 vious graphs by showing the nicotine/tar ratios are not identical in 

 the three categories of cigarettes. Why not? 



We feel these data call into question Mr. Spears's conclusion and 

 require further explanation. 



Mr. Chairman, the evidence I have presented today suggests that 

 cigarette makers may intend the obvious, that most smokers buy 

 cigarettes to satisfy their nicotine addiction. We do not yet have all 

 the evidence necessary to establish cigarette manufacturers's in- 

 tent. As we reconsider our traditional assumptions about nicotine 

 in cigarettes, we will need to determine whether nicotine-contain- 

 ing cigarettes meet the statutory definition of a drug. 



As I mentioned earlier, intent is a key issue. It should be clear, 

 however, that in determining intent, what cigarette manufacturers 

 say can be less important than what they do. The fact that the 

 technology is available to reduce the nicotine to less than addictive 

 levels is relevant in determining manufacturers's intent. 



Clearly, the possibility of FDA exerting jurisdiction over ciga- 

 rettes raises many broader social issues for Congress to con- 

 template. It could lead to the possible removal of nicotine-contain- 

 ing cigarettes from the market, the limiting of the amount of nico- 

 tine in cigarettes to levels that are not addictive, or restricting ac- 

 cess to them, unless the industry , could show that nicotine-contain- 

 ing cigarettes are safe and effective. 



If nicotine were removed precipitously, millions of Americans 

 would experience addiction withdrawal. Of course, a black market 

 in cigarettes could develop. 



On these issues we seek guidance from the Congress. 



Thank you. 



[The prepared statement of Dr. Kessler begins on p. 71.] 



Mr. Waxman. Thank you, Mr. Commissioner. Dr. Kessler, with- 

 out objection, I am going to recognize each member on this first 

 round for 10 minutes; any subsequent round, for 5 minutes if it is 

 necessary. 



Dr. Kessler, you have laid out a really astounding picture, not 

 only of the tobacco companies manipulating the levels of nicotine, 

 but by doing that, manipulating the American people who take up 

 cigarette smoking. We are not talking about a choice any longer if 

 it is an addiction. They have the ability to manipulate the nicotine 

 which evidently causes the addiction to smoking itself. 



