34 



One of our colleagues said we have known for some time that 

 they could deal with the nicotine levels in cigarettes, but I don't 

 think any of us have any idea of the sophisticated techniques that 

 the tobacco industry has had at its disposal to play around with 

 these nicotine levels. They could figure out exactly the level needed 

 to hook people, to get them addicted so that most people will find 

 it very difficult to quit. 



I found that astounding when you think 400,000-plus people die 

 every year from cigarette smoking, all which that involves in terms 

 of pain and suffering for the people and their families, and all the 

 costs that are incurred for health care costs to treat them, to try 

 to save them and prolong their lives, sometimes with som.e misery. 



I really don't know what to say about such a thing. I guess we 

 have to go through the technical questions of legality, whether this 

 was intended or not for you to decide whether you have jurisdic- 

 tion. It is a question also for those of us who are here as people's 

 representatives, whether we should leave this industry on its own 

 to be so cynical in manipulating the nicotine levels. 



Let me just lay some things out to understand clearly what we 

 are talking about. 



Tobacco is an extremely serious health hazard. It killed 430,000 

 people last year; is that correct? 



Mr. Kessler. That is correct. 



Mr. Waxman. Second, nicotine and tobacco is an addictive sub- 

 stance. It has all the hallmarks of addiction. Nicotine is why people 

 who want to quit smoking can't quit; is that correct? 



Mr. Kessler. That is correct. 



Mr. Waxman. Third, nicotine has drug-like qualities, it has phys- 

 iological effects. In the words of the Food, Drug and Cosmetic Act, 

 it affects the structure and function of the body; is that correct? 



Mr. Kessler. It certainly has those physiological effects. 



Mr. Waxman. Until 1902, the Coca-Cola Company added cocaine 

 to coke. Today, such a company would not think of adding cocaine 

 or any other addictive substance to soft drinks. 



Isn't it true that the Food and Drug Administration would not 

 approve addictive levels of nicotine as an additive which could be 

 added to food? 



Mr. Kessler. Right, Mr. Chairman. The Coca-Cola Company in 

 that time period sent their coca leaves to the Shaffer Alkaloid 

 Works in Maywood, N.J. to have them decocainized. We would not 

 allow addictive substances to be in any product that we regulate 

 without the most tight regulation. 



Mr. Waxman. Coca-Cola Company removed cocaine 



Mr. Kessler. Right before the 1906 Act. 



Mr. Waxman. You testified that nicotine could be removed from 

 cigarettes, and it is possible to duplicate the taste of nicotine. 



I realize you are not ready to make a final decision, but are you 

 aware of any significant, reliable evidence that would support the 

 proposition that the manufacturers leave nicotine in cigarettes for 

 any reason other than addiction? 



Mr. Kessler. No. 



Mr. Waxman. Dr. Kessler, on the critical issue of the industry's 

 intent, have you found any studies by the tobacco industry that 



