8 



Did the Commissioner and his staff fail to consult with the Office 

 of Smoking and Health before he unloaded his heavy artillery 

 against the tobacco industry? Did he and his staff fail to consult 

 the relevant Surgeon General's reports and the relevant literature 

 on the reconstitution process? Obviously he failed to consult with 

 the manufacturers themselves. 



In short, Dr. Kessler failed to do his homework. He chose to 

 shoot first and ask questions later. In a similar vein, I have noted 

 Assistant Secretary Lee announced last week in a congressional 

 hearing that the FDA had asked the Department of Justice to in- 

 vestigate the alleged manipulation of nicotine in cigarettes, only to 

 have HHS issue a correction explaining that no such referral had 

 occurred. 



I know the tobacco industry is not very popular in some quarters, 

 but that does not excuse Federal officials from their duty to pro- 

 ceed cautiously and responsibly before leveling serious accusations. 

 Commissioner Kessler has not done so in this instance. 



I view this hearing as an opportunity for Dr. Kessler to explain 

 his precipitous and reckless conduct and to set the record straight. 



Thank you, Mr. Chairman. 



[The article from the New England Journal of Medicine follows:] 



