REGULATION OF TOBACCO PRODUCTS 



FRIDAY, MARCH 25, 1994 



House of Representatives, 

 Committee on Energy and Commerce, 

 Subcommittee on Health and the Environment, 



Washington, DC. 



The subcommittee met, pursuant to notice, at 9:45 a.m., in room 

 2123, Raybum House Office Building, Hon. Henry A. Waxman 

 (chairman) presiding. 



Mr. Waxman. This morning the subcommittee will hear testi- 

 mony about a drug addiction which claims the lives of 430,000 

 Americans each year. The drug is nicotine and Americans ingest it 

 by smoking. 



In 1988 the Surgeon General concluded that nicotine addiction 

 was one of the most important health consequences of smoking. 

 The 1988 report concluded that cigarettes and other forms of to- 

 bacco are addicting, nicotine is the ingredient in tobacco that 

 causes addiction, tobacco addiction shares important similarities to 

 addiction to drugs such as heroin and cocaine. 



Four weeks ago, the Commissioner of the Food and Drug Admin- 

 istration announced evidence exists that tobacco manufacturers 

 have engaged in the deliberate manipulation of nicotine content in 

 order "to satisfy an addiction on the part of their customers." 



If substantiated, the implications of such a finding are profound 

 and could dramatically impact the availability of tobacco products 

 in the United States. According to Commissioner Kessler, the clas- 

 sification of nicotine in tobacco products as "drugs" could result in 

 removal from the market of tobacco products containing nicotine. 



This morning, we have asked Dr. Kessler to elaborate on the pos- 

 sible application of the Federal Food, Drug and Cosmetic Act to to- 

 bacco products. 



We will also hear from the Coalition on Smoking OR Health 

 which has formally petitioned the FDA to classify all cigarette 

 products as drugs under the Food, Drug and Cosmetic Act and 

 from several representatives of the tobacco industry. 



We will not hear, however, from individuals at the center of this 

 controversy because they have declined to testify at this hearing. 

 These individuals set the standards for industry conduct. They set 

 the limits on company practices. They know how much nicotine is 

 added to cigarettes and why. The subcommittee extended an invita- 

 tion to Michael Miles, the chairman and CEO of Philip Morris and 

 other top tobacco company officials. 



Without objection I would ask that letters from Mr. Miles, James 

 Johnson of RJ Reynolds, and T.E. Sandefur, Jr. of Brown and 



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