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tobacco produces drug- like effects, we never stepped in to 

 regulate most tobacco products as drugs. One of the obstacles 

 has been a legal one. A product is subject to regulation as a 

 drug based primarily on its intended use. Generally, there must 

 be an intent that the product be used either in relation to a 

 disease or to affect the structure or function of the body. With 

 certain exceptions^, we have not had sufficient evidence of such 

 intent with regard to nicotine in tobacco products. Most people 

 assume that the nicotine in cigarettes is present solely because 

 it is a natural and unavoidable component of tobacco. 



Mr. Chairman, we now have cause to reconsider this 

 historical view. The question now before us all is whether 

 nicotine-containing cigarettes should be regulated as drugs. We 

 seek guidance from the Congress on the public health and social 

 issues that arise once the question is posed. This question 

 arises today because of an accumulation of information in recent 

 months and years. In my testimony today, I will describe some of 

 that information. 



The first body of information concerns the highly addictive 

 nature of nicotine. The second body of information I will be 

 talking about --in some detail -- concerns the apparent ability 

 of cigarette companies to control nicotine levels in cigarettes. 

 We have information strongly suggesting that the amount of 

 nicotine in a cigarette is there ^y design. Cigarette companies 

 must answer the question: what is the real intent of this 

 design? 



