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intent." More specifically, it focuses primarily on whether the 

 vendor intends the product to, "affect the structure or any 

 function of the body." 



Mr. Chairman, the evidence we have presented today suggests 

 that cigarette manufacturers may intend that most smokers buy 

 cigarettes to satisfy their nicotine addiction. 



We do not yet have all the evidence necessary to establish 

 cigarette manufacturers' intent. 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 may be available to reduce the nicotine to less than 

 addictive levels is relevant in determining manufacturer intent. 



It is important to note that the possibility of FDA exerting 

 jurisdiction over cigarettes raises many broader public health 

 and social issues for Congress to contemplate. There is the 

 possibility that regulation of the nicotine in cigarettes as 

 drugs would result in the removal of nicotine-containing 

 cigarettes from the market, limiting the amount of nicotine in 

 cigarettes to levels that are not addictive, or otherwise 

 restricting access to them, unless the industry could show that 

 nicotine containing cigarettes are safe and effective. If 

 nicotine were removed, the nation would face a host of issues 

 involving the withdrawal from addiction that would be experienced 

 by millions of Americans who smoke. 



There is, of course, the issue of black market cigarettes. 

 With nicotine, as with other powerfully addicting substances, a 

 black market could develop. 



In these issues, we seek guidance from Congress. 

 The one thing that I think is certain is that it is time for 

 all of us -- for the FDA, for the Congress, for the American 

 public -- to learn more about the way cigarettes are designed 

 today and the results of the tobacco industry's own research on 

 the addictive properties of nicotine. 

 Thank you . 



