140 



I would like to request that our March 7th petition be included 

 in today's hearing record and would like to highlight several state- 

 ments, some of which were made by Dr. Kessler in his presen- 

 tation. [See p. 28.] 



As far back as 1961, the industry knew that the cigarettes they 

 sold were cancer promoting and poisonous. They knew that they 

 had to develop techniques to determine and to find ways to remove 

 nicotine, phenal, polynuclear hydrocarbons and nitrosamines. 



Mr. Chairman, the patents speak clearly that Dr. Kessler out- 

 lined, and we have reviewed those as well. It is time, Mr. Chair- 

 man, for Congress to act. Your leadership and the leadership of 

 many members of this subcommittee must be commended, but it is 

 time for the other members of this subcommittee to put the Amer- 

 ican public's health first. 



To that we pledge to work with you and to work with the FDA 

 to bring tobacco under FDA jurisdiction and to support the Amer- 

 ican public's health for the first time in 30 years. 



Thank you. 



Mr. Waxman. Thank you, Mr. Ballin. 



[The prepared statements of this panel of witnesses begin on p. 

 170.] 



Mr. Waxman. Mr. Whitley. 



STATEMENT OF CHARLES O. WHITLEY 



Mr. Whitley. Mr. Chairman, I would like to ask your indulgence 

 inasmuch as Dr. Kessler testified for considerably more than an 

 hour that Dr. Spears and I as principal witnesses for the industry 

 be given a little more leeway than being held strictly to 5 minutes. 



Mr. Waxman. I think that is reasonable, please proceed, 



Mr. Whitley. I am here as a representative of the Tobacco Insti- 

 tute, a trade association for major cigarette companies. 



It has been mentioned that three chief executives from our com- 

 panies were invited to testify in person and that they are not here. 

 I have attached to my statement a written statement from five of 

 the six cigarette manufacturers in the country and ask that they 

 be included for the record. 



I am accompanied by Dr. Alexander Spears, who is the Chief Op- 

 erating Officer of the sixth company, Lorillard Tobacco Company. 

 It was felt that he was the most appropriate witness on this issue 

 for a number of reasons. The first is that he is a research chemist, 

 has a Ph.D. in chemistry. He has worked with Lorillard since 1959 

 and is their Chief Operating Officer. 



He is uniquely qualified in what the testimony has shown is a 

 highly technical field. Most CEO's of our companies, as most other 

 companies in this country, have a marketing background as op- 

 posed to a scientific and manufacturing background, which Dr. 

 Spears has. 



He is the most well versed and qualified person in the tobacco 

 industry on the subject of the chemistry of tobacco and the manu- 

 facturing process, and that is the primary reason why I am accom- 

 panied by Dr. Spears this morning. 



There are several points that we want to make in our testimony, 

 Mr. Chairman. The first one is that we do not add nicotine to ciga- 

 rettes. I will not use the word spike. I agree with Dr. Kessler, I 



