145 



Other processes that are described in the literature result in a 

 similar product, but do not involve the temporary separation of 

 water-soluable products and tobacco. Again, with this process, some 

 nicotine is lost during the manufacture of reconstituted sheet with 

 the sheet containing much less nicotine than leaf tobacco. 



I would like to repeat that the allegations of Day One and David 

 Kessler concerning nicotine manipulation are false and inconsistent 

 with the reported data and nicotine on commercial brands. 



I would also add, in listening to Dr. Kessler's testimony, that I 

 believe he has changed what he was saying in the letter that he 

 wrote. He seems to no longer be saying that nicotine is being added 

 to tobacco. I heard the words, it doesn't matter from his perspective 

 whether he is talking about endogenous or exogenous nicotine, this 

 is a reversal of where he was before sa5dng nicotine was definitely 

 being added. 



Another part of what he said relates to patent and innuendos 

 from existence of those patents. The patents that you saw rep- 

 resent I believe a tiny fraction of patents awarded to tobacco com- 

 panies over time. There are thousands of patents that have been 

 awarded. 



This appears to be a small selective group that was picked out. 

 This does not imply that an individual company is using a patent. 

 Many times patents are sought and awarded by investigators and 

 are permitted by the companies as a form of incentive for continu- 

 ing work in a field, a kind of recognition. They may be useful in 

 the future, they may also be sought for defensive reasons, you 

 might have an idea that has value in another field — there are all 

 kinds of reasons, but I think these are indeed just innuendos made 

 and you will remember that he clearly said "may" in every in- 

 stance. 



But nonetheless let me say that to my knowledge these patents 

 are not being used, certainly none that are owned by this company 

 are in use that he cited, and they go along the line that I am sug- 

 gesting, that they are trivia with respect to the matter of manipu- 

 lating nicotine. 



Thank you, Mr. Chairman. 



Mr. Waxman. Thank you, Dr. Spears. 



Let's go to Mr. Raffle. 



STATEMENT OF STEPHEN N. RAFFLE 



Mr. Raffle. Thank you. I am Steven Raffle, a physician and 

 board certified psychiatrist from Oakland, Calif. 



For 17 years I served as an assistant clinical professor of psychi- 

 atry, and for 10 years as an assistant professor of orthopedic sur- 

 gery at the University of California, School of Medicine, San Fran- 

 cisco. 



In the course of more than 20 years of clinical practice, I have 

 evaluated and/or treated many patients with various drug addic- 

 tions and drug intoxication, and I have worked with many people 

 with weight problems and other habitual and compulsive behav- 

 iors. 



I have reviewed H.R. 1247 as well as the related Surgeon Gen- 

 eral report and other pertinent scientific literature. 



