152 



Mr. Waxman. I would like to start off the questions. As I indi- 

 cated, we invited the chief executive officers of the major tobacco 

 companies. They absolutely refused. 



We have a letter Mr. Whitley indicates attached to his state- 

 ment. Let me tell you, we cannot question a letter. We can question 

 witnesses. 



Mr. Whitley, you are here on behalf of the trade association, the 

 Tobacco Institute. Is it your position that tobacco is non-addictive? 



Mr. Whitley, That is correct. I subscribe to the testimony Mr. 

 Raffle just gave. 



Mr. Waxman. It is your position that no additional nicotine is 

 being added? 



Mr. Whitley. Absolutely. That is absolutely, unequivocally our 

 position and that of all of our companies 



Mr. Waxman. Why should anybody care in your industry if you 

 are accused of adding nicotine if nicotine is not addictive? Your in- 

 dustry has been accused of adding nicotine. 



Philip Morris filed a $10 million lawsuit saying that is just not 

 true. Why should anybody care if you are accused of adding nico- 

 tine — does it do harm? 



Mr. Whitley. We are being accused of something we are not 

 doing, and we are being accused of it for the purpose of creating 

 addiction. We don't do it. 



Mr. Waxman. I understand your position; it is non-addictive, and 

 you are not adding more. If somebody accused you of adding more 

 of a particular substance that doesn't do harm, why should you 

 care? Does it do any harm? 



Mr. Whitley. We don't think so. 



Mr. Waxman. Dr. Spears, does it do harm to add nicotine to a 

 product? 



Mr. Spears. There are points beyond which a product is not ac- 

 ceptable in terms of nicotine levels. 



Mr. Waxman. Why? 



Mr. Spears. Tobaccos that contain high nicotine level are very 

 unpleasant. 



Mr. Waxman. So you think that the industry is reacting to the 

 attack that you are adding nicotine which means your products are 

 more unpleasant? 



Mr. Spears. No, to the fact that addition of nicotine was cast in 

 the view of some sinister motive and some sinister activity, that it 

 was cast in that way. 



Mr. Waxman. Dr. Spears, you said you don't know to your knowl- 

 edge whether any of those patented products are being used. That 

 just means you don't know? 



Mr. Spears. I have seen those patents for the first time today. 

 My company does not use any of those patents. 



Mr. Waxman. Mr. Whitley, I guess that is why your company 

 was selected to have a witness here today and not the others who 

 have the patents? 



Mr. Whitley. The use of the patents mentioned this morning 

 would be totally inconsistent with the manufacture and process 

 that is subscribed in the written statements that we submitted for 

 the record. 



