154 



Mr. Spears. We have patents that we have never used. 



Mr. Waxman. So it is your testimony 



Mr. Spears. The patent does not imply commercial use or even 

 commercial feasibility. 



Mr. Waxman. Is it, to your knowledge, or can you give us abso- 

 lute assurance that none of these patents are being used by the 

 companies? 



Mr. Spears. I am giving you assurance that none of the patents 

 that represent addition could be used or it would be inconsistent 

 with the statements that you have. 



Mr. Waxman. What you are saying to me is either you know 

 what they are doing with their patents, so it is an anticompetitive 

 situation since you are presumably a competitor, or you are sajdng 

 they couldn't be used because they said they are not adding the 

 nicotine. 



Mr. Spears. Couldn't be used because they say in statements to 

 you, to this committee, that they are not adding nicotine. 



Mr. Waxman. Well, I am going to come back, but I want to call 

 on Mr. Synar, next. 



Mr. Synar. Thank you, Mr. Chairman. I would ask unanimous 

 consent to enter into the record a confidential memo that was re- 

 vealed in the discovery process of the Cipollone case: Motives and 

 Incentives in Cigarette Smoking, William L. Dunn, Jr., Philip Mor- 

 ris Research Center, Richmond, Va. 



Mr. Waxman. Without objection, it will be entered in the record. 



[The information follows:] 



Motives and Incentives in Cigarette Smoking 



(William L. Dunn, Jr., Philip Morris Research Center, Richmond, Virginia) 



There is a lovely little island lying about 150 miles east of the Virgin Islands. It 

 is at the northern end of the Antilles, that string of islands flung out crescent-like 

 across the blue Caribbean waters. Legend has it that in the 16th century, both the 

 Dutch and the French lay claim to possession of this tiny body of land. Rather than 

 fight it out as was their wont in those days, they showed a surprising and exem- 

 plary willingness to apply human reason. A Frenchman and a Dutchman were 

 placed back to back on the beach and told to walk along the beach until they met 

 again on the opposite side. They did so, and a line was drawn between the points 

 of start and finish, dividing the island into the French half called St Msirtin, and 

 the Dutch half called San Marteen. 



It seems that the Frenchman walked faster than the Dutchman, because the 

 French got the bigger half. Some say this was because the Frenchman was drinking 

 French champagne and the Dutchman was drinking Dutch whiskey. However true 

 all this may be, the two colonies continue to live peacefully under these 16th cen- 

 tury terms. 



In January, 1972, the Dutch side of St. Martin was invaded by an unlikely party 

 of 25 scientists. There were pharmacologists, sociologists, anthropologists and a pre- 

 ponderance of psychologists. They came from England, Canada and the United 

 States. Each brought with him a carefully prepared scientific paper which rep- 

 resented his best efforts at attacking the question "Why do people smoke ciga- 

 rettes?" 



Inspired by the rare 16th century display of human reason shown by the French 

 and Dutch colonists, and while not sunning on the beach, they listened to and re- 

 flected upon each other's ideas. 



You've heard many explanations for cigarette smoking. These were reviewed at 

 the St. Martin conference. I think it appropriate that we list the more commonly 

 proposed explanations here: (1) For social acceptance or ego-enhancement; (2) For 

 pleasure of the senses (taste, smell); (3) For oral gratification in the psychoanalytic 



