160 



ban on all tobacco products currently on the market, pending a re- 

 view of all additives by the Agency," unquote. 



Do you deny that cigarette ingredients cause cancer and are not 

 safe? 



Mr. Whitley. Yes, I deny that they cause cancer and are not 

 safe. 



Mr. Synar. So it is your position that after an FDA review, ciga- 

 rettes would be allowed back on the market? 



Mr. Whitley. Mr. Synar, as we read your bill, before we could 

 sell cigarettes, the FDA would have to review the ingredients and 

 determine if they are safe, and during the course of that review, 

 I assume the cigarettes would be kept off the market. 



Mr. Synar. Is the industry's only objection then that during that 

 6-month period or window of review that cigarettes would be off 

 the market? Because I will be more than happy to allow that ban 

 to be lifted during that period. 



Mr. Whitley. That is not our only objection. We don't think the 

 FDA needs to be regulating ingredients. The office of 



Mr. Synar. Mr. Whitley — Mr. WTiitley, you said that it is safe 

 enough and effective enough to get back on the market; and yet 

 you then said the reason you are concerned that it would not get 

 on the market is because of the ban. Is it your position that after 

 FDA reviews, cigarettes would or would not be allowed back on the 

 market? 



Mr. Whitley. It is my opinion that they will be allowed back on 

 the market when they complete the review process, but that still 

 doesn't mean we want to be regulated by the FDA. 



Mr. Synar. Mr. Whitley, the Cigarette Labeling and Advertising 

 Act of 1984 requires tobacco companies to disclose the ingredients 

 to the Secretary of HHS and not to the public. 



Again, in your testimony, you claim that nothing has occurred 

 since 1984 to change these requirements, and I want to just ask 

 you where you have been since 1984. 



Are you aware that direct smoking of cigarettes has resulted in 

 419,000 deaths per year? 



Mr. Whitley. I am aware that those figures have been repeated 

 a number of times. 



Mr. Synar. Are you aware, Mr. Whitley, that environmental to- 

 bacco smoke causes 3,000 deaths a year? 



Mr. Whitley. I am aware that those figures have been repeated. 



Mr. Synar. Are you aware, Mr. Whitley, that the AMA has found 

 that smoke is found in the hair of newborn children whose mothers 

 smoke during pregnancy? 



Mr. Whitley. I am aware of that — that has been said. 



Mr. Synar. Mr. Whitley, are you aware that EPA has classified 

 nicotine as a Class I carcinogen? 



Mr. Whitley. Yes, and that was a gross mistake. 



Mr. Waxman. Mr. Whitley, are vou aware that all food and drug 

 ingredients must be on package labels other than cigarettes? 



Mr. Whitley. No, that is not the case. 



Mr. Synar. So there have been changes since 1984, have there 

 not, Mr. Whitley? 



Mr. Whitley. Not in our product. Not in the manufacture and 

 marketing of our product. 



