191 



to manipulate nicotine levels of cigarettes through investigating new scientific 

 procedures and techniques designed to influence smoking behaviors and 

 addiction levels. 



The tobacco industry's marketing practices of reducing lar and nicotine content 

 and its extensive research and actual intended manipulation of the nicotine 

 content in cigarenes "would appear to have " - in the words of the Federal Court 

 in Fairfax - " no other purpose than to mislead the unwary ." whose hope in buying 

 and smoking such cigarenes is to improve their prospects for avoiding, mitigating 

 and/or preventing cigarene caused disease, as well as intending to assure 

 continuing addiction to the product thereby affecting structure and function of the 

 body. (Id. at 337.) (Emphasis added.) 



In the Fairfax case, Judge Meany pointed out that the Food, Drug and Cosmetic 

 Act was intended and must be constructed so as "to effectuate the purpose of 

 protecting the buying public which is largely beyond self protection in the 

 circumstances of modem life."* (Citizen 62 Cases of JAM v. United States . 1951 

 340 U.S. 593, 596. 71 S.Ct. 515, 95 L.Ed. S66; Kordel v. United States . 335 U.S. 

 345, 69 S.Ct. 106, 93 L.Ed. 52; United States v. Dotterweich 1943 . 320 U.S. 277. 

 280. 64 S.Ct. 134, 88 L.Ed. 48 1943.) 113 F.Supp. at 337. This was further 

 reiterated in United States v. Article - Sudden Change . 409 F.2d 734, 740 (2d Cir. 

 1969) and United States v An Article of Diup...Bacto - Unidisk . 394 U.S. 784. 22 

 L.Ed. 2d. 726, 733, in which the court suted: 



At the outset, it is clear from Sec. 201 that the word "drug" is a term of art 

 for the purposes of the Act, encompassing far more than the strict 

 medical defmition of the word. If Congress had intended to limit the 

 statutory defmition to the medical one it could have so stated explicitly, 

 or simply have made reference to the official United States 

 Pharmacopoeia, or the National Formulary, as it did in the first of the 

 three sections of Sec. 201 (g)(1) and let the defmition rest there. The 

 historical expansion of the statute's defmition, furthermore clearly points 

 out Congress' intention of going beyond the medical usage. 



