248 



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Whilt th« FOA h«s not taken action against cigarette products when they 

 are sold for s<eok1nq pleasure only . It has a clear statutory obligation to 

 enforce the law when the marketing, advertising and promotion of tobacco 

 products crosses over the line to become a drug. 



The Food, Drug, and Cosmetic Act was enacted with that intent and the FOA 

 has the responsibility to carry out that Intent. FDA's obligation becomes 

 •ore urgent in situations where the product h<is been deemed t r-rr-y^nt j 

 major health hazard, and where Its cnotlnued promotion Is partially the 

 result of luring consumers Into a false sense of security. 



The Food and Drug Administration clearly has Jurisdiction over low tar and 

 low nicotine cigarettes as drugs, because they: (a)arc manufactured, 

 promoted and sold under the contention that they are safer and will 

 mitigate and prevent the onset of diseases associated with the smoking 

 habit, and (b) are Intended to affect the structure or function of the 

 body. 



