310 



- 67 



cigarettes Intend such effects and that such Intent must be shown by 

 health clalw or other representations by cigarettes manufacturers or 

 vendors." The Coimlss loner then went on to state that FDA did not 

 regulate cigarettes except in situations where health claims are made, the 

 very contention of this petition (Brief of Action on Smoking and Health v. 

 Joseph Califano . Case No. 79-1397, U.S. Court of Appeals for the District 

 of Columbia p. 2-3). 



2. Low tar/low nicotine cigarettes arii aarketed with the Int.rfc ^ji 



creating in th» wind of the public the idea that they will '\ '.' k&Xg" 

 or 'prgvenf ttm onset of disease associated with tlw swking habit, 

 thus teting tht definitional requireaents of 'drugs* . 



The factual evidence concerning the purposes and intent of tobacco 

 coiipanies to market low tar/low nicotine cigarettes has been thoroughly 

 reviewed and documented under Section II, Statement of Factual Grounds of 

 this petition and those argunents and details <wl11 not be repeated here. 

 This section will review the legal requirements necessary to establish 

 that the tobacco co^Mnies have in fact marketed, advertised and promoted 

 low tar and low nicotine cigarettes with the intention of creating 1n the 

 ■Ind of th« public the idea that such products will mitigate and prevent 

 the onset of diseases associated with the smoking habit. Webster's 

 Collegiate Dictionary (9th Edition) defines "mitigate" as follows: 



"1. to cause to become less harsh or hostile ... 

 2. to make less severe or painful..." i 



