311 



68 



Webster's Collegiate Dictionary, defines "prevent" among other 

 definitions: 



"to forestall, to hold or keep back, to hinder," 



Similar definitions and synonyms appear in other dictionaries and 

 thesauruses. 



Applying these definitions to low tar and nicotine advertisements and 

 promotions, it 1s clear that it has been the intent of the tobacco 

 Industry to promote a product designed "to cause to become less harsh, to 

 make less severe, to forestall, hold back, or hinder." 



Courts have relied on such definitions in determining the Intent of 

 statutes, and In particular, in Interpreting the FDCA. See for example, 

 US V Sudden Change . 409 F. 2nd 734, 742 n.l (2d Cir. 1969). 



To date the FOA has brought action against cigarette products as drugs on 

 two occasions. A third case, relevant to this petition concerns actions 

 brought by the Federal Trade Coonlsslon, an action which employed the Food 

 and Drug Administration's definitional standards for "drugs". 



The first case relevant to this portion of the petition, United States v 

 46 Cartons, More or Less, Containing Fairfax Cigarettes . 113 F. Supp. 336 

 (O.N.J. 1953), involved the Introduction into Interstate commerce of 46 



