325 



- 82 



Nothinq In th« FDA's opinion letter indicated that the presence or 

 lack of tobicco ln this product played a significant role in the FDA's 

 conclusion. In fact, In the FDA's letter ordering that Advanced 

 Tobacco Products, Inc., cease the marketing of FAVOR , there is 

 absolutely no discussion of whether FAVOR was a tobacco product. 



The legal and factual criteria applied by the FDA, In the case of 

 FAVOR cigarettes, are both pertinent and relevant to the marketing of 

 low tar and nicotine cigarettes. 



The very role that nicotine was viewed as playing in FAVOR cigarettes. 

 Is the very role that It plays In the promotion of low tar and low 

 nicotine cigarettes. Just as FAVOR was determined to be an 

 alternative for cigarette smokers who desire to fulfill their body's 

 acquired need for nicotine without the risks associated with smoking, 

 so too are all low nicotine cigarettes which are intentionally 

 advertised and promoted as products which reduce levels of tar and 

 nicotine levels. Important determinants to the health conscious smoker 

 who wants to quit but can't. 



As the factual section of this Petition demonstrates, discussions by 

 cigarette Mnufacturers In advertising and promotional materials and 

 information provided to government agencies and the public which 

 references tar and nicotine levels of products, clearly demonstrates 

 that those products are Intended, as was FAVOR, to adjust and regulate 

 the delivery of nicotine (and tar) to the body, thereby, affecting the 

 "structure of the body." 



