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cowcugiai 



Each year over 300,000 people continue to die as a result of cigarette 

 smoking - an addictive habit which the Surgeon of the United States has 

 called the single most preventable cause of death and disability In the 

 United States. 



One could rationally argue that If thi-. product never existed and It was 

 developed today, such a product would be prohibited froa being marketed on 

 the sole basis of health and safety. Instead however, w« have a product 

 which reiMlns virtualy unregulated, a product which enjoys special 

 statutory exemptions from the very laws designed to protect the public 

 froa unsafe consumer products, a product which Is advertised and promoted 

 at a cost of over S2 billion a year. 



The Food and Drug Administration has acknowledged and the Courts have 

 concurred that tobacco products can in fact be regulated by the FOA if a 

 determination is made that cigarettes meet the definitional requirements 

 of 'drugs* under the FOCA. The Act, (among other definitions) defines 

 such products as: 



"articles Intended for the use in the diagnosis, cure, 

 mitigation, treatment or prevention of disease..." and 



"articles (other than food) intended to affect the 

 structure or functions of the body...." 



