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to HHS shall be treated as confidential or trade secret information, with criminal 

 penalties being provided for unauthorized disclosure. 



The confidential treatment of cigarette ingredients is consistent with the 

 treatment by Congress, the Food and Drug Administration and other federal agencies 

 of proprietary information concerning the ingredients used in foods, drugs, cosmetics 

 and other consumer products. Flavorings - which account for the vast majority of 

 cigarette ingredients - are exempt from disclosure in connection with food and 

 cosmetic products. Legislation sponsored by Senator Kennedy in the last two 

 Congresses addressing cigarette ingredients (S. 2795 and S. 1088) likewise would have 

 exempted flavorings from public disclosure. 



The 1984 law allows the cigarette manufacturers to submit ingredient infor- 

 mation to HHS on a composite rather than a brand-specific basis. This maintains the 

 confidentiality of product formulas. There is no requirement to disclose product 

 formulas for food and cosmetic products. Yet H.R. 2147 apparently would impose, 

 without the slightest justification, such a requirement in the case of tobacco products. 



In short, H.R. 2147, far from treating tobacco products like other products, 

 would single out tobacco products for uniquely unfavorable treatment so far as 

 additives are concerned. Ironically, Rep. Synar, in boasting of his authorship of the 

 1984 law that H.R. 2147 would replace, stressed that "[t]rade secret information will 

 be protected but ingredient information will be available to Congress to review if it 

 deems necessary." 129 Cong. Rec. 24,626 (1984). 



