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March 25, 1994 Page 11 



Because of the large amount of tobacco leaves used in the 

 manufacture of cigarettes and the extreme variability in 

 nicotine content of the leaves, it is not practically 

 possible for respondent [P. Lorillard Company] , or any of 

 the other manufacturers of leading brands of cigarettes, to 

 maintain a constancy of nicotine in the finished cigarette. 

 (Federal Trade Commission, 1950, page 6) 



This is no longer the case. Innovations in materials 

 processing and cigarette design since the 1950s have made it 

 possible for cigarette manufacturers to make products that are 

 uniform despite the variability inherent in their chief raw 

 material. The Appendix summarizes some patents that illustrate 

 major ways cigarette manufacturers can use modern technology to 

 assure a uniform product, a product that performs as intended, as 

 a nicotine delivery device. The patents demonstrate a concern 

 with providing predictable, controlled doses of nicotine to the 

 consumer, engineering that makes it easier for the consumer to 

 titrate his or her nicotine level. This overarching concern is 

 especially clear in patent no. 3,584,630 from Philip Morris. 



Reconstituted tobacco (paper sheets made from stems, fines 

 and trash) has an inherently lower nicotine level than does 

 tobacco leaf. Similarly, stems themselves, which are often 

 finely cut and rolled so that they can be incorporated into 

 cigarette blends, have a far lower nicotine content than the 

 leafy part of the tobacco leaf (lamina). These. deficiencies, as 

 well as the variability inherent i-n different batches, can be 

 compensated for with the wide variety of techniques illustrated 



