564 



meaning of the Federal Food, Drug, and Cosmetic Act." Ail cigarettes sold are "nicotine- 

 containing cigarettes," and indeed the tobacco plant is known as nicotiana tabacum in 

 recognition of the fact that it naturally contains nicotine. Moreover, the facts relevant to 

 whether FDA has jurisdiction over cigarettes today are substantially the same as when Dr. 

 Edwards testified in 1972 and when the FDA rejected petitions to regulate cigarettes in 1977 

 and on other occasions. At those times, as is the case today, a variety of cigarette brands 

 was available to consumers which yielded a variety of "tar" and nicotine levels. Through 

 advances in cigarette design and in response to consumer preferences, however, the average 

 cigarette sold today yields one-third less "tar" and nicotine than when Dr. Edwards testified. 

 Ci garette Desig n 



How and why have these reductions in "tar" and nicotine yields come about? To 

 evaluate these questions completely, it is imperative to consider the evolution in the design 

 of cigarettes over the last forty years - an evolution that, in its purpose and effect, differs 

 significantly from the grossly inaccurate allegations and misrepresentations by our critics in 

 these proceedings and recently in the press. In short, Reynolds Tobacco designs cigarettes 

 to respond to consumer demand and to attempt to address the many scientific and other 

 criticisms that have been leveled at our products for more than forty years. Today's 

 cigarettes reflect the enormous efforts to respond directly to consumer demand and those 

 criticisms and suggestions. A very brief discussion of the history of cigarette design will 

 illustrate why these recent claims are misguided. 



Early cigarettes were primarily cut tobacco (much like pipe tobacco) wrapped in 

 paper, with flavorings such as the oil of citrus peels. The quality of a cigarette depended 



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