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31st, 1994, announcing this hearing. You will recall that Dr. Spears 

 testified before this subcommittee on March 25, 1994, with respect 

 to the same subjects proposed for discussion here today. 



In as much as Dr. Spears and Lorillard's position on the ques- 

 tions raised has not changed in the past 2 weeks, for the sake of 

 brevity, I have attached to my statement a copy of Dr. Spears' writ- 

 ten submission of March 25th, and ask your permission that it and 

 his March 25th oral testimony also be entered into the record. 



Mr. Waxman. Without objection. [See p. 377.] 



Mr. TiSCH. At the outset, I want to reaffirm and emphasize what 

 Dr. Spears said during his appearance on March 25th, and to make 

 absolutely clear to the Congress and to the public that the level of 

 nicotine in the products manufactured and sold by Lorillard is sole- 

 ly determined by the tobacco that we buy and the blending of the 

 different tobaccos used in our manufacturing. 



The tar and nicotine yields of our products are determined by a 

 combination of the tobacco blends and the physical characteristics 

 which constitute the construction of the cigarette, namely, length, 

 circumference, paper porosity, filter, tip ventilation, and tobacco 

 density. Nicotine levels follow tar levels and are not raised or re- 

 duced for particular brands. 



Dr. Spears previously advised you that in the course of manufac- 

 turing we use denatured alcohol which the Bureau of Alcohol, To- 

 bacco, and Firearms requires be made unpotable by the manufac- 

 turer of the alcohol to the addition of a miniscule amount of nico- 

 tine. We also use a number of flavors which incorporate a tobacco 

 extract that contains some nicotine. But it is important to under- 

 stand that the combined amount of nicotine from these sources is 

 too small to be measured in the final products. 



The manufacture of our brands of cigarettes also involves the use 

 of reconstituted tobacco, or tobacco sheet. One of the processes 

 Lorillard uses in the production of reconstituted tobacco involves a 

 temporary separation and subsequent reapplication of water solu- 

 ble components of tobacco, incluaing nicotine. However — and I in- 

 vite your specific attention to this important fact — this process and 

 all others, all of which are well known in published literature, re- 

 sults in a reduction of nicotine in the finished product. 



Dr. Kessler's March 25th testimony referred to a 1980 Lorillard 

 patent dealing with nicotine and reconstituted tobacco. I am ad- 

 vised that an earlier laboratory observation indicated a possible 

 use for this process. Following our usual business practice, and 

 that of virtually every other company in American, we applied for 

 and obtained the patent. 



However, so there is no misunderstanding, the record should re- 

 flect that Lorillard has never practiced the patented process in any 

 commercial manner. Moreover, even if it was to be used, the proc- 

 ess would not result in any increase or decrease in the nicotine 

 level. 



In your March 31st letter, we are asked to address any studies 

 of the physiological or psychological effects of nicotine and related 

 compounds which have been undertaken by Lorillard. I can re- 

 spond succinctly. Lorillard has not undertaken any such research. 



As regards cigarette ingredients, please note the following. The 

 cigarette manufacturers have provided to the Department of 



