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ready. But it is true, is it not, that in product liability cases that 

 have been filed against the tobacco companies that seek to hold 

 your companies responsible for the illness or death of a smoker, 

 one of the defenses which the tobacco companies always assert is 

 that the sick or dead individual who smoked did so as a matter of 

 his or her own free choice and that he or she, therefore, assumed 

 the risk of diseases which are publicly associated with smoking. 



Isn't that the case, Mr. Johnston? 



Mr. James Johnston. There is virtually universal awareness by 

 the American public of the health risks involved in smoking. That 

 is part of litigating these issues. 



Mr. Bryant. I just asked a question. I do not want to cut you 

 off, because I want you to be able to give a full answer. But you 

 have got to answer the questions pretty quickly. It is the case, is 

 it not, that your usual defense is the smoker smoked voluntarily 

 as a matter of free choice and, therefore, assumed the risk and you 

 are not responsible? Is that not the case? 



Mr. James Johnston. That's correct, sir. 



Mr. Bryant. Is it also true that your argument that smokers 

 continue to smoke as a matter of their own free choice is a key part 

 of the defense? It is the essential part of your defense. Is that not 

 right? 



Mr. James Johnston. I wouldn't characterize it as essential. It 

 is part of the defense, yes, and part of the American record. 



Mr. Bryant. Is it not the case that that defense would be wiped 

 out if you conceded here today or any forum that nicotine and your 

 products are addictive? 



Mr. James Johnston. Mr. Congressman, I don't know. Addiction 

 is a term that is 



Mr. Bryant. We all know what it means. Would it not be the 

 case if you conceded here today that nicotine was addictive and 

 your products were addictive, that you would no longer be able to 

 claim that the sick or dead individual smoked as a matter of free 

 choice? Is that not the case? 



Mr. James Johnston. I can tell you what juries believe. Juries 

 usually believe, because of the common definition of addiction, that 

 the person was addicted, but the person can quit. 



Mr. Bryant. The fact of the matter is that you can not sit here 

 today and say to us that people made a free choice to smoke if you 

 also concede that once a person starts, they are addicted. Now, you 

 cannot do that. 



So it is very clear that you all have a very clear econoniic inter- 

 est in telling the American people and in sustaining the idea and 

 saying and not deviating from the assertion that your products are 

 not addictive. I think that is just a matter of logic. 



Mr. James Johnston. I respectfully disagree with you. The 

 truth, Mr. Congressman 



Mr. Bryant. So you think a person could be addicted to ciga- 

 rettes and you could still assert that they smoked as a matter of 

 free choice. 



Mr. James Johnston. I'm telling you that the truth is the truth. 

 I will speak the truth as I know it, disregarding litigation con- 

 sequences. If we 



