730 



Without advertising, I can't go take Mr. Campbell's smokers away 

 from him and bring them over to my brands. 



Mr. Bliley. Mr. Johnston, clear up another question for me. 

 Thirty patents held by the tobacco industry were presented here by 

 Dr. Kessler. Many of the companies have stated publicly that they 

 are not using these patents. In its written comments, your com- 

 pany stated that it doesn't use such technology commercially. 



Why do you patent all these things if you don't use them? 



Mr. James Johnston. Mr. Congressman, that's a good question, 

 I've been asking that myself. Of our 600-plus patents, about 20 per- 

 cent or less are actually in use. As I understand it, we can patent 

 a technology or an idea, but having created an original idea doesn't 

 mean it's commercially feasible. 



In many of the patents we have today, there is "a technology 

 which, according to U.S. patent law, can be patented and the re- 

 searcher can feel good about it, but it doesn't have commercial ap- 

 plication. 



Mr. Bliley. I would like to ask each of you are you using any 

 of the patents that Dr. Kessler mentioned in his testimony? 



Mr. Campbell. Yes, Mr. Bliley, I am. I'm using the patents that 

 relate to the reduction of nicotine through my de-nicotization proc- 

 ess. I am using no other patents. 



Mr. Bliley. Mr. Johnston? 



Mr. James Johnston. No, we are not. But this raises a very im- 

 portant issue, Mr. Congressman. There wouldn't be anything wrong 

 if we did use those patents. There have been calls from govern- 

 ments, from scientists all over the world, including the United 

 States, for the industry to provide lower tar cigarettes while main- 

 taining nicotine yields, the theory behind that being that people 

 will — that tar is the risk factor here, that people will smoke fewer 

 cigarettes. 



Our company is being actively encouraged outside the United 

 States to produce those products, and look what's happening in this 

 room today. 



Mr. Bliley. Mr. Taddeo? 



Mr. Taddeo. What is the question, Mr. Bliley? 



Mr. Bliley. Does your company use any of the patents described 

 by Dr. Kessler in his testimony, to your knowledge? 



Mr. Taddeo. No. We didn't have any of those patents. 



Mr. TiSCH. No, sir. We do not use any of those patents. 



Mr. Bliley. Mr. Horrigan? 



Mr. Horrigan. Nor does Liggett. 



Mr. Bliley. Mr, Sandefur? 



Mr. Sandefur. No, sir, we don't. 



Mr. Bliley. Mr. Johnston? 



Mr. Donald Johnston. No, sir. 



Mr. Bliley. Thank you. Mr. Johnston, what do you think the 

 consequences would be if Congress or the FDA simply said ciga- 

 rettes may no longer be sold? 



Mr. James Johnston. Congressman Bliley, that is the question 

 we've been avoiding all morning. We hear these strong feelings 

 about the dangerousness of this product. We hear strong feelings 

 about the character and motives of the people at this table and the 



