65 



that would preclude them from growing and selling this nicotine in 

 the United States. 



We also asked them as part of our general investigation into 

 whether they were manipulating nicotine levels whether the com- 

 pany had engaged in any breeding of tobacco for high or low nico- 

 tine levels. At that time, they told us the answer was no, they had 

 not. 



Shortly thereafter, their in-house counsel offered the qualifica- 

 tion that they might have provided some unrestricted grant money 

 to universities that might have been engaged in breeding research. 



Mr. Waxman. In other words, you asked the company officials 

 whether they could breed and plant for higher nicotine levels. 

 When was that first question posed to them? 



Ms. Witt. On May 3 of this year. 



Mr. Waxman. And their response was that they could or could 

 not? 



Ms. Witt. That they did not and that it would not be feasible to 

 do so in any case because they couldn't grow it in the United 

 States. 



Mr. Waxman. And that was this year they told you that? 



Ms. Witt. This year. Six weeks ago. 



Mr. Waxman. Now, as of last Friday, after they learned all that 

 you now know about the Brazilian operation and the commercial 

 use of this genetically altered tobacco plant, Dr. Kessler, did they 

 have any explanation for their inconsistency? 



Mr. Kessler. Ms. Witt also met with them on this Friday. Let 

 me let her comment. 



Mr. Waxman. OK 



Ms. Witt. The explanation that they offered was that they 

 thought we were asking whether they had genetically engineered 

 tobacco and that the answer to that was no. Having been present 

 at the original meeting, I can tell you that I had no idea that there 

 was any genetic engineering going on and that the only question 

 we asked was whether they were breeding tobacco for high or low 

 nicotine levels. 



Mr. Waxman. That sounds like a pretty deceptive or misleading 

 way of answering the question unless you knew what you later 

 found out, that they had gone through this whole elaborate system 

 of genetically altering the plant and using a ranch or farm in 

 Brazil to produce that plant, their answer would have stood. 



Mr. Kessler. Mr. Chairman, I am not here to characterize any 

 statements. We would be happy to provide the committee with the 

 factual basis. 



Mr. Waxman. All right. I appreciate that. I think we can draw 

 our own conclusions as to whether they were being helpful to you 

 when you inquired of them whether they were able to ao this sort 

 of thing. But they not only, like a lot of these patents you discussed 

 last time you were here, were theoretically able to increase the nic- 

 otine levels through genetic change, it wasn't theoretical, they in 

 fact did it and it was added to cigarettes in this country in the last 

 year or so; is that correct? 



Mr. Kessler. That's correct. 



Mr. Waxman. And in this genetically altered tobacco plant, how 

 great was the increase in nicotine levels? 



