116 



were appealing the decision. They were pushing forward to get it. 

 Perhaps we could get that chart up. 



Mr. Kessler. I think it is Chart L, Andrew. That is the chro- 

 nology to the best of our knowledge. 



Mr. Waxman. So that is the chronology as you understand it at 

 least at this point. They filed this Brazilian patent in February of 

 1992. In February, they went to appeal rejection of U.S. patent ap- 

 plication. That was in February of 1994. 



Less than a month later, March 14, Brown & Williamson with- 

 drew their application. Do you know why they withdrew it? 



Mr. KisSLER. I don't know why they withdrew that application. 



Mr. Waxman. That coincidentally was 12 days before you testi- 

 fied before us for the very first time about the issue of whether 

 there was a manipulation of nicotine levels in tobacco. I would be 

 interested to know from the Brown & Williamson representative, 

 from Mr. Sandefur, the CEO next Thursday, if there was any con- 

 nection between the two. 



The last question I wanted to ask you was: In this country, we 

 don't control tobacco additives. There is no requirement that the 

 company show that additives are safe or that they even disclose 

 what the additives in cigarettes are for. 



Do you have any information as to whether other countries con- 

 trol additives in tobacco? 



Mr. Kessler. Yes, sir. As part of our reading of what industry 

 practices were, other countries, for example Germany, we believe 

 restricts the availability of certain additives and has much tighter 

 regulation. In fact we believe other alternatives to certain ammonia 

 compounds have been used in other countries because they do, in 

 fact, regulate the additives that are added to tobacco and ciga- 

 rettes. 



There is much tighter regulation, Mr. Chairman, in certain other 

 countries. 



Mr. Waxman. Dr. Kessler, you have been asked repeatedly as to 

 what your recommendations were to be as to the level of nicotine. 

 If you were to give us an answer without getting all the facts, I 

 am sure that members of this committee would be justifiably jump- 

 ing all over you. I think that you are doing what we expect of you; 

 develop the record, establish the facts, and then give us some 

 thoughts on this subject of what the levels ought to be. 



Of course, to criticize you for giving levels or not giving levels 

 when you don't have the legal authority to set them, or may not 

 have that legal authority, seems to me a very peculiar way to raise 

 this issue. /^ I understand, you are going to have some conference 

 on nicotine levels? 



Mr. Kessler. We will, Mr. Chairman. I assure you, yes, we're 

 going to have an advisory committee meeting this summer, but I 

 assure you that we will proceed thoughtfully, and analytically as 

 we address this question. 



Mr. Waxman. Thank you very much. 



Mr. McMillan? 



Mr. McMillan. It is my understanding that this patent applica- 

 tion was disapproved; is that right? 



Mr. Kessler. The initial application, yes. I think we said that it 

 was rejected, yes. 



