181 



Mr. Synar. Is it true that halfway through the first day, Brown 

 & Williamson announced there wouldn't be a second day since you 

 had a business to run? 



Mr. Sandefur. I'm not aware of that, no, sir. 



Mr. Synar. Is it true that the Brown & Williamson officials at- 

 tempted to terminate even the first day even though the FDA offi- 

 cials indicated they were not finished asking their questions? 



Mr. Sandefur. It's my understanding, Congressman, that we 

 started — I believe I was told we started at 9 o'clock in the morning 

 and went to 6 o'clock at night and we said, Do you have any more 

 questions? And they said, No. That's my understanding of the situ- 

 ation. 



Mr. Synar. Is it true that the Food and Drug Administration re- 

 quested certain documents regarding all relevant research on nico- 

 tine and its psychological effects shortly after that visit on May 3 

 and that the FDA has still not received a response from you all? 



Mr. Sandefur. I have no idea. But I can tell you this, I wrote 

 Dr. Kessler — Commissioner Kessler and offered, as I testified be- 

 fore this committee on April 14, offered for my company to be open 

 and candid with them and offered any assistance that we could 

 give him. And I can tell you that I have received not one call from 

 the Commissioner asking for any information, additional informa- 

 tion. 



I can also tell you, however, that Dr. Kessler and his staff have 

 been all over Louisville, Kentucky or anywhere else talking to em- 

 ployees which I have no problem with and retirees about this sub- 

 ject. I have a concern about the way he's going about his investiga- 

 tion, because he's — some of his investigators are misleading my em- 

 ployees and that upsets me, to the point of saying to them that he 

 has knowledge that they didn't make the cut, they weren't going 

 to be moved to Macon, Gfeorgia and that's — that's — I have affidavits 

 that shows that, but that's not the purpose of the question, I un- 

 derstand that. 



Mr. Synar. Mr. Sandefur, we have been told that information 

 was not provided by your company. Would you provide that infor- 

 mation to the FDA? 



Mr. Sandefur. Absolutely. Certainly I have no problem giving 

 you or this subcommittee or FDA — I might add. Congressman, that 

 we have any number of requests for documents and we have people 

 working on them. And our priority was that this subcommittee 

 came first. We've got an issue of fire safe cigarettes that we are 

 trying to supply documents as we sit here today. 



Mr. Synar. Mr. Sandefur, is it true that the FDA sent you a let- 

 ter on June 2, 1994 requesting a follow-up visit and that visit was 

 on Friday June 17 at which the Y-1 was discussed? 



Mr. Sandefur. It is my understanding that we initiated the con- 

 versation. Brown & Williamson initiated the conversation with the 

 FDA. We asked for the meeting on last Friday. That's my under- 

 standing. 



Mr. Synar. Since the FDA's letter of February 25, 1994, has— 

 it has been clear that the FDA was investigating the control and 

 manipulation of nicotine in cigarettes. Now, they visited your com- 

 pany on May 3 as part of that investigation. 



Did you tell them about Y-1 at that time? 



