182 



Mr. Sandefur. If I might ask Gordon Smith to answer that ques- 

 tion, I wasn't at that meeting but Mr. Smith was. And if it is all 

 right with you, sir, I'd like for him to answer that question, 



Mr. Synar. Before we do, Mr. Chairman, neither Mr. Bell nor 

 Mr. Smith were sworn in. They did not take the oath. 



Mr. Waxman. Do you promise to tell the truth, the whole truth, 

 and nothing but the truth? 



Mr. Smith. I do. 



Mr. Waxman. Consider yourself under oath. 



[Witness sworn.] 



Mr. Synar. Let me repeat the question. At the May 3, 1994 

 meeting, Mr. Smith, did you tell the FDA about Y-1? 



Mr. Smith. The issue of Y-1 was never raised. 



Mr. Synar. So did you not volunteer that information? 



Mr, Smith. It was not asked and it was not volunteered. 



Mr. Synar. OK. You say, Mr. Sandefur, that is correct, Y-1 is not 

 a secret. Have you ever disclosed Brown & Williamson's develop- 

 ment of Y-1? 



Mr. Sandefur. To whom, sir? 



Mr. Synar. That's the point. Have you ever disclosed it any- 

 where? The development of Y-1? 



Mr. Sandefur. We — we applied for a patent, U.S. Patent Office. 

 We applied for a patent in Brazil, We disclosed it certainly to our 

 sister companies and our parent company. The 



Mr. Synar. Have you ever disclosed the Brown & Williamson 

 commercial use of Y-1 in cigarettes? 



Mr. Sandefur. Again, to whom? 



Mr. Synar. Anywhere. Your point was that it's not a secret and 

 yet we are having a hard time finding anywhere where you have 

 disclosed this commercial use or anything else. 



Mr. Sandefur, Congressman, I look at Y-1 just as I look at leaf 

 that comes from Zimbabwe or China or any other offshore leaf that 

 we might purchase. I don't disclose that either. There is nothing — 

 as I said in my statement, there is certainly nothing secret and sin- 

 ister about our use of Y-1. 



Mr. Synar. But you haven't disclosed it's use and it's develop- 

 ment anywhere. 



Mr. Sandefur. Nor have I disclosed the grades of tobacco that 

 are bought and produced every day. No, sir, I didn't. 



Mr. Synar. In your news release issued yesterday, you state that 

 the Department of Agriculture began the development of what be- 

 came Y-1 and that you onlv continued its development. 



Could you describe for the subcommittee the procedure you went 

 through to obtain this high nicotine plant from USDA? How did 

 you get it from the USDA if you didn't start its development. 



Mr. Sandefur. I can't — I can't answer that question. I'm the 

 wrong person to ask. I don't know. 



Mr. Synar. Will you provide that information for the record? 



Mr. Sandefur. Certainly, yes, sir. 



Mr. Synar. Was its obtained for experimental use only? 



Mr. Sandefur. I believe it was initially, but I will have to supply 

 the chronological 



Mr. Synar. Will you provide the information. 



Mr. Sandefur. Yes, sure, I will. 



