204 



sented as including the tobacco leaf in question, whether or not the 

 nicotine level was elevated. 



So I think if we are going to apply rigid standards, let's apply 

 them across the board and most particularly to our own govern- 

 mental expert. Thank you. 



I thank the gentleman for yielding. 



Mr. Greenwood. Mr. Sandefur, I'm sure that it's difficult to re- 

 call as we traipse through Y-1 and Project Wheat and whether or 

 not you should have memorized the 7,000 pages you delivered to 

 us before you got here, but the alleged purpose of this hearing is 

 really not so much about any of those things as it is about whether 

 the FDA ought to assert some regulatory responsibilities and duties 

 over tobacco products and, particularly I guess, cigarettes, and 

 whether we in the Congress ought to give them additional powers 

 they don't have now. 



So I would like to ask you specifically what you think the im- 

 pacts might be of the FDA regulating the product that you manu- 

 facture. 



The FDA when it regulates products does things like require that 

 the product label list the products contents. They might stipulate 

 your contents. They might say to you that if the FDA had a regula- 

 tion that you shall have this much nicotine in this product and no 

 more and this much tar and no more. They could control the dos- 

 age of the nicotine. 



You could advertise Big Nick, this is a high nicotine certified by 

 the FDA as big nicotine cigarette here or little in this case, what- 

 ever it might be. So I am interested to know what you think the 

 influences or the outcome mighl '^e of the FDA regulating your 

 product. Mr. Kessler suggested, for instance, that maybe it would 

 be a good idea to require cigarettes to have such a low nicotine 

 level that teenagers might be able to smoke them and not become 

 addicted. 



I would like your reactions. 



Mr. Sandefur. Well, Congressman, I can't agree with Dr. 

 Kessler, obviously, because I don't believe there is addiction so 

 that's where we break down. 



And I certainly don't market my cigarettes to teenagers. And I 

 know that there are laws on the books that prohibit teenagers from 

 purchasing cigarettes. As far as what would happen if we give FDA 

 jurisdiction, it seems to me that what we are talking about is tak- 

 ing the jurisdiction away from everybody else and giving it all to 

 Dr. Kessler because the fact of the matter is that our ingredients 

 today are, I assume, because we certainly supply them are re- 

 viewed by the U.S. Department of Health and Human Services. 



We've been doing that, I believe, since 1984. The FTC takes ju- 

 risdiction over the advertising and labeling of our products. So I 

 don't — ^you know, if Congress sees fit to pass a law that we have 

 to put on our packs the ingredients, I'm sure we will comply with 

 that, but just as the Congress has done with the warning state- 

 ments that we have on our packets and cartons today. 



Mr. Greenwood. What if the FDA were to stipulate the contents 

 of cigarettes? In other words, what if the government designed 

 cigarettes to have this much of this product in it and this much nic- 



