207 



Mr. Sandefur. No, sir, I'm not suggesting that. I was responding 

 to what I believe to be the intent of the FDA. I have stated my 

 opinion on the risk of smoking and health. There is a physical asso- 

 ciation with it. I accept that and I think our obligation is to make 

 sure thai the American public has been duly warned about the 

 risks of smoking which we do. But put that on every pack of ciga- 

 rettes, on every carton of cigarettes because that's what Congress 

 has told us to do. 



Mr. Bryant. Mr. Smith, you were in a meeting on May 3 with 

 some FDA people who were looking into a number of questions and 

 at that time I understand they asked your people whether or not 

 Brown &. Williamson manipulates the levels of nicotine in your to- 

 bacco. 



Do you recall that? 



Mr. Smith. I do not recall that. I was at the meeting. I have read 

 Ms. Witt's testimony that we were asked about the breeding of to- 

 bacco for higher or lower nicotine levels. I further heard Dr. 

 Kessler on Nightline the night after Tuesday's hearing. I think he 

 said the same thing, that we were asked the question, whether the 

 company was engaged in any plant breeding for a higher or lower 

 nicotine level. 



I do not recall that question in either form being asked at the 

 meeting and I was there. I have inquired of others at the meeting 

 and they do not recall that question being asked. I do recall a ques- 

 tion being asked relating to genetic engineering and I recall a ques- 

 tion involving breeding work with farmers. 



Now, there may now appear to be some confusion in somebody's 

 mind about what those questions may have meant. At the time, 

 however, they were isolated single questions over a 9-hour day. At 

 the time, they were not perceived to relate to any of the issues 

 being talked about at this hearing today. 



Mr. Bryant. OK. I just wanted to know in order to make clear 

 that some of the veiled suggestions that you were misled by the 

 FDA ought to be responded to. We have affidavits from four of the 

 FDA personnel who were in the room at the time saying that they 

 specifically asked the question, does Brown & Williamson manipu- 

 late the level of nicotine or attempt to breed tobacco products for 

 the purpose of getting a higher or lower level of nicotine, and I 

 would like to submit those affidavits for the record, Mr. Chairman, 

 if I might do so. 



Mr. Waxman. Without objection, they will be in the record. 



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