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DECLARATION OF JACK NHTCIIELL 



1. My name is Jack (John H.) Mitchell. I am employed by the Food and 

 Drug Administration (FDA). My position is Deputy Director of the 

 Commissioner's OfTice of Special Investigations. My responsibilities in this 

 position include work on the FDA's investigation into the role of nicotine in 

 cigarettes. 



2. On May 3, 1994, I accompanied other FDA representatives to a Brown 

 and Williamson facility in Macon, Georgia. We met with several Brown 

 and Williamson ofTicials and their attorneys, including: Dewey Carter, 

 Rufus Honecutt, Kendrick Wells, Dan Synder, Randy Harrison, Drew 

 McMurtrie, Sandra Cox, Gary Nicolson, Gene Pfeifer and Gordon Smith. 



3. During the meeting, which lasted several hours, the FDA representatives 

 asked a number of questions concerning whether Brown and Williamson 

 controlled or monitored nicotine in tobacco. One such specific question 

 centered around whether the company had performed any plant breeding. 

 My notes do not reflect who specifically who asked that question, nor who 

 initially answered that inquiry on behalf of Brown and Williamson. 

 However, my handwritten notes indicate that the answer was that the 

 company had done no such work. 



My notes also reflect that a second individual, company counsel 

 Kendrick Wells, modified or added to the company's response by stating 

 that Brown and Williamson financially supported university research with 

 farmers in the area of plant breeding-"lndirectly" and "generally" were the 

 words jotted down in my notes to describe Mr. Wells's description of the 

 company's support in this area. I have attached a copy of the relevant 

 portions of my notes which relate to those statements and my recollections 

 of them. 



I declare under penalty of perjury that the foregoing is true and 

 correct. 21 U.S.C. 1746. G^J^M^U^ ^ ^ 



'Oack Mitchell 



Executed on this 22nd day of June, 1994. 



