220 



that and then realize that there is a heck of a lot of regulation al- 

 ready now of the tobacco industry, so would you do that for the 

 subcommittee? 



Mr. Sandefur. I would be glad to do it, yes, sir. 



Mr. BiLlRAKis. All right. Now, we are talking about further regu- 

 lation and, obviously, the further regulation would be the Food and 

 Drug Administration. Under that statute, the term drug is defined 

 and I realize that there is some emphasis only pharmacology and 

 things of that nature. But articles — the term drug means articles 

 recognized in the official United States pharmacopoeia. 



I'm told that tobacco is not listed in that pharmacopoeia, so it 

 certainly wouldn't meet that test, would it, official homeopathic 

 pharmacopeia of the United States. I don't know whether it is list- 

 ed therein or not. I think it is something that this committee ought 

 to know or the official national formulary or any supplement to any 

 of them. Then it goes on to talk about intent which I think is really 

 key here. 



We talk about addiction and whatnot, and I suppose to some de- 

 gree maybe addiction could be related to intent depending on of 

 course on what the evidence is, but it says articles intended for use 

 in the diagnosis, cure, mitigation, treatment, or prevention of dis- 

 ease in man or other animals and you are under oath, sir. 



And I ask you, has there ever been any intent on the part of 

 Brown & Williamson or as far as you know, you may not want to 

 answer this portion of the question. As far as you know, anybody 

 in tobacco industry that has in any way intended to use this prod- 

 uct for any of these particular reasons? 



Mr. Sandefur. No, sir, not that I know of. 



Mr. BiLlRAKls. So as far as Brown & Williamson is concerned, 

 you are aware of that; is that correct? 



Mr. Sandefur. Yes, that is correct. 



Mr. BiLlRAKis. And would you say that answer precedes your 12 

 years with the company? I mean, going back let's say to the dates 

 of some of these documentation 30 years old, et cetera. 



Mr. Sandefur. I can tell you that that's my belief, yes, sir. 



Mr. Bilirakis. OK And you are saying that to us under oath. 



Mr. Sandefur. Yes, sir. 



Mr. Waxman. Mr. Bilirakis, would you yield to me? 



Mr. Bilirakis. Yes, sir. 



Mr. Waxman. First of all, I think you incorrectly stated the defi- 

 nition of a drug under the Food and Drug Act and the drug, as I 

 understand it, is any substance that is intended to affect the struc- 

 ture and function of the body. 



Mr. Bilirakis. Mr. Chairman. 



Mr. Waxman. Maybe you could ask him the question. 



Mr. Bilirakis. Wait a minute. That is subchapter (c) of this and 

 I plan to go into it. 



Mr. Waxman. OK Thank you. 



Mr. Bilirakis. And C articles other than food intended to affect 

 the structure or any function of the body of man or other animals, 

 and I would ask you about that in terms of intent. 



Mr. Sandefur. Not that I know of. 



Mr. Bilirakis. And I have not misstated, because I have been 

 reading right from the book. 



