221 



Mr. Sandefur. No, sir. That is not part and parcel to the sale 

 and marketing of our cigarettes or the design of our cigarettes, no, 

 sir. 



Mr. BiLlRAKlS. OK. So again, you say under oath that Brown & 

 Williamson 



Mr. Sandefur. That's correct. 



Mr. BiLlRAKis [continuing], has never had any intent insofar as 

 that area is concerned. 



Mr. Sandefur. Yes, sir. 



Mr. BiLlRAKlS. Can you speak for any other members of the to- 

 bacco industry or would you rather not? 



Mr. Sandefur. I would rather not. 



Mr. Bilirakis. OK. And then of course it goes on 



Mr. Sandefur. But, Congressman, my suspicion — I shouldn't say 

 suspension. We had a lot of that floating around, but they wouldn't 

 disagree with what I have just said. 



Mr. Bilirakis. And just to continue on, C articles intended for 

 use as a component of any article specified in Clause A, B or C and 



1 would assume that your answer is the same to that. 



It might be interesting to you and I expect you probably have 

 seen the C-SPAN of the hearing Tuesday when I asked the same 

 questions of Dr. Kessler, and he at that time said that the inves- 

 tigation is ongoing and he could not at this time come up with an 

 opinion or any type of a decision as to whether or not intent was 

 within the scope of the act. 



Mr. Sandefur. I saw that, yes, sir. 



Mr. Bilirakis. You saw that. All right. 



Now, you also mentioned by the way something about black mar- 

 ket and as I understand it, I think in his March remarks to this 

 committee. Dr. Kessler also stated something about black market. 

 And in the list of questions that I gave to him, I read to him basi- 

 cally into the record and asked him to respond within a couple of 

 days this chairman gave — a couple of weeks the chairman gave him 



2 weeks one of those questions had to do with his comments about 

 black markets and had to do with any memorandums or anything 

 of that nature involving that. So we are all going to be very inter- 

 ested to see the responses to those questions. 



Mr. Sandefur, I haven't missed too much of your testimony. I 

 guess when we were called to vote, I did go to vote and was on the 

 telephone for a couple of minutes, but I don't think you've said any- 

 thing about I'm going to use the term of harassment of Brown & 

 Williamson employees by whomever. I don't say it was the FDA. 

 Although I have some affidavits here which we made copies of and 

 I had intended those copies go to every member of the subcommit- 

 tee. 



There is an affidavit from Mr. James L. Bamett who was em- 

 ployed with your company from 1961 to 1990, and he tells me 

 about two agents who identified themselves as being FDA inves- 

 tigators arrived at this place where he now — the farm which appar- 

 ently he now resides. 



They asked primarily about experimental tobacco raised for 

 Brown & Williamson, et cetera. And then on the second page, he 

 says I had heard through media reports and the like that the FDA 

 was alleging that Brown & Williamson and other tobacco compa- 



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