Tobacco Documents Online

t ME'MoRANDVIs March 16, 1994 To: " CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION THE A~OBAC C O IhTSTI'T'U'I'E 1875 I STREET, NORTHWEST SAMUEL D. CHILCOTE, JR. WASHINGTON, DC 20006 President 202 / 457-4800 0 800 / 424-9876 The M=:mbers of the Executive Committee This morning, t~ie House Appropriations Subcommittee on Agriculture, Ru:al Development, Food & Drug Administration (FDA) and Related AgeZcies held a hearing on Fiscal Year 1995 appropriations ffor the FDA. Although FDA Commissioner David A. Kessler's prepared testimony did not deal with tobacco issues, Subcommittee Chairman Richard Durbin engaged Kessler in a lengthy discussion of p-3tential regulation of tobacco by FDA. Philip R. Lee, M.D., assi3tant secretary for health in the Department of Health & Human Services (HHS), also participated in this discussion: A transcript from this part of the hearing is enclosed. The question-ar.3-answer session touched on FDA's ongoing analysis of 1°whether the nicotine in the cigarette is a drug" and on the review of cigarette ingredients conducted at HHS. Dr. Lee noted that HHS had recently "referred to the Department of Justice information that we asked them to investigate regarding the possibility that the tobacco companies were in fact adding nicotine to cigarettes." Dr. Lee also stated that the Centers for Disease Control is preparing a report to Congress on cigarette ingredients, which will be submitted to his office "ia the very near future." The major television networks have contacted The Institute for comment on the Department of Justice investigation. TI spokespersons have provided interviews thus far to ABC, CBS, NBC and CNBC. The Associated Press also is running a wire story on this issue. Today, Lorillaid Vice President and Chief Operating Officer Dr. Alexander W. S~~ears, Tobacco Institute consultant and former Member of Congiess Charles O. Whitley, and I briefed 23 Members from the tobacc,o-producing states on questions raised by recent media coverage on tobacco issues. Further details are provided by separate mei-Lorandum.

CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION The Members of ;:he Executive Committee March 16, 1994 Page Two REDACTED This hearing is tentatively sch=:duled for March 25 in the House Energy & Commerce Subcommittee on Health & the Environment, chaired by Rep. Henry Waxman. Potential witne-3ses are being contacted to address First Amendment conce:ns, the workings of the FDA, "warning" labels, "addiction" claims, nicotine, and ingredients. Your cooperation in identifying -ind providing these witnesses is very helpful. We will send fu-:ther information on the March 25 hearing and other developme.zts as it becomes available. SDC: cjy Enclosure cc: The Members of the Management Committee TI Senior 3taff 1 TIMN 0046937