ABC Apology Will Not Affect FDA's Nicotine Decision

Definition of Nicotine as a "Drug" Doesn't Require Evidence of "Spiking"

ABC-TV's apology concerning its broadcast about nicotine manipulation should have no effect on the FDA's determination that nicotine is a "drug," says the attorney whose organization triggered the current regulatory proposal.

"Even before the ABC broadcast, the FDA had tentatively concluded that nicotine in cigarettes was a drug."

"That conclusion was further strengthened by newly-revealed documents where tobacco industry executives repeatedly admit and even brag that nicotine is an ideal addictive drug," says law professor John Banzhaf, Executive Director of ASH.

It is the case brought by ASH, Action on Smoking and Health v. Harris, upon which the FDA principally relied in making its current determination.

"Evidence of industry intent is further buttressed by documents showing that the major cigarette makers actively experimented with nicotine, apparently trying to bolster its ability to satisfy the addictive cravings of smokers."

Documents suggesting that they actually hoped to eventually addict third-grade children with disabilities, and see if anxiety increases the need for nicotine, are both powerful evidence and especially despicable, says Banzhaf.

The tobacco companies have placed a major portion of the blame for the FDA's comprehensive proposals to regulate the nicotine in cigarettes -- as it has long regulated nicotine in chewing gum and nicotine patches -- on Action on Smoking and Health.

Their complaint charges that ASH's "threats," "pressure," and "a carefully orchestrated public relations campaign" were behind the agency's action.

"There's something both ironic and sick about the tobacco industry blaming others for using threats, pressure, and public relations campaigns," says Banzhaf.

FOR IMMEDIATE RELEASE: Tuesday, August 22, 1995

FOR MORE INFORMATION, CALL: John Banzhaf (202) 659-4310

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