FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 54 (2000)

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Cite as: 529 U. S. 120 (2000)

Breyer, J., dissenting

have long wanted their products to produce those effects in this way.

For example, in 1972, a tobacco-industry scientist explained that " '[s]moke is beyond question the most optimized vehicle of nicotine,' " and " 'the cigarette is the most optimized dispenser of smoke.' " 61 Fed. Reg. 44856 (1996) (emphasis deleted). That same scientist urged company executives to

" '[t]hink of the cigarette pack as a storage container for a day's supply of nicotine. . . . Think of the cigarette as a dispenser for a dose unit of nicotine [and] [t]hink of a puff of smoke as the vehicle of nicotine.' " Ibid. (Philip Morris) (emphasis deleted).

That same year, other tobacco industry researchers told their superiors that

" 'in different situations and at different dose levels, nicotine appears to act as a stimulant, depressant, tranquilizer, psychic energizer, appetite reducer, anti-fatigue agent, or energizer. . . . Therefore, [tobacco] products may, in a sense, compete with a variety of other products with certain types of drug action.' " Id., at 44669 (RJR) (emphasis deleted).

A draft report prepared by authorities at Philip Morris said that nicotine

" 'is a physiologically active, nitrogen containing substance [similar to] quinine, cocaine, atropine and morphine. [And] [w]hile each of these [other] substances can be used to affect human physiology, nicotine has a particularly broad range of influence.' " Id., at 44668-44669.

And a 1980 manufacturer's study stated that

" 'the pharmacological response of smokers to nicotine is believed to be responsible for an individual's smoking

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