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OCR Page 1 of 67S: WPSHR LEGCNSL \XYWRITE CONSUMER TABAC.
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the risks and benefits to the population as a whole,
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including users and non-users of the tobacco prod-
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uct, and taking into account—
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"(A) the increased or decreased likelihood
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that existing users of tobacco products will stop
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using such products; and
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"(B) the increased or decreased likelihood
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that those who do not use tobacco products will
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start using such products.
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"(5) BASIS FOR ACTION.-
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"(A) For purposes of paragraph (2)(A),
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whether permitting a tobacco product to be
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marketed would be appropriate for the protec-
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tion of the public health shall, when appro-
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priate, be determined on the basis of well-con-
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trolled investigations, which may include one or
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more clinical investigations by experts qualified
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by training and experience to evaluate the to-
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bacco product.
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"(B) If the Secretary determines that
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there exists valid scientific evidence (other than
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evidence derived from investigations described
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in subparagraph (A)) which is sufficient to
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evaluate the tobacco product the Secretary may
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authorize that the determination for purposes
S. 1415 RS
April 29, 1998 (2:39 p.m.)
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