Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 1 of 5 PageID# 10741
`Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 1 of 5 Page|D# 10741
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`EXHIBIT 10
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`EXHIBIT 10
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`Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 2 of 5 PageID# 10742
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`UNITED STATES
`INTERNATIONAL TRADE COMMISSION
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`In the Matter of Investigation No.
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`CERTAIN TOBACCO HEATING ARTICLES 337-TA-1199
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`AND COMPONENTS THEREOF
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`Pages:
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`Place:
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`Date:
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`285 through 555 (with excerpts)
`Washington, D.C.
`January 26, 2021
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`OPEN SESSIONS
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`HERITAGE REPORTING CORPORATION
`Official Reporters
`1220 L Street, N.W., Suite 206
`Washington, D.C. 20005
`(202) 628-4888
`contracts@hrccourtreporters.com
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`Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 3 of 5 PageID# 10743
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` 454
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` 1 IQOS and HeatSticks from the U.S. market will not
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` 2 negatively impact U.S. public health and welfare.
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` 3 Q. And were there any particular components of that
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` 4 opinion that support your overall opinion as you just
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` 5 stated?
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` 6 A. Yes, there were a lot of components, but I've
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` 7 listed three here that are among the most important in my
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` 8 mind. First of all, and maybe most importantly, there are
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` 9 literally thousands of existing PRRPs on the U.S. market
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` 10 that have at least the same harm reduction and transition
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` 11 rate, where transition rate is moving people away from
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` 12 combusted cigarettes, as -- as IQOS.
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` 13 I also believe that, because the product IQOS
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` 14 has not been on the market for very long at all, that the
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` 15 global literature and more so even the literature on the
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` 16 United States population does not yet demonstrate that IQOS
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` 17 will benefit public health as a whole.
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` 18 One of the most critical issues with the product
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` 19 in my mind is the evidence that's growing that dual use of
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` 20 IQOS and combustible cigarettes is the predominant use
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` 21 pattern.
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` 22 Q. All right. Well, let's start with the -- what
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` 23 you said were the thousands of existing PRRPs,
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` 24 Dr. Murrelle. Can you just describe generally those
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` 25 products that you're familiar with that are currently sold
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`Heritage Reporting Corporation
`(202) 628-4888
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`Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 4 of 5 PageID# 10744
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` 458
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` 1 estimation?
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` 2 A. I'm sorry, your question was how many different
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` 3 PRRPs?
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` 4 Q. Yeah. How many different PRRPs are currently
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` 5 available in the United States, on the United States
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` 6 market?
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` 7 A. I'm not sure anybody has an exact number, but
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` 8 for the purpose of this process, I did look into the -- the
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` 9 global Internet advertising and so forth, and I identified
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` 10 hundreds of products that are available currently to the
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` 11 U.S. consumers who want to reduce the harm caused by
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` 12 combustible cigarettes.
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` 13 While there are hundreds of products, remember,
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` 14 each of these products, almost all of the products I've
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` 15 talked about today, come in a variety of forms. They come
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` 16 -- there are multiple brands of these things. They come,
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` 17 some of them, in many alternative flavor combinations or --
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` 18 or single flavors. And they also vary according to
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` 19 nicotine strength.
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` 20 So that -- that means that there are many, many,
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` 21 many thousands. In fact, recently we were on a phone call
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` 22 with the Center for Tobacco Products, the FDA, and after
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` 23 the September 9th submission last year of PMTAs, they told
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` 24 us that they had received PMTAs for approximately a billion
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` 25 products in the ENDS category alone.
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`Heritage Reporting Corporation
`(202) 628-4888
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`Case 1:20-cv-00393-LO-TCB Document 477-9 Filed 03/11/21 Page 5 of 5 PageID# 10745
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` 555
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` 1 CERTIFICATE OF REPORTER
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` 2 TITLE: Certain Tobacco Heating Articles
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` 3 INVESTIGATION NO: 337-TA-1199
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` 4 HEARING DATE: January 26, 2021
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` 5 LOCATION: Washington, D.C. - Remote
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` 6 NATURE OF HEARING: Evidentiary Hearing
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` 7 I hereby certify that the foregoing/attached
` transcript is a true, correct and complete record of the
` 8 above-referenced proceedings of the U.S. International
` Trade Commission.
` 9 Date: January 26, 2021
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` 10 SIGNED:
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` 11 Signature of the Contractor of the
` Authorized Contractor's Representative
` 12 1220 L Street, N.W, Suite 206
` Washington, D.C. 20005
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` I hereby certify that I am not the Court Reporter
` 14 and that I have proofread the above-referenced transcript
` of the proceedings of the U.S. International Trade
` 15 Commission, against the aforementioned Court Reporter's
` notes and recordings, for accuracy in transcription in the
` 16 spelling, hyphenation, punctuation and speaker
` identification and did not make any changes of a
` 17 substantive nature. The foregoing/attached transcript is a
` true, correct and complete transcription of the
` 18 proceedings.
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` 19 SIGNED:
` Signature of Proofreader
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` I hereby certify that I reported the above-referenced
` 21 proceedings of the U.S. International Trade Commission and
` caused to be prepared from my tapes and notes of the
` 22 proceedings a true, correct and complete verbatim recording
` of the proceedings.
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` SIGNED:
` 24 Signature of the Court Reporter
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` 25
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`Heritage Reporting Corporation
`(202) 628-4888
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