In Reply.—First, in 1971, Scotts-Sierra
Crop Protection Company, a subsidiary of The Scotts Company, secured the registration
for the name Zyban for a fungicide product, Zyban WSB, for sale to the horticulture
market for use on ornamental plant material. The name has been used in marketing
this product to growers since that time. It was only in 1997 that Glaxo Wellcome
filed trademark papers to use the name "Zyban" for smoking cessation pharmaceuticals.
Second, the labeling for Zyban WSB states clear warnings, in both Spanish
and English, that include, among other warning language and precautionary
statements, that it is for professional use only, and is harmful if swallowed
or inhaled.