tirc-ctr-ti slides june 12 2003

8/8/2019 TIRC-CTR-TI Slides June 12 2003

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Buried in Paper:TI and TIRC/CTR Document Archives Anthony BrownJeannie GiffearMike Cummings


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Q : How manytobacco attorneysdoes it take toscrew in a light

bulb?


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A: Thats consideredprivileged information

you may never know.(But assuming that hourscan be billed, expect abunch).


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How NYS and RPCI got the documentsIn 1998, the Tobacco Institute (TI)

and the Council for Tobacco Research(CTR) are closed as part of the MSA.

In a separate lawsuit filed by theNYAG s office having to do with TI sand CTR s tax status as a not for profit organization, an agreement is reachedto release all TI and CTR files to theNYAG s office.

The agreement requires all files to beturned over to the NY State Archivesexcept for documents considered

privileged .Pallets of CTR boxes and TI boxes


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How NYS and RPCI got the documentsIn 1999, NY State Archives receives CTR files

from Debevoise and Plimpton.In 2000, 64 of approximately 6500 boxes of

TI documents are sent to the NY State Archives.

In 2000, RPCI received grant from NCI toindex and begin digitizing the TI/CTRcollections. RPCI hires firm to scan 4 boxes of documents (part of TI Public Affairs Division).

In 2001, it becomes evident that the NY State Archives was is not able to house the TI/CTRcollections because of lack of space andresources.

In 2002, RPCI negotiates an agreement withthe Archives and NYAG s office to acquire theTI/CTR collections so that they can bescanned.

Pallets of CTR boxes and TI boxes


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L ets Get Buried in PaperMay 2002 Roswell Park rents a U-Haul and picks up 320 boxes of

TI/CTR documents from the NYSA to begin scanning operation.

May 2002, NYAG asks Covington & Burling to release remaining TIboxes to RPCI. C&B holds back on shipping boxes suggesting that personnel records cannot be placed online because they are consideredprivileged.

September, 2003 NYAG requests the immediate shipment of remainingTI boxes. Stating that this in no event should this issue delay thedelivery of those documents there should be absolutely no delay inthe delivery of the vast majority of the vast majority of TI documents(to Roswell Park).


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L ets Get Buried in PaperO ctober 2002, regular shipments of TI documents begin to arrive at

Roswell Park.New Documents shipments from C&B

Do not have clear pages marking folder breaks.

Missing pages are not indicated.

Many boxes are crushed.

Many Boxes have contents shifted out of order

RPCI applies for funding to American Legacy Foundation (ALF) andFAMRI to support document scanning efforts.


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L ets Get Buried in Paper

February 2003, ALF provides 3-year ($800,000) grant toRPCI to support scanning effort. FAMRI grant still on hold.

W e estimate that the full collection of documents includes20 million pages of material.

Current funding will permit scanning of approximately of the TI collection.


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Privilege Claims or L egal Shredding?Preservation of Privilege:

This Plan and TI s dissolution pursuant to this plan ar e not int end ed to, and shall not be c onstruc ed or int erpr e t ed to alt er, int erf er e w ith or oth erwis e aff ect in any way TI s rights (a) to ass ert any privil eg e , including but not limit ed to attorn ey-cli ent privil eg e , joint d ef ens eprivil eg e or attorn ey work-product privil eg e , or to waiv e any such

privil eg e , or (b ) to hav e communications or to cr eat e docum ents that may be su bje ct to any such privil eg e.

Privilege Log:

Upon approval of th e P lan, TI shall d e liv er to th e Attorn ey Gen eral a privil eg e log of all docum ents for which TI has claim ed and continu es to claim privil eg e through th e dat e of approval of th e P lan . TI shall d e liv er to th e Attorn ey Gen eral an updat ed v ersion of its privil eg e log, if any such updat ed v ersion ex ists .


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Privilege Claims or L egal Shredding?

W e have discovered large numbers of missing pages from theTI boxes. (e.g., Sam Chillcote files, the Committee of Counsel,law drafts among others).

December 2002 site visit to Covington & Burling document

warehouse reveals that TI boxes are being carefully reviewedwith pages being removed.

As of today, it is clear that the original privilege log sent to theNYAG is incomplete, as new documents are clearly beingremoved from the collection under the privilege provision.

The NYAG s office has requested that C&B provide an up-to-date privilege log so that a record of documents on whichprivilege is claimed can be identified.


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W here are we today?NYAG currently working to obtain an updated privilege log and cross-

reference guide.Roswell Park receives 300 TI boxes per month (600,000 pages). RPCI

has had to rent an off site facilitate to store scanned documents.

W e anticipate that shipments will be completed within the first quarterof 2004.

Roswell Park is working with TD O to develop automated procedures tospeed up scanning and accession of the TI collection.

So far, RPCI has scanned over 2.5 million pages of TI documents sincestarting scanning operation in June 2002. Documents are posted to

TDO and images and O CR will be sent to UCSF Document Library.


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V alue of the TI and TIRC/CTR collections?

1 . Provides a fairly complete set of documentsorganized in a way that gives context to

each document (box and file leveldescriptors)

2. Most of the material is new and is not foundon the TI/CTR websites

3. The privilege log will identify documents thatthe industry does not want anyone outsidethe industry to see


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History of the TIRC/CTR


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1948

1952

1950

1953

A dvertising Health Claims

1953

1950


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Sowing the seeds of deceit

November 1953, O Parker McComas of PhilipMorris discusses the possibility of organizing atobacco trade organization with Stanley Barnesof the DOJ anti-trust division.

December 10, 1953 Paul Hahn, President of American Tobacco Company, sends a telegraminviting leading cigarette makers to a meeting inNew York City.

December 14, 1953 Industry executives meetingtogether at the Plaza Hotel in New York City.

508775393


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December 14, 1953 Industry Meeting

A joint public relations effort was needed to reassure thepublic that smoking was not a problemThe problem was so delicate a professional PR firm would

need to be hired.Hill and Knowlton considered to have the necessary

qualifications of high caliber and integrity and the experienceto handle the assignment.

W e are doing ourselves harm by health claims advertising,the companies agree to monitor their own advertising

680 26222 6-680 26222 8


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An industry research group should beestablished. This committee should beadvisory to the National Institutes of Health.

Research findings would he given widecirculation through the government and wouldhave a considerable degree of authority in thepublics mind.

680 26222 6-680 26 222 8


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That the expense of the public relations program would be pro-rated inaccordance with the relative volumes of business. cent per cigarette sold

Howto

Pay f o

r the Pr o

gram

680 26222 6-680 26 222 8


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Hill & Knowlton meets with Industry heads.

Heads confirm need for PR campaignwhich is positive in nature and is entirely pro-

cigarette All agree that the major problem is to get the

information out, instead of creating new research.

CTR MN 043113

December 15, 1953


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Hill & Knowlton was to administer all hiring and fundingThere would be a strong boardHahn would serve as first Chair

O pinion polls of certain groups like doctors and teachersmay be desirable.Hill & Knowlton will meet with research directors to learn

about the problem.CTR MN 043113


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TIRC - December 18, 1953 by la w s

MN AT006 22 064- MN AT006 22 071

The purposes and objectives of theCommittee are to aid and assist researchinto tobacco use and health, and

particularly into the alleged relationshipbetween the use of tobacco and lung

cancer and to make available to the public factual information on thissubject.

Paul Hahn serves as the first Chair of TIRC. He is

replaced after 3 months by O Parker McComas(PM) and then by Timothy Hartnett (retired B&W)who served as Chair until 1968.


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Following the December 15 th meeting Hill & Knowlton engages inintensive study of the problem. Research Directors and other representatives of leading companies are interviewed and allimmediately available material on the subject has been read,including newspaper and magazine articles, company statements,and various reports of medical research organizations.

On the basis of these preliminary studies, the firm developedcertain proposals for immediate action. These proposals weresubmitted for review and discussion to a group of public relationsrepresentatives available in New York.


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Here is our promise and truthscience coming soon

Smoke Without Fear is publishedDate: 1954 TIMN046 2479-TIMN046 251 2

TIRC publishes A ScientificPerspective on the CigaretteControversy In April 1954Considered to be the Whitepaper.

/TIMN046 2479- 251 2.html

Publishes A Frank Statement to CigaretteSmokers January 4, 1954


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TIRC as an information sourceGeneral News Releasesand published by using direct personal contacts with the

media. Special assistance to Press, Radio, magazines and Others.Provide facts to news sources like, the Associated PressSpecial Personal Contact are being made regularly editors of Newsweek, Time, US

News, Business Week, to encourage use of TIRC materialsSpecial personal contact, a story for Cosmopolitan information was provided resulting in

7 revisions and 5 quantifying additions to a story already in type.TIRC provided research and background for Donald O. Cooley article for TRUE

magazine. Also Further research and assemblage of materials give to Cooley for a shortbook You dont have to give up smoking.

Personal discussions often get favorable press in the New York Daily NewsSeveral editorials throughout the country result from direct personal contact with H&K

branch office staff.Two editorials for hometown weeklies are prepared for and then distributed by Press

Associates The Same Old Culprit and Truth Makes Slow Crop..

Hill & Knowlton s Report of Activities Through 540731


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Budgets 1954-1983

$2 ,103 ,533 inSpecialProjects

CTR H isto ry 6041074 and C TR SP-Files 027424

Only$314 ,448spent

$2 ,635 ,534 in Special

Projects


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Creation of the S AB

The first S AB includes scientists selected by theIndustry Technical Committee (ITC), formerlyknown as the Research Directors AdvisoryCommittee. The choices were made with the

support of Hill & Knowlton.

CTRMN007298


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Industry Research Committee 1955

Mr. Timothy V. Hartnett, ChairmanMr. W. T. Hoyt, Executive Secretary

Mr. Paul M. Hahn, President The American Tobacco Company,Mr. F. S. Royster, President Bright Belt Warehouse Assoc.Mr. EmeryM. Lewis, President Brown & Williamson Tobacco Corp.Mr. Albert Clay, President Burley Auction Warehouse Assoc.Mr. Paul D. Goddard,Manager Burley Stabilization CorporationMr. John W. Jones, President Burley Tobacco Growers Cooperative Assoc.Mr. W. T. Reed, Jr., President Larus & Brother Company, Inc.Mr. William J. Halley, President P. Lorillard Company, Inc.Mr. Samuel C. Linton, GeneralManager Maryland Tobacco Growers Assoc.Mr. O. Parker McComas, President PhilipMorris, Inc.Mr. Edward A. Darr, President R. J. Reynolds Tobacco CompanyMr. William P. Schweitzer, Vice President Peter J. Schweitzer, Inc.Dr. C. S. Stephano, Director of Research Stephano Brothers,Mr. J. B. Hutson, President Tobacco Associates, Inc.Mr. J. Whitney Peterson, President United States Tobacco Company


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Q uestion: Suppose thetremendous amount of research going onwere toreveal that there is a cancer -causing agent in cigarettes,what then?

Dr. C.C. Little: it would bemade public immediatelyandthen efforts would be taken toattempt to remove thatsubstance or substances.

-E dward R. Murrows Second TV show onCigarettes and Lung Cancer 06/07/55

Dr. Clarence C ook LittleScientific Direct o r 1954-1971; app o inted June 19545 m o nths after the Fran k

Statement


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D r. Robert Hockett1954-1984

Consultant to Arthur D. Little, Inc

Professor of Chemistry at MIT

Consultant to beverage food andpharmaceutical companies

W orks with Ad Hoc committee,on CTR special projects as well asthe SAB

"Dr. Hockett Joins Tobacco Group ". 06 Dec 1954 . Bates: MN AT0069 2649 .http://tobaccodocuments.org/atc/ 60 246 304 .html


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Scientific A dvisory Board 1954McKeen Cattell, M.D 03/30/54 04/13/73

Julius Comroe, Jr., M.D 08/12/54 03/16/60Paul Kotin, M.D 04/12/54 11/26/65Clarence Cook Little, D.Sc 03/31/54 12/23/71Kenneth M. Lynch, M.D 03/31/54 11/29/74Stanley P. Reimann, M.D 03/29/54 02/21/68William . Reinhoff, Jr., M.D 04/02/54 09/01/72

Edwin B. Wilson, Ph.D 07/12/54 12/28/64Leon O. Jacobson, MD 04/05/54 04/01/91

Of the nine that serve, 6 were over age 60.

Of the original 9, 5 were 80+ by the time they retired from the SAB

Of the original SAB members All but one serve more than 10 years.

John Craighead served 1976-1977 and left very angryand testified in asbestos cases

512678484


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The Birth of the TI

1. TIRC and Hill & Knowlton spread thin betweenPR and science

2. Research tainted by PR statements of TIRC(retain Dr. Little as a possible future witness)

3. Health claims advertising lead to public hearingsin 1957

4. TI is formalized in 1958 as the PR and lobbyingarm of the industry


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TID

ivisions

President and Admin

State Activities Federal Relations LibraryInformation

Center

Executive Committee Committee Of Counsel

Public Affairs Scientific Affairs

TI Counsel(Covington & Burling)

Data Processing

Media Relations

Production

Labor Relations

Labor Relations

Communications Committee


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Committee of Counsel

Committee Of Counsel monthly meetings held before or after theExecutive Committee meeting.

Committee members chosen yearly by the companies.

Same Committee advises TI and CTR on PR and research.

Although not paid for by the TI or CTR, claims of attorney client

privilege made over Committee of Counsel documents related to TIand CTR.


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Inter-Industry CommitteesCommunications Committee

Martin Orlowsky

J. Robert Ave

Harold Grant

Erik Lindqvist

James MorganJohn Rupp

Eugene Russell

William Shinn

Committee Of Counsel

Bincor Aringhouse (In houseTI Counsel 78- 79) Arthur Stevens

H. Thomas Austern

James Chapin

Joseph Greer

Alexander Holtzman

Ernest Pepples

William Shinn

Stanley Temko (CB)Samuel H. Witt, III

Executive Committee

Curtis Judge - Lorillard

Arthur Stevens

James Bowling PM

Hugh Cullman- PM

KVR Dey, Jr.Edward Horrigan- RJR

IW Hughes

Ernest Pepples B&W

Robert Seidensticker Charles Tucker


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Disseminatetax issues

Issue Proposals

Labor ManagementCommittee

Federal, State, LocalLobby Efforts

Newsletters toadvocates and TAN

MobilizationTobacco Action Net.50 boxes of members

Committee Of Counsel

Covington & Burling

CommunicationsCommittee

PublishedCritiques

Review Papers

Media Tours

Social CostsRestrictions

Youth InitiativesTaxes

Press, AdvisoriesPolling, Newsletters,ExternalMailing

Economic Impact,Print and Broadcast

monitoringScientific Papers

TI Publications

Produce materialscampaigns, tapes

Issue Research

PublicA ffairs

State Activities

InformationCenter

Scientific Affairs ProductionFederal Relations

Media Relations


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TI D ivisions Public A ffairs

Public Affairs

Objectives To balance reports and to broaden thepotential audience and reach of the industrys message

Strategies Increase the level of proactive mediacounter-attackand proactive strategies.

Speakers and Prior Knowledge of anti-smokinginitiatives, keep the institute in the lead.


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TI D ivisions

Public Affairs

Boxes of interest:

TAN (Tobacco Action Network) The Industry Grass Rootscampaign

Taxes Social costs and tax burdens

Media tour schedules

State by state legislation, lobbies and rewrites

Federal Relations Letters for congressmen

Full ledgers with quarterly accounts of who was paid, lobbyists,congress, senators and local officials


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TIRC Becomes CTR 1964

Purpose to create an identity separate from the tobaccoindustry

Despite this desire, industry control of over CTR researchincreases with a menu of daily specials

Special projects

Special accounts

Special assignments


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CTR Special Projects

03746184

Two purposes:

1. To develop witnesses, not to develop theultimate in science. Some don t pan out aswitnesses but can lead us to otherwitnesses and ideas.

2. To further our ability to make scientificarguments through scientists. Most research is epidemiological in nature. Theprogram is primarily aimed at seekingalternative hypothesis of diseasecausation.

Research administered and funded through CTR,but not approved by the SAB


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L awyer D riven Research

Not only were lawyers involved with the fundingprocess, they were intimately connected withactually finding researchers to submit proposals

to the SAB. If the SAB did not approve, theresearcher was given funding through SpecialProjects.


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W ho chooses research


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A ctive Special Projects 1987T. Sterling - $486 ,000 , A continuing critical review of major factors in statistics studies in the area of smoking and healthSimon Fraser University (Sterling) - $46 ,000 ,computer analysis of health related dataA. Jenson - $86 ,564 , Search for papilloma -virus DN A in pre -malignant and malignant squamous cellslesions of the oral cavity

W . Gutstein - $80 ,2 43, Hypothalmic stimulation andcardiovascular disease

O ak Ridge Labs (Guerin) - $367 ,851 , Methodologyfor quantitating exposure to inhalable ambienttobacco smokeACV A Atlantic Inc. - $9 ,2 00 , Residential inspections

indoor air pollution


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A ctive Special Projects 1987, continued

D. DiNardi- $

289

,01

3, A

ssessing the contribution of environmental tobacco smoke to the respirablesuspended particulate levels in the indoor environmentA. Feinstein - $57 ,000 , Identification of sources of

bias in data,, groups, and comparisonsL. Kupper - $20 ,600 , Statistical age -period -cohortanalysis of lung cancer mortality data

E . Husting - $9 2, 46 3, methodological study of theeffects of control selection and exposureascertainment bias in the case -control contestH. Rothschild - $24 ,3 82, genetics and cancer J. W akefield - $19 ,000 , Study to assess therelationship between methodological qualify of previous smoking and health studies and their results


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CTR Special A ccounts

Funds set aside to pay scientists to do literaturesearches to help the industry lawyers and PR peopledevelop evidence useful for refuting negative health

claims about cigarettes

Funds set aside to pay for scientists to givetestimony at public hearings

CTR Special A ssignments


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O verall StructureIndustry TechnicalCommittee (ITC)

IndustryResearch Directors

Ad HocSpecial ProjectsLocate beneficial

researchersRun Special Accounts

Special AssignmentsIssues (SGR)

CommunicationsCommittee

ChairmanHahn, McComas 1954Hartnett to 1968Ramm to 1975 A.Yeaman to 1980Hobbs to 1990Glenn to 1998

CTR & Staff

SABSAB Exec. Comm.

President A. YeamanT. Hoyt

RammR.Gertenbach to 199 2

CounselShook Hardy

Board of DirectorsMade up ofcompany CE Os

Early on thisgroup was also

called theIndustry

Research Comm

There was also anExecutive Comm.

of the BoardCommittee of Counsel

General Counsel Also called the Law Committee

until 1958

PR (also part of theComm Committee)Hill & Knowlton - 1964

Leonard Zahn & Assoc.H&K employeesemployed by CTR

http://t o bacc o do cuments. o rg/ctr/60039708-9714.htmlCTR H isto ry

E xec.VP andSec. Hoyt

Science DirectorsCC Little to 71 Gardner to 81 Sommers to 87

Glenn to 1990Mc Allister to 98


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A ttorney-Client Privilege

August 1985, counsel from Covington & Burling andother law firms meet to discuss CTR document production.

Attorneys were torn over the issue of claimingprivilege over CTR documents. Paul Crist representing RJR stated

my staunch defense of clai ming pr ivil e g ewhe n e v er appropr iat e w as u nd er co nstant and n e arly u nanimous si e g e. Th os e not inclin e d to claim p rivil e g e did so on th e b asis of CTR ind epe nd e nc e.


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A ttorney-Client Privilege

CTR (as opposed to SAB) is not independent.

Asserting the privilege and risking a loss of independence is preferable to waiving the

privilege and permitting proof of a lack of independence through the documents.

A decision that a document wasn t privileged orthat a privilege should be waived, would openJM&F s files, CPW &W s files, and SH&B s files to

subpoena.

These statements were redacted in a later version of this document!!

Crist notes in his report on the meeting that he argued that


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Soul SearchingNob ody be li e v e s we ar e int e r e st e d in th e truth

on this su bje ct th e fact that a multi b illion dollar industry has p ut up 30 million dollars for this ov e r a t e n-y e ar p e riod cannot be impr e ssiv e to a pu b lic w hich at th e sam e tim e is told we sp e nd upwards of 300 million dollars in on e y e ar on adv e rtising .

He lmut Wa ke ham , P hilip Morris , 1970


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[ i]t has been stated that C TR is a pr o gram t o find o ut the truth ab o ut[ i]t has been stated that C TR is a pr o gram t o find o ut the truth ab o utsmok ing and health. What is truth t o o ne is false t o ano ther. C TR andsmok ing and health. What is truth t o o ne is false t o ano ther. C TR andthe Industry have publicly and frequently denied w hat o thers find asthe Industry have publicly and frequently denied w hat o thers find astruth. Lets face it. We are interested in evidence w hich w e believetruth. Lets face it. We are interested in evidence w hich w e believedenies the allegati o n that cigarette sm ok ing causes disease.denies the allegati o n that cigarette sm ok ing causes disease.

In 1970, H elmut Wa k eham w rites in a mem o to the President o f Philip M o rris

--Start Bates 2022200161


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Meeting of the CTR Yeaman, Ganduert, Hockett,Stevens, Judge

CTR = Cheap Insurance


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W ill history repeat itself?


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TI L ives On?GOP Whip Quietly Tried to Aid Big Donor

O nly hours after Rep. RoyBlunt was named to theHouse's third -highestleadership job inNovember, he surprisedhis fellow top Republicansby trying to quietly insert aprovision benefiting Philip

Morris US A into the 475-page bill creating aDepartment of HomelandSecurity.

Also this spring, Blunt brokered a dealwith Rep. E rnie Fletcher (R -Ky.) tofight for a vote on legislation that couldopen the door to Food and Drug Administration regulation of tobacco, atop priority for Philip Morris , a senior House G O P leader said. Philip Morriswould benefit because it is far aheadof its competitors in designing andselling "safer " cigarettes.