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Bliley Brown & Williamson

Confidential Communication by B&W in-House Counsel to B&W in-House Counsel and B&W Management Reflecting Legal Advice and Attorney Opinion Work Product Regarding Diethylene Glycol.

Date: 18 Jun 1984
Length: 2 pages
512100632-512100633
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Type
MEMORANDUM
Author
Sachs, R.
Recipient
File
Copied
Pepples, Ernest, J.D. (BW General Counsel and Sr. VP)
Esterle, G.
Rosene, J.

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Page 1: 512100632 Log in for more options!
M EM O RAN D UM FILE ~ E. Pepples, 6. Esterele, J. Rosene ~,~LIMITED FROM: R, H, S, DATE: June 18~ 1984 RE: .Diethylene 61ycol This is a most curious case. We use Diethylene Glycol on some of our mmoking tobaccos. One of our people in R&D had some question about the use of DEG and asked a Sales Representative of Union Carbide (our supplier) about it, We were not prepared for the response. Union Carbide indicated that it had not known that we were using DEG on smoking tobacco and that it wanted us to stop immediately. So strong was their feeling that they told us they would not sell DEG to us an)~nore (although they did agree to fulfill the last order so that we would have some .time to develop a substitute). Scientific references were cited to us as the bases for their action. Our scientists read the references, but could not see what Union Carbide was so upset about. We recieved a letter from the Union Carbide sales representative stating that DE8 could not continue to be used on smoking tobacco because of health concerns~ ,that UnioD C&rbide would be glad to supply a subskitute~ and that Union Carbide only recently found out about our use of DEG on smoking tobacco, , o .......
Page 2: 512100632 Log in for more options!
I contacted the Union Carbide General Counsel to discuss the matter. After an investigation, a lawyer in his office called me to say: I. Union Carbide had &bsolutely no problem with our use of DEG on smoking tobacco or cigarettes, 2. Union Carbide had mistakenly thought that we were using the product in chewinq tobacco. They are of the opinion that the use of DEG in chewing tobacco would be a health hazard because it would be "ingested". 3. The sales representative was in error In writing the letter. Union Carbide would draft a follow-up letter that we can review before it is tent. They are willing to cooperate in any way they can to rectify this situation. While Union Carbide is satisfied that our continued use of DEG in smoking tobacco does not pose a health hazard, we should not let the matter rest there. If the "ingestion" of DEG applied to chewing tobacco it a problem (as Union Carbide seems to indicate it is)~ then how is it that they are so ture that its inclusion in smoking tobacco poses no problem? We will look into this matter further, 2 R. H. SACHS

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