Bliley Brown & Williamson
Confidential Communication From B&W in-House Counsel to B&W Management Providing Legal Opinion and Advice Regarding A Report Entitled ""the Functional Significance of Smoking in Everyday Life""
Fields
- Type
- MEMORANDUM
- Author
- Pepples, Ernest, J.D. (BW General Counsel and Sr. VP)
- Recipient
- Kohnhorst, E.
- Copied
- Humber, T.
Document Images
MEMORANDUM
E. E. K.
AUG 161984
PRIVILEGED
TO:
FROM:
DATE:
"E.E~"Kohnhorst"I
E. Pepples
August 16, 1984
In my opinion, any direct use either by Brown & Williamson or
by industry public affairs representatives of the report
entitled "The Functional Significance of Smoking in Every Day
Life" would be inappropriate and inadvisable. Even the theme
of the report, which promotes the concept of "the psychological
benefits of smoking," is not appropriate or advisable as a
public affairs position.
The report cites two articles by Rob Stepney who apparently has
had a substantial influence on the authors. While the authors'
use of references and supporting sources appears to be
generally accurabe, some of the authorities cited might
disagree with the general position set forth in the report,
namely they might maintain that cigarette smoking is a not a
suitable "coping aid" in everyday life.
There are more serious problems with this report.
In developing and carrying forward the position that a "simple"
addiction model cannot explain smoking behavior, the report
seems to concede that many potential criteria for addiction
identification are met by smoking behavior. For example, the
report urges the position that the primary motivation for
smoking is ultimately tied to a pharmacological "psychoactive"
function of nicotine. Some of the scientists who consult with
B&W in connection with health litigation would not agree with
this approach. Accordingly, the report presents some potential
for an apparent inconsistency among B&W's scientists, which
could cause some difficulty in court.
Throughout the report, unfortunate concessions appear regarding
"tolerance and withdrawal". (See especially pages iI-13.) The
report frequently expresses the view that smoking has certain
"therapeutic properties" and nicotine is compared to the action
of tranquilizers, alcohol, etc. In addition, smoking is
referred to as one form of "drug usage", "psychoactive
substance usage", or "psychoactive drug usage".

-2-
The authors of the report attempt to draw a fine line between
"addiction" and "functional" behavior. (See, for example, page
16.) Our opponents would proDably disregard such a distinction
and contend that this was an acceptance by the authors of the
report of the basic allegation that cigarette smoking is
addictive.
As you know, in the current legislative and litigation
environment, claims of addiction have been and will be used
against Brown & Williamson and the other companies by our
adversaries. Such claims have been vigorously opposed in order
not to give a claimant an unjustified weapon to use against the
company or the industry.
In addition, the possibility for FDA involvement would be
heightened by company or industry promotion of the theme of
this report, as it will be generally perceived.
After you have had a chance to consider this memorandum, please
give me a call.
/CW
E.
cc : Tom Humber
