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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""

Date: 16 Aug 1984
Length: 2 pages
512102050-512102051
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Type
MEMORANDUM
Author
Pepples, Ernest, J.D. (BW General Counsel and Sr. VP)
Recipient
Kohnhorst, E.
Copied
Humber, T.

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Page 1: 512102050 Log in for more options!
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".
Page 2: 512102050 Log in for more options!
-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

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