Bliley Brown & Williamson
Confidential Communication From B&W in-House Counsel to B&W in-House Counsel Reflecting in-House Counsel's Mental Impressions Regarding Legal Advice Provided by B&W Outside Counsel in Connection with Institutional Research Funded by B&W
Fields
- Type
- MEMORANDUM
- Author
- Wells, John Kendrick, III (BW, Assistant General Counsel)In a 1/17/85 memo, BWT corporate counsel J. Kendrick Wells said he had advised Earl Kornhorst, BWT's VP for research, development and engineering, on the need to prune scientific reports from his files. Wells marked certain reports with an X to designate those that were "deadwood in the behavioral and biological studies area". The Janus studies--secret program of biological research on the effects of smoking which showed tumor growth in animals--should be treated as "deadwood". These documents should be segregated, boxed and put in the basement for possible shipment to BAT Industries in England, but no one "should make any notes, memos or lists of the documents" (LAT 8/2/94).
- Recipient
- Pepples, Ernest, J.D. (BW General Counsel and Sr. VP)
Document Images
TO:
FKOM :
DATE :
RE :
M E M O R A I~ D U M
E. Pepples
J. K. ~;ells, III
July 24, 1981
Smoking and IIealth-Tim Finnegan
Tim Finnegan called with some matters he said were cooking that
you should hear about before he would have opportunity to talk
with you.
At your request, Tim visited Dean Sullivan It was a cordial
meeting and Tim believes he has persuaded the~ to take a new
thrust with their research. The new thrust will have . ~~.,i.. .....
questionable value but no negative. Sullivan and his people are"~~~
enthusiastic but of questionable sophistication. Tim expects to
receive a revised proposal and he will contact you then. ..~ ,".~~, ~~~--~ ....
Dr. John Blass~ at Cornell (Burke Rehabilitation) has sent a
letter requesting permission to apply unspent funds to new ~~" . " ~ .... ~'-"~
i-~,i7~' .... equipment. The letter enclosed a six month financial
, .,.~ . .
~"~~~' .... Dr. Me~ster has requested aa~t~onal funds of approximately ~, --
-~ ...... ~-- and health. There is a possibility that the substance being ~ ," "i,,,'~:i!~/~-
~,i,~,:~:i~i~i~:.. not Meister's intention to help the tobacco industry butthere
,,~;-~:~,- issue, has passed the ball for development of a posit~on back to
<;:,~<~;~ the U.S. Tin, believes, and understands that the INFO~AB embers
now agree, eorse erma tends to unacceptable
.;!.i,:.~., causation is proven. Recently a SWOP held a workshop at ~-~arton
---, . which Ber~an conducted. Something like I0,000 invitations were
-,~.'?". issued ~nd only 22 attended. ~his turned out to be fortunate
.~,~-.,~,.~:~!,;:.. because the theme of the Berman's presentations was that costs
~ ~- ~. ..... . associated with sra~king and health are not socfal costs but
transfer payments. Tim's objective is to take the lead of the
social cost program away frown Berman and put U.S. lawyers in the
forefront of p~eparing an industry position prizarily through
the develop~ent ef witnesses who can present a position. I told
Tim you had written a superb memorandum., describing the
~::~:~.:."~~
application of various disciplines to the subject of
costs and I sent a copy to him when you approved.

Liebowitz has sent Congressman Rose an extensive and hardhittlng
letter very critical of James White. It is not clear whether
the letter can be used by the industry in the present posture of
the situation.
Interesting Developments on the Hirayama Matter
Dr. Adlkof8r who is the Scientific Director of the German
Verbandt, has committed himself to the position that Lee and
Hirayama are correct and Mantel and TI are wrong. Adlkofer
called Frank Colby at Reynolds and said that Germany has
received new data from Japan which confirms the Hirayama work.
Adlkofer and Lee and another German associate were all asked to
review Hirayama's work and did not find the error picked up by
~astenbaumo ~hey believe ~irayama ~s a good scientist and that ......
his nonsmoking wives publication was correct. Adlkofer invited
Tsokos and Eastenbaum to Germany to view the new data, although
they would not be allowed to work with it or make copies. The
proposal added that after the session in Germany Tsokos,
Kastenbaum, and apparently Adlkofer would proceed to Japan to
visit ~irayama. Adlkofer had previously proposed four research.--
projects to examine the Hirayama work to be done by the research
arm of the Verband At a meeting of the board of the research
arm on July 15 Adlkofer was asked how he could continue to
support the projects if Hirayama's work was dead. He replied
with a strong statement that Hirayama was correct, that the TI
knew it and that TI publisned its statement about Hirayama..
knowing that the work was correct. Mr. yon Specht is reported
to have cut Adlkofer short. Subsequently Adlkofer told Colby
that unidentified authors would publish in an unnamed ..~.-~
publication an article claiming that Hirayama was correct and
that TI published its statement while privately acknowledging
Hirayama's correctness. Within a few days Adlkofer called again
to say that the article was off.
Action Requested ........
Tim said he would like to have a word from you soon about the -
Blass and Melster proposals. He would also like to have an "
opportunity in the not too distant future to sit down with us to
discuss the range of things he is doing for B&W.
No comment is needed on the proposal to have Kastenbaum and
Tsokos visit Germany to review the Hirayama dat~ unless you
believe the visit should take place. Kornegay gave a forceful
veto of the program and as of this point there is no dissent.
