Bliley Brown & Williamson
Confidential Memorandum Prepared by in-House Counsel for Bat, with Whom B&W Maintains A Common Legal Interest, and Forwarded to B&W in-House Counsel Reflecting Counsel's Legal Opinion Regarding Various Smoking and Health Issues
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- Type
- MEMORANDUM
- Author
- Batco Law Department (Inferred)
- Recipient
- Law Department (Inferred)
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DEVELOPING COUNTRY ISSUES OS AND AS
S~oking and.Health
Does BAT deny that smoking!is harmful to health?
The position of BAT on this matter is very clear. BAT
belleves that cigarette smoking has not been proven to
cause disease. The role, if any, which smoking may
play in the initiation or development of any disease is
uncertain. There is a statistical association between
the incidence of certain diseases and smoking.
Statlstical association, however, does not establish
causation. Further research is needed on the
mechanisms of disease before firm conclusions can be
drawn. BAT therefore continues to fund independent
scientific research on this complex subject.
Do you deny that cigarette smoking is addictive?
Whilst the US Surgeon General has claimed that nicotine
is addictive, he has also claimed that video games are
addictive. This is a prime example of the misuse of
the term "addiction". Cigarette smoking bears no
resemblance to classlcal drugs of addiction such as
heroin and cocaine, and cigarette smokers bear no
resemblance to addicts. Mi11ions of smokers around the
world have given up smoking voluntarily and without
assistance. Smokers smoke because they enjoy smoking.
Health Warninus
i. Q. Is it true that BAT fights vigorously against the use
of health warnings on cigarettes?
A. No. We comply with government requirements for health
warning labels when asked to do so.
2. Q.
Why does BAT not put health warnings on all its
cigarettes worldwide and take steps to educate
consttmers about the health hazards of tobacco?
The claimed effects of tobacco on health are still a
matter of scientific controversy, and so it is the
responslbillty of the government in any given country
to decide how it wishes to deal with health education
and whether it requires health warnings on any
products. The form and wording of any such warnings
are also a matter for government. Worldwide some 80
countries now have health warnings on cigarette packs,
including many developlng countries. The form of. these
warnings varies wldely from one country to another.
BAT complles with government labelling requirements in
a11 countries in which it sells cigarettes.
536 02262

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Ao
Is it true that BAT objects to the use of health
warnings on cigarettes made for export?
No. Cigarette packs, when exported, comply with all
labelllng requirements of the country of destination.
It would be impractlcal and inappropriate for
cigarettes to be labelled In accordance with
regulatlons of an exporting country since requirements
and of course languages vary wldely from one country to
another.
Hiah dellwerv claarettes
Does BAT operate a double standard in selling high tar,
high nicotine cigarettes in developing countries which
are no longer acceptable in Europe?
No. Our International brands, which are available in
many countries, will have broadly slmilar tar
dellverles wherever they are sold. For local brands
tar levels vary because consumers demand a range of
cigarette types, but this is true in Europe as well as
elsewhere in the world. For example, the sales
weighted average tar delivery for Denmark is 19mg,
while for Switzerland it is 10mg and for France, 15mg;
in Nigeria it is 13mg, while in Kenya it is 16mg; in
Australia it is 9mg, while in New Zealand it is 14mg.
However, of the hundreds of BAT brands worldwide only a
small number would fall into the UKhlgh tar category.
Ao
Is it true that BAT plans to launch new brands of
cheap, high tar and nicotine cigarettes throughout the
Third World?
No. Our marketing strategy worldwide is to continue to
focus our support on our successful key international
brands. In all markets we aim to offer consumers a
range of products of varying prices to suit varying
tastes. In some countries this involves manufacture of
low cost brands as a quality alternative to local "raw"
tobacco or handmade cigarettes. Such brands would be
developed to suit consumer tastes in that partlcular
country.
~arketln~
How can you Justify using aggressive marketing
techniques in developing countries %,hlch would not be
allowed in Europe?

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Advertising practices and regulatlons for tobacco
products vary wldely from one country to another, even
within Europe. It is for governments to decide on.
regulatlon of advertising and promotion and BAT always
complles with all such requirements. In addition we
also, in a number of countries, enter intoagreements
with other members of the tobacco industry, to restrict
the content and placement of advertising, on a
voluntary basis.
Ao
Is it not true that BAT uses sponsorship, especlally of
sporting events to get around restrictions on
advertising?
No. BAT companies have been giving flnanclal support
to a wide range of sporting and arts activities for
many years; in many cases, long before advertising
restrictions were even thought of. This is generally
much appreciated by the recipients and the general
publlc. All such recipients have a free choice and
accept tobacco company sponsorship only if they wish to
do so. It is for governments to decide whether they
wish to allow such sponsorships to continue.
Children smoklnm
i.
BAT advertising and sports sponsorship is dellberately
designed to encourage children to take up smoking. How
can you.justlfy this?
Let us be quite clear on this point. BAT bell.yes that
smoking is an adult choice and we have a specific
policy worldwlde that we do not direct advertising to
children or in any way encourage them to smoke. In
fact we have been involved in financing a number of
campaigns speclflcally to help enforce laws banning the
sale of cigarettes to minors. There is also no
evidence that advertising encourages people to take up
smoking; children are primarily Influenced by their
family and friends.
Politlca~ ~nfluence
i.
Is it true that BAT uses polltlcal and economic
leverage to support its marketing activities?
We reject any implicatlon of unfair or illegal
practices. BAT companies have a longstandlng policy of
co-operatlng with governments and respecting national
laws. Indeed it would not be posslble for us to
operate in many countries without support from
governments and the local community which recognlse BAT
as a major commercial enterprise and significant
generator of employment.

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~obacc9 ~u~in~
i.
Is it true that high tar tobacco grown in Europe with
the benefit of EC subsidies is dumped in Africa because
there is no longer a market, for it in Europe?
No. Most of the tobacco produced in Europe, primarily
in Italy and Greece, is used within the European
Community or exported to Eastern Europe and North
America. Only a limlted amount is exported to North
Africa where a large percentage of manufacture is in
Government hands.
In any case, the tobacco is not the major factor which
determines whether a cigarette is high or low tar, but
the overall design of the product. The range of tar
potentlal from different tobaccos is also fairly
limited. Different types of tobacco from many world
sources are blended together to achieve a range of
varlatlons, in taste in order to meet consumer
preferences and leglslative strictures.
Does BAT buy any cheap tobacco from the EC "tobacco
mountain"?
Almost never. In order to maintain product quality
BAT, when it requires EC tobaccos, purchases through
traditional suppliers who can supply the desired forms
and packings.
EC stocks are put up to different specifications, are
generally of a quallty which is unacceptable to us and
with taste characteristics which are not compatible
with our product requirements.
Prospects for crrowth
1. Qo
Is it not true that the only way to achieve increased
profits in a declining industry such as tobacco is to
seek new smokers in the developing world?
Ae
Our profits are not declining in the industriallsed
world. We propose to carry on increasing our profits
in all our markets.
There are indications that sales in a number of
industrlalised worlds are stabilising or even
increasing. Markets such as Europe, with the opening
up of the old tobacco monopolies, offer us tremendous
growth opportunities.
BAT was established as an international company and has
been operating abroad since the early years of the
century, for example in India since 1902, Trinidad

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since 1904, Kenya and Nigeria since 1910. It is
therefore ridiculous to suggest that we have only
recently turned our attention to the developing world.
Furthermore, tobacco has been grown in developing
countries for centuries, and people were choosing to
smoke long before the introduction of the machine made
cigarette.
Environmental Concerns
I.
Does tobacco cause widespread deforestation due to its
dependence on woodfuel in the developing world?
No. A study carried out by the International Forest
Science Consultancy has shown that the tobacco industry
consumes less than 1% of all wood used in the
developing world each year. The main causes of
deforestation are population growth, non-sustainable
agricultural practices and a lack of affordable
alternative fuels. Indeed, many BATCo companies
worldwide have made a significant contribution to
afforestation schemes. In Kenya, some 12,000 tobacco
farmers have raised over 20 million surviving trees in
the past fifteen years.
2. Q. Does tobacco take away land from food production?
No. Tobacco occupies on average only 0.3% of
agricultural land. BATCo buys its tobacco from 500,000
small farmers in developing countries every year. They
receive technical assistance from the company's
agrlcultural extension workers to the benefit of all
their crops, not just tobacco. Most small farmers grow
a variety of food and other cash crops in addition to
tobacco.
BATCO
3 December 1990
536 02266
