Bliley RJReynolds
Draft Report Prepared by RJR Outside Legal Counsel Transmitted to RJR in-House Legal Counsel for the Purpose of Rendering Legal Advice Concerning Smoking and Health Issues and Containing Handwritten Comments.
Fields
- Author
- Jacob, E.J.
- Jacob Medinger
- Recipient
- Witt, Samuel B., III (CTR and RJR Director & Gen. Counsel)Held various executive positions for RJR and Council for Tobacco Research
Document Images
More than a quarter of a century has passed since the
has been extenszve, znt~nszve -- and often frultful. T~ tobacco
industry alone has contributed more than $80 million to smoking
and health research; other research support organizations have
given many additlonal millions. Despite this scientific inves-
tigation, gaps in knowledge remain, anomalies persist and the
controversy continues unresolved.
~e ~ of the smoking and health controver~
below. Subsequent articles, panels, brochures and other pre-
sentations~ and materials will be coming your way over t~=e next
year or two, all designed to better acquaint you with the
history, current status and probable future developments
relati g
to ~oklng and health, i~
Medical and Scientific Ouestions
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The scientific arena is the one in which-the controversy
developed and, when all is said and done, is where the controversy

must finally be. resolved. By far the-most attention has been
glven, to claims that smoking_ causes lung cancer, but.a.~itional...~
claims link smoking to heart disease, chronic lung dls/~ses (such
as bronchitis and emphysema) and many other ills afflicting people,
especially those that come as people grow older.
Initlally, studies were publlshed reporting that lung
cancer occurred more frequently among smokers than non-smokers.
These werefollow~d by a report of an experiment An which
condensate of tobacco smoke caused tumors on the skins of mice.
Then, a series of large statistical studies were published,
from which, together with other data, it a~peared that smokers
differed from non-smokers with regard to practlcally everything
and, in particular, that smoking was associated with various
diseases. Efforts were made to identify substances in tobacco
smoke that might be responsible, and studies were done which
suggested that smokers had more abnormal changes in the tissues
of their lungs than did non-smokers. And many concluded that
smoking caused lungcancer and other diseases.
" ' BUt these concluslons did not go unchallenged. Many eminent
doctors and other scientists questloned whether smoking was indeed

causally related to huma~n disease. Perhaps pre-eminent among these
was Sir Ronald Fisher, often called "the father of mod n statlstics"~
who pointed out that statistical studies could not dem~strate '*
causal relationships. For a variety of reasons, ranging from the
large number of different diseases and other characteristics
associated with smoking to the curious fact that one of the
more important studies seemed to show,that non-lnhalers had a
higher risk of lung cancer than inhalers, Sir Ronald suggested
that smoking might well be a reflection of the kind of person
who would be afflicted by various diseases rather than a cause of
them. Others pointed to a11 sorts of discrepancies in the studies,
and the controversy was underway.
Over the years, there hasbeen very. little change in the
kind of evidence linking smoking and disease. But repetition of
many of the studies, coupled with a~deslre on the part
of
public health officials (who reasoned that llttle was lostlifo they
were wrong and smoking did not cause disease, but much might be
lost if they did nothing and ultimately smoking was shown to be _ .
at fault} to protect the public against possible risks, led to o
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ever-wider attacks on smoking and corresponding acceptance of the
wlth the whole story ~b~lleve that smoking is a major.~Ipr~t.
Unfortunately, the other side of the story is rarely publi-
cized. There is nothing newsworthy about a study which fails to
show smoking causes something, or about a doctor who says he
doesn't know the answer to questions about smoking and health.
But there~are many such studies and many such doctors. As you
will see from future presentations, there is definitely another
side to the story~ many scientists believe that smoking has not
been sclentifically established as a cause of human disease, and
so the smoking and health controversystill goes on.
Among the many reasons why causation theories are ~uestio~e~
are these~
(i) As Sir Ronald Fisher pointed out, the reports
of statistical associations between smoking and various diseases
do not establish cause and may be better.explalned by constitutional
theories (~moklng-ls not related to disease, but the smoker's
constitutional makeup is} than by causatlon~
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(ii) No ingredient or ingredients as found in cigarette
smoke have been shown~to.cause, human dlsease~ ~~ .
(iii) Many envlronmental and other factors a well as
smoking are statistically associated with various of these
diseases, but we still do not know which, if any of
these factors
are causal.
(iv) Nor dowe know the way in which these diseases
develop.
(v) With regard to lung cancer in partlcular, which
is still foremost in the public mind, reports have appeared re-
cently of increases of the disease in non-smokers, of increases
of lung cancer of kinds unrelated to smoking and of lung cancer in
women of a type other than that usually claimed to be related to
smoking. The type of lung cancer most often clalmed to be related
to smoking has not been increasing. Inhalation experiments aimed
at producing this type of lung cancer, in which anlmals inhale
clg~arette smoke over virtually their entire li~e span, have had
consistently negative results. And the age of diagnosis of lung
cancer is unaffected by when a person begins to smoke, the amount
smoked or even whether or not the patient has been a smoker.

Research to answer the many questions still remaining.ln
the scientific arena continues. Some of the world's m~st eminent
doctors and scientists will tell you of the past research and of
that planned for the future, as well as telling you what is and
not known about smoking and lung cancer, heart disease
and
all other ailments involved in the smoking and health controversy.
~iti@ation
Not long after the first scientific claims about smoking
and health appeared in the. early 1950s, the first lawsuits
came on the scene. These were cases in which, typically, a
widow would claim that her husband smoked cigarettes for many
years, and died of lung cancer. Therefore, she said, the
tobacco manufacturer should pay her hundreds of thousands or
millions of dollars. You will hear much of the smoking and
-health litigation; it, too, continues and its importance to the
industry is obvious. For now, you should know that from the
beginning to this day, no plalntiff has ever won and not one
penny has been paid to any plaintiff by way of judgment, settle-
ment or otherwise.

Politics
Political involvement in the smoking and health
~controversy
has been extensive. Indeed, considering the wide-spre
impact of
the smoking and health controversy on society, it is not surprising
that interested government bodies have included not only health
and~regulatory agencies, but lawmakers as well.
Government (and non-governmental) health agencies throughout
the world have passed many resolutions on the subject of smoking
and health, at is rather odd, because never before have such
bodies found it necessary to determine causation by resolution.
In other areas, the scientifle evidence ha~ been able to speak for
itself. /
Lawmakers and regulatory agencies in many countries have
sought, in various ways, to restrict the tobacco industry's adver-
rising and other aspects of the marketing -- and even the PrOduc-
tion • -- of its products. The many interrelationships of s~.moklng
and health considerations to these efforts will be a continuing
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source of interest and concern for the industry.
Underlying most governmental action has been .the assumption --
tacit or explicit -- that smoking causes disease. Yet, when the

Congress of the United States heard both sides of that issue in ~
considering whether to.strengthen the.warning label, Itidi~ not .
wish to choose between the eminent sclentists on the op~slng
sides of the issue. The United States warning label says only
that the Surgeon General has determined that smoking is dangerous
to health -- and not that Congress agrees with him.
_P_ublic" Smokin@
In recent 5,ears, anti-smoking forces have seized upon the
public smoking issue in an effort to make smoking socially unaccep-
table. These forces, in their effort to restrict smoking
increasingly until it is a custom practiced only by.consenting
adults in private, have seized upon fea~s that tobacco smoke in
the atmosphere can cause disease in non-smokers. Much of the
current smoking and health battle evolves around this public
smoking and health issue. But when scientific scrutiny islapplied
to the claims made, they just don't stand up. That was the con-
cluslon reached by a number of eminent experts in their testimony
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tO a U' S. Congressional committee two years ago. And, despite o

some Scattered press and other report~, research since that
time
has not provided reason to change that conclusion. ~
The above outline is not designed to acquaint you with all
the details of the smoking and health controversy. It does try to
give you some idea of where that controversy stands, as seen by
many outstanding medical and scientific experts. Why they believe
the way they do is the principal question that will be addressed
in the presentations and other materials you will receive. ~en
that material is in hand, you will then receive pe):io~]ic npdates,
so that you may be fully familiar with the smoking and health'
controversy, how it stands and how it relates to your company.
