Bliley RJReynolds
Redacted Material - (P.8903) Portion of Report, Prepared by RJR Managerial Employee Which Reflects the Substance of Confidential Attorney-Client Communications Between M Crohn (RJR in-House Legal Counsel) and RJR Personnel Concerning Smoking and Health Matters, and (Pp.8916-8923) Concerning Regulatory, Legislative and Public Relations Matters.
Fields
- Author
- Durden, D.
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%Vha~ ll.'~ppens If 'rhi~ .Strntr.Ry. Succeeds ?
I~ ~s Is allowed to stand unrcfutcd, then It Is only • n~a~er o{ time
bcfor~ smoking Is restricted cw~rywhcrc, including the home~ and
~lH~at~l~ efforts ~11 be mad. ~ re~ric~ ~h~ ~uf~=~. ~r~r.~
potation and ~ales ~t t~bacco product~.
For~ately~ the aIlega~on that smoking cau~c~ diseaee~i~ not true,
and there Is no mescal e~dence in support of ~uch a theory,
Unfortunately, the fact remains: that already 71% of non-smokers and
51~ of smokers believe this falsehood..
!."'; These percentages may be expected :o increase, since, it is
strategy of the antl-srnoking forces to design propaganda ~vhich will
reinforce these bclicfs, without actually stating that smokers cause
disease in non-smokers. Ambiguous terms llke "noxious" and
"po]lu|ion~" are certainly cf/ective Ln accon%p]$shing this.
|
How Can This Strategy Be Effect~vcl.Z Countered?
}~o counter-strategy can succeed unless ~'e are aisle to refute the
falsehood about non-smokers being s~bject to disease.
0
0

l{ere is a list of possible positions and Itrat¢~ie8 that have been
considered.
~nconelus~vc.
Eliminated because: Both smokers and non-smokers already
hold convictions to tie contrary, and see the warning label as
the tobacco manufacturer's ag'reement. Research indicates
56~ ot s~okers and 83~0 of non-smokers say" most s~okcrs v}~ll
get a serious l]b~e~s. ~ any event~ there Is no prospect of
reversing the public point of ~ew in time to prevent ~dcsprcad
antl-smoking ]egivlation, •
2. The to%acco h~d~.~;trv is e~se~t~al to t1~c economy,.
tax rcvenue~ etc.
Rejected because: ~esearc~ clearly s~ows that t~o public is prepared
to ~acrlficc economy if health Is at s~kc. Tobacco ~sfi~tc
~urvey among high ~ncome a~d rural popula~on of tobacco s~tcs
~ows 47~o bc]ievc smoking should bc banned in all public places,
both before and afte~ ads ~trc~slng economic importance
industry,
~ ,.
O

3. History_~_nd=h!;r~t,~c of the. tobacco inc|~stryo
Rejected because.: It is not relevant to the issue of restrictions
•
• l. S~nokln~ ~n n)~leration .
Re~ected because: It addresses lib, elf to the health of the ~oker
but not necessarily to the health of the non-smoker,
~ t~e case of liquor~ t~.ere is no ~de~prea~ ~ndard for
• . ~odera~on or e~coss In e~o~ng. Hero, legal problems ar~
luvo~ed ~u any atten~p~ to suggest ~,~at
• ~er~tc" con sumption.
l~cJe~ted because: The l~u~,llc doe~ not concede the right to
i ~,
• mztnuf~tcturc something which ~n their opinion c~uses a serious
~ ~
~ • ;
~ ~s~se among non-~sers.
[

6. ~jorlty o£ poIL~,~a_tio!~.,~atisfled ~vith c~rrent co~ditio~s on
smo~-.inR/non-svnok|nR and no further Rovern~ent rev, u_lat{~_n_
_i~ r equlr...o, d,
Y~cjectcd: 68~0 o( non-smokers b~lievo that the g~)vernment
should further restrict smoking ~nd only [/3 of smokers ~II
be bothered if there are more rest~ic~ons,
expect ~orc laws to be passed and 38~ of smokers believe they
. be p~ssed to protect non-s~okor~
7~ ~e tobacc9,1ndustrY has contriN~ted to and
:. ~b]ect~e unbiased medical research,
:: -. Rejected because: This does not address the ques~on
: " addlHonal ~ws "agalnst ~mokers.
~ 8. ~e smoker Is a ~ood ~uy~ courteous, not messy,
" "doesn't smoke ~herc he shouldn't.
Re~ected~ Non-s~noker clearly,perceives that every smoker
" ' i~ ~ot a good guy and that if his health is ~t s~ke, he cam~ot
rely upon the smoker ~ot to smoke in his presence.

ImporL~nt but subsidiary~ There Is p~bllc acceptance that
smokers h~ve rights but not to the extent that their smoking
~e~sIy a~ccts the hcalt~ of otl~cr~. ~us. it ~ust ~Ir~ be
e~blished that smokin~ {s not ~rmful Lo non-smokers~ ~e~Ith.
lO. Srnolcer courtes.~
• . L~portar~t but subsidiary~ I~ an i~dividu~l belle~e~
'.~ ]s at ~ke~-he ~II not depend upon the courtesy of smokers
to ~reserve it. Courtesy iz a suitable explanagon
, Is ~erely an annoya~ce to the non-smoker~ but It Is not s ~ui~ble
~ r~ponse if it Is believed that it causes disease In non-smoker~,
Smoker/non-smoker .problem can be worked out on an |ndivldual
basis without governn~en+. |nterference.
Important but subsidiary~ The public clearly soe that if the smoker
Is ~c~ally causing disease among non-smokers~ indi~dual
arrangements will not cover all the contingencies. ~is posi~on
Is only tenable xvhcn smo~.e ~s regarded as a mere annoyance.

• ~?a}Id becax~se: The evidence is that th.~ preponderance o[ doctors
believe this, it can be egfecti;'e: ~.~ s~bstantlstlon 19 adequate.
gy the p~ ~ces~ ~f ellm~na~o~,. ~l~ere ~p~ar~ to b~ only one c~ntrol
~'trategy wgich is ~kely to affect the outcome of the present anti-
' ShoOing pro~ganda. " ""
.The mos~ ~erable aspect of t~s pro~ganda effort I~ that they are
" ~sing ~h~ ~oft lie tec~que ~bout ~isesse among non-smokers,
i '" .. ~ere Is~ as far ~s ~e ~o~v at this ~me~ not even a controversy ~n
~ the l~cue of non-~mokers contrac~.ng disease. H~ one ques~ons t]~at
~ • • other people's smoke can bc ~nnoying. Tl~erc is some mescal oplnien
~. t~at indi~duals ~ay l~ve transitory p~y~ic~l discomfort and some
~ ~ather va~e assumpNons on the part of some ~nedic~l a~thoritles that
~ people ~th cer~.in pre-exlsIing conditions could possibly be affected
. by ambient smoke,

This ia a far stronger pot~ition than can be caLablishcd on the effects
ef ~o~tlng upon ~oke~. The la~cr Is an unresolved controversy
about ~s~cal inference, but the preponderance of the rncdlcal
profession e~denGy ~t~'ibut~ c~g~alit~" to ~o~ng hy
~ the ca~e of non-~moker~, there I~ no controversy over ~U~tlcal
inference,
"" preponderance o~ ~he oplMon of ~edlcal
.... ~e e~dcnce from our resea.rch Is that It would be Impotent to have
as much ~rd e~dence as possible to demonstrate that medical
au~orl~es ever~,whcrc and ~der all clrcumstande~ firmly believe
' " that no dlscasc can be tran£mltted to non-smokers.
~ - . At prese~, a m~terial ~ndlcap is the n~mber and avail~bilit7 of
authorizes who can be speclflcally quoted ~thout compllcat~ng
reser~ons. .
' "
A subsidiary concern is the extent ~o wblch thcse authorizes can be
quoted and idcn~ficd xdthout permission which may not, In all cases,
be

A net, ingrcd~ent that h~.s entercd the equation sinc~ tho re~earch
~v completed is t~t Secretary Califano ha~ cry~l/zed the
by calling upon th~ governors and iegislaU,res o~ the variou~ ~tate~
~'hile we do not have research directly applying to thi~ Issue, there
a con~Iderab~ ~ndlca~.on Iron~ other sources that ~ere Is ~de~pread
public opposlt~on to passing ~necessary laws, ~rticularly
~ the case of antl-sn~o~g laws, ~owover, It Is clear that a ver~ sub-
s~ntlal body of the public do~s believe that smo~g causes dissase In
non-smokers. ~ey are lik¢l~ to support an~-smo~ng laws even ~hough
: .. ~hey ~nay believ~ that the~ ara prac~cally unenforceable against In=
all.duals. They ar~ box, fever, cl~arly enforceable "against corpora~ons~
and business places. The and't-smoking forces are truly a~.r~ of the
" potential of hca~ ~nes agaln~;t res~uran~s~ factory o~ers, etc.
~e forhmate aspect of the Callfano s~tement is thaiIt crys~llzes
the an~-s~o~ng si~atlon in terms ~f the threat of specific leglsla~.on
against smoking on the grounds t~at leglsJa~on is required to prevent
ph),slcal harm to the non-smoker.

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~ ang-~o~ng Rroup ~n opportunl~ to de~troy our position by quo~tione
from authorities ~ho choose to interpret health by a unique set of
..
Instant ~ubstantiatlon must accompany the above message.
~
' The to'coo ~n6ustry cloarly ~ulfers from a pre~ent credibility problem
on the Issue of ~n~okcr'e health -'- reflected In ou~ quallta~ve research.
~
": .'.""'. ~zo~.flon~ from single authorities can and ~II be percclved as berg
". chosen selec~vely by the tobacco Industry to the exclusion of other
-
'-. :~.:.. " autho~ties which hold opposite ~cw~. .
' . ~
• ~. ~Ve need~ for communications p~rpose~, concise ~nd bcllevable
..... ,. • s~b~nNation to accon~pany our ~essage.
• ~
.~... ' At the ~oment this I* our %veakc~t llnk. ~ile ~e have a larg~ file
of s~s~ntia~on~ many of the sl~tements are poorly phrased and
j~ . ~ll of quali/icafions. The public may, have no way of asscssi~g the
~ vag~ of the ~ourccs, even in those cases ~here we can give clear
, : "' attribution.

Wc must then consldcr whether we have. any a.lternative to our
~u~stantl~Hon base. ~e alternaHve is research conducted by
pecc~bly ~ut},ori~v~ ~ources on the opl~ion~ of medical experts.
The q~e~on that ~e need to hax'e medical experts answer must be
'ramedunequtvocally. Forexample: "Do,ouhave~n,e~dencethat
non-smokers can contract any disease from other people smoMng in
the ~amo area?"
~Can you cite any ~peclflc medical research that w~ld support the bclte~
t~t non-smokers contract disease /rein other people smo~g In the
These are pcrfcc~y le~i~raate qucs~ons demanding a yes or no answer.
At tMs point it seems highly u~likcly tha~ many medical authorities can
~nswcr then~ In t~c affirn~a~ve.
The Issue to be faced here is whether there is ~me t; complete such
research quickly cr~ough to be effectLve agalnst an~-smo~ng pro~ganda.
An alternative Is to go ~.ith the material that we now have ~hlch
~ubject to son~e credibility problems and the possible neces~l~ of
qualifying statements on pre-cxqs~ng afnictions.

We ~:an, of ~o~t's¢, move on both frotRs and phar, e into mo:'e
concise sub~tant~lation wl~cn It bccome~ available.
IIoxv do ,x,e comm~lnicate the central thou.qht that hundreds o~
are not needed hccau~ br~atl~i~o~Ber p~ple~s tobacco smoke
doe~ no~ c~u~e diseaae~
There Is no need to go Into the ob~ous way~ ~n wMch thl~ me~age
can be communicated to legisl~tb~s, tho~ght leader~ and othe~s that
"' can be reached by mail or lace to ~ace.
' But the problem ta here that althoogh face to ~ace communica~on may
.: ... .. ~low do~ the legtsla~ve process~ we can be s~mped by a voter
." ..' " '~ptnton over ~mc. It is cer~tnly no secret t~t legislators
~ghly responsivh to public: opinion polls though they may personally
..... have grave doubts about the valldi~ of public opinion. The anti-
. smo~ng forces Mll ~nques~onablg generate p~blle opinion
:. The da~ ~ve ~eo reflected in our o~ research could demonstrate
"" to leglslato£s [hat it is political sutcido not to enact restrtc~ve

ironc]a~ ~efen~e of t~cir po~l~o~. ~t the present ~e t~o research
clearly ~ndic~tcs that a ~ajori~ o~ s~okers behove that they ~re
c~sin~ disease In others and are defenseless against s.¢h an
~llcgafi~. They mu~t be lurni~hed this information and [urnished
It quic~y be~f~re its acceptance becomes hardened,
The kef communications p.roblem we have is how to reach not
thousa~s of leglslators alone, but millions oi voters who will be .
'.." :~".. on pubic opinion records.
"" ' ": ~e pr~lem we have here i~ that due to the an~-s~o~ng propagandists,
~.~ we ~ve compara~vely little access to mass media. SecretaryCalifano
' can In~ntly, and as the research shows, effect a comrnunlca~on to
~;e en~c country t~ro~gh the Wa~ldngton press corps, Experience
-~ in~ca~s that a reply.on the part o£ th~ tobacco industry ~ll be buried.
~,. ~..'..~ .. .
; . It is ~sible to theorize about debates on television and favorable editorials
'" "and o~r channels of co~unlcati.on~ but the bitter truth about these
~ is t~t they don't r~sch ~nough peep1?.

Gredibility is ~gh ~ut readership is low, .~t Is virtually :.~po.,..~ibl~.
to create th~ reach and frequency in the communication reply through
the editoria~ side o~ a mass commurHc~tlon system, when you are
do~ending yov'rsclf against a m~ss government and activist at~ck,
Wl~a•. abou~ advertising? Advertising has the opposite difficulty. It
has relatively low credibility, b~t ha~ the capacity for very Mgh reach
~ and ~req~ency of ~ communicatlon. ~nfortun~tely, the most'e~fective
~ for~ of adver~sing in ~ co~muni~a~on on ~oliNcsl ~atters i~ closed
.. to the tobacco Industry on this controversy.
Telo~ion ~s Mg~ly effec~ve In controversies because~o ~ large
extent, tele~slon can get across its potnt xvhether the ~ewer Is
. ~o]~mtarily intereste~ In t~is subject or not.
But the only available channel open to thetobacco Industry Is pri~t "
" ~dvcrfislng where its message, if complicated or difficult, can
e~lly bo Ignored.
.,
~ere are additional problems to advertising. ~e Is tha~ the
has held that corporate advertising for the purpose of influencing
legi~la~on cannot be d~ducted as a business expense•

Anofl~cr ,factor that n~ay be Involved, eapccially ifqootat|on o~
au~hor~tlcs is Indicated, Ls th~ New York ~tc, for example~ ha~
]~ws ~orbiddlng the use o~ name~ ef people in aJver~sln~ for
trade or commercial p~rposes ~vit.hout t~eir consent.
But by far the greatest problem with advertising in publications,
' So one ~>f credibility. This neans tha~ there is a very high need
clear and unmistakable eugstanttatlon of s~atements made.
~dds to compllc~llo~s because It Is necessary to include them
" tl~e adverH~ement itself ~l~Ich crestes the proble~ o~
~. long and torbldding copy that resists readership.
" ~e AnN-gmoMn~ Counterattack'
~ a propaganda situatlon~ we must consider that ~vh~tever com-
m~icaHon the ~dustx'y decides to make~ .there Mll be the probability
of strong counterattack.
.H we employ advcrHs~ng to gel our message across~ we may
a ~olent and ~perat~ve reaction from anti-smo~ng pro~gandi~t~.
0

It Is s, ltally i~H)ortant that v~e consider what the svor~t
consequence
o~ ~uch an attack m~ght be. It is possible that we can ~kc
~ ~trong
point, yet b~ ~lnerxblo to a ~evere counterattack that
~ould nullity
~ny ~ins ~c ~iRht ~ake,
Te s
II xve decide to proceed on the above strategy, then we ~hould have
.. hard evidence that the change in a.ttit~de ~ve are able to achieve
,~ warrants the expense and risks involved.
• "'" ' It is our recommendation that the adve~tls~g messages that
Judgmen~l cvalua~on be tested under ~ecure laboratory conditions
.. "::...
~ " ' to determine the degree of at~due sht~t that may be expected. ~ly
" , . • -.'.' aRer doing so can we properly a~scs~ ~vhether a test market operaHon
t~ ~arranted, •
.~.- :. : .
" " ~e te~t market operation carries ~ith it the probability of a
"" .... co~teratta~k being ;~rted well ahead of any na~onal or s~te.effort,
..... "" ~d thereNy blunting the content of our ~,e~sage. ~ the othor hand,
"real world" exposure ~11 give us some da~ not easily observed in
a laborator7 slh~a~on,
We think the risks and re~rds of a test market can best b~ seen
after a laboratory eXl)CX'~n~ont.

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