Bliley RJReynolds
Memorandum From TI Officer and in-House Legal Counsel to RJR in-House Legal Counsel Regarding Meetings and Providing Information Upon Which Legal Advice Can Be Rendered Regarding Smoking and Health Issues.
Fields
- Author
- Kloepfer, W.J. Jr
- Recipient
- Ramm, Henry H. (CTR Chair; RJR VP & Gen Counsel, c. 1967)Chairman of the Board & General Counsel for R.J. Reynolds and CTR Chairman 1971-1975.
Document Images
To carry out an assignment made by Secretary of Health,
Education and Welfare Cohen, the Joint Committee on Tobacco
and Health was established by Kenneth M. Endicott, M.D.,
then director of the National Cancer Institute, in the
spring of 1968.
The Committee met June 20, 1968, in San Francisco. In
his opening statement, -Dr. Endicot': referred to a recent
meeting between HEW officials and cigarette industry execu-
tivesI who "agreed that there are gaps in our knowledge about
tobacco and health." He said that as a result of the meeting
"it was decided that a group of experts be asked to identify
these gaps, " and that this was the mission of the new
Committee.
During the two previous years, Earle C. Clements,
president of the Tobacco Institute, representing major
cigarette manufacturers, had initiated a number of discussions
with Secretary Gardner, and much later with Secretary Cohen,
to open a dialogue on scientific research needs in the
smoking-health controversy. Responding to Dr. Endicott's
opening statement at the San Francisco meeting, Mr. Clements
iThe
meeting was conducted by Secretary Cohen. For a
list of those attending, see appendix.
-

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agreed that "our initial goal in this continuing dialogue
is to identify these many gaps."
Those present represented government health research
agencies, cigarette companies, and the scientific boards
which administer the more than $4 million annual smoking
and health research funds provided by the companies.2
Since this was the first time representatives of these groups
had been together, they devoted part of the meeting to a com-
parison of their research efforts.
The Committee agreed to a suggestion from the staff of
the National Cancer Institute: to establish a subcommittee
from among those present, not including cigarette company
officials, to prepare a program for the consideration and
criticism of the Joint Committee.
(.
The Joint Committee recessed to permit an initial meeting
of the subcommittee, which was charged by Dr. Endicott "to
plan how it will prepare an assessment of the state of the
art in the field of tobacco and health; an indentification
of the important gaps in the different areas of knowledge and
recommendations on how to fill these gaps through scientific
~A list of members of the Joint Committee attending the
San Francisco meeting is appended. ~
o

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,,3
investigation as well as specifying priorities.
Dr. Carl Baker of the National Cancer
Institute pre-
sided at the subcommittee session.4 He raised the issue
of how to deal with the question of association between
specific diseases and smoking. It was decided that any
document prepared by the subcommittee "should briefly
summarize the findings of previous studies to avoid duplica--
tion." but that HEW would "keep this effort separate from
its continuing public education campaign''5 (Emphasis added).
Thus it was clear at the outset that the forthcoming docu-
ment would not reflect conclusions on the part of any of
its authors, or the organizations which they represented,
as to smoking-disease causation. The intention to "briefly
summarize the findings of previous studies" would merely
provide leads to further needed research which might or
might not help to corroborate such findings. As will be
seen, this decision by the subcommittee may have become, in
the light of later events, a subject of misunderstanding.
3Excerpted from the minutes of the meeting.
4Names of the nine merabers of the subcommittee are appended.
Drs. Loosli and B~ng were not present at the
first meeting.
Dr. Hickam died in 1970.
5Excerpted from the minutes of the subcommittee session.

At Dr. Jacobson's suggestion, the subcommittee agreed
that each group represented would "prepare its own outline
of the fields that require further research"6 as a prelude
to later development of a single document, and that it
would next meet in four to six months. It was hoped that
a final document might be submitted to Secretary Cohen by
January 15, 1969.
The Progress of Drafting
As scheduled, the three groups submitted individual
drafts to each other in the fall of 1968. The NIH draft
listed many topics of needed research, assessing relative
priorities. It also referred at several points to work in
progress and which should be expanded to develop a "safer
cigarette." Finally, it offered a very general outline
of a five-year, $75 million budget for NIH smoking-health
research contracts, grants and in-house expenditures.
The AMA group recommended establishment of a jointly
financed laboratory to pursue a half dozen types of investiga-
tion of tobacco smoke constituents and their possible
physiological effects, as leads to development of a "less
O
6Subcommittee minutes.

hazardous" cigarette. The AMA draft reviewed the nature of
studies going forward with industry financing under AMA-ERF
grants, urged a continuation of mechanisms to permit broad
exploration of the smoking-health field by the individual
"creative investigator," and stressed that "it seems highly
unlikely that the specific approaches to the kinds of gaps
to be closed in research on diseases related to tobacco use
can be determined by Committee action."
CTR's draft set forth a number of smoking-health ques-
tions and recommended research which might help to answer
them. These ranged from suggestion of the need to study
endocrinological factors as a possible explanation of the
predominance of pulmonary diseases in males, to development
of more sophisticated statistical approaches to determine
the relative importance and interdependence of multiple
factors associated with coronary heart disease.
With these papers before them, members of the sub-
committee met for the second time on November 15, 1968.
Dr. Hasterlik, was present in the AMA group in place of
Dr. Hickam. Dr..McMillan attended for NIH in place of
Dr. Kotin. Dr. Jacobson of the CTR group was unable to
7
attend.
7See list of Joint Committee members in appendix for full identifications.

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Dr. Baker observed at the outset that he did not
believe it would be too hard to meld the documents. He
said Dr. Endicott had indicated that budget figures need
not be included. The NIH draft was criticized for its
conclusions about smoking and disease causation, but
Dr. Baker said these were consistent with Public Health
Service policy. On the other hand, he criticized the AMA
and CTR papers for their failure to set forth clear
priorities.
Aiming toward a scheduled December 9 meeting of the
full Joint Committee, the subcommittee at first agreed to
a new approach, contemplating a Single document with an
introduction and sections on cardiovascular diseases,
drafted by Drs. Bing and McMillan; on cancer, drafted by
Drs. Baker and Sommers; and on respiratory diseases,
drafted by Drs. Loosli and Hickam.
However, after the meeting, it was evidently decided
informally that instead of a further effort by these teams,
Dr. Baker and his associates would attempt a consolidated
draft reflecting as many as possible of the views expressed
during the meeting. This draft was sent to other sub-
committee members by Dr. Mitchell December 5. Though it

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was Dr. Mitchell's intention to solicit comments by phone,
the AMA group notified Dr. Endicott that day that it could
not prepare adequate comments in time for the December 9
Joint Committee meeting, and that the AMA representatives
therefore could not attend. On December 3 Mr. Clements
wrote Dr. Seevers of the AMA group urging him to reconsider
the decision. Nevertheless, on December 5 Dr. Endicott
notified the Joint Committee members that the meeting would
have to be postponed.
The next day Dr. Endicott wrote to them, stating that
at the November 15 meeting of the subcommittee
"it was agreed that the document prepared by the
National Institutes of Health should be used as
the basis for developing the final document, pro-
vided that certain segments and statements in the
document could be modified or removed to represent
the consensus of the group and provided that cer-
tain concepts and suggestions contained in the CTR
and AMA documents could be incorporated."
He expressed hope that Dr. Baker's December 2 draft could be
examined by all the subcommittee members by December 16,
with Dr. Singer coordinating the comments of the AMA group
and Dr. Loosli those of the CTR group. He anticipated that
perhaps the subcommittee could meet just before Christmas.
Such a meeting could not be scheduled, however, and it
became apparent that the project would not he completed prior

i,,~~ to the advent of a new Administratlo~ on January 20.
~- To help assure that the project would be reco~ended
'~"-' for continuation under a new Secretary of gg~, Dr Endicott
• -,~.. and ~. Clements visited Secretary Cohen on January 2, and
;.'~ reported on the status og the matter. ~..cohan said he
-~ still hoped he might receive a final doc~ent before
• ~. ( January 20, but asked that in any event he b~ given a •
~:}'~ written status report by Dr. Endicott by January' 15.
Either way, he said, he would be in a position to report
on this project, among others, to the President and to the
Secretary-designate before leaving office. Both Dr. Ma~ston,
director of NIH, and Surgeon General Stewart were pr'esent at
this meeting, but neither made any comment.
Dr. Endicott transmitted his report to the Secretary
week later, providing a copy to Mr. Clements on January.
"
13 with a covering letter. In his report, Dr. Endicott
.... said the three groups within the s.ubcommittee were exchanging
"
~'.~ modified draft documents, that they were scheduled to meet
: ~.~
"~ again on January 21, and that "it is my expectation that a
" .
satisfactory, document will be forthcoming which will serve -.
as a useful guide in planning research programs." His letter
to Mr. Clements said "It is my hope and expectation that the

new administration will encourage and extend the beginnings
which have been made with Secretary Cohen. "
The January 21 meeting took place, with Dr. McMillan
again replacing Dr. Kotln, and Drs~ Bing ~nd Loosll absent.
~ 8 time a modification by the AMJ% group of the December 2
NIH draft was taken up for discussion. While there were
further expressions from the participants not unlike those
at the November 15 meeting, Dr. Mitchell did dlstr~bute, on
January 27, a revision subject to the comments of the
partlcipants. On that day, ur. Endicott gave Mr. Clements
a copy of the revision for study. At a meeting in Dr.
Endicott's office, Mr. Clements observed that the newdraft
still contained language which in effect required the
cigarette industry to "plead ~uilty" to smoking-disease
causation as a part of the statement of gaps in scientific
knowledge on the matter, lie reminded Dr. Endicott that
this was beyond the scope of the Secretary's directive,
and that the weight of scientific evidence was insufficient
to justify such a posture by the industry. But he promised
that the new draft would receive careful study.
On February ].4, Mr. Cl&ments visited the new Secretary
of HSW, Robe.~t F~noh. lie provided an oral summary, and left

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a written statement with the Secretary, on the development
of the project to identify as future research guidelines
the gaps in smoking-health knowledge. Following up on
Secretary Finch's interest, there was a further meeting in
his office in mid-April, in which Surgeon General Stewart,
Dr. Endicott, Mr. Clements, Mr. Ramm, Drs. Sommers and
Jacobson and others participated. ~[t was the consensus that
a public statement was desirable on the part of the Secretary,
noting the existence of the cooperative research project and
his endorsement of it.
Accordingly, on April 25, the Secretary issued a state-
ment to news media describing the project and identifying
the participating groups. The statement quoted the
Secretary as saying:
~.
"I believe that industry and government working
together offers great promise of finding the
answers we need. I am confident our joint effort
will yield a cooperative research program which
strongly promotes the public interest."
Meeting again on June 6, the drafting subcommittee made
further progress, but still did not reach total agreement.
This led Dr. Sommers to suggest, in a letter to Dr. Endicott
on June 24, that
"it would seem desirable to include a statement as
