Bliley RJReynolds
Report Prepared by RJR in-House Legal Counsel for the Purpose of Rendering Legal Advice Which Reflects the Substance of Confidential Attorney-Client Communications in Connection with Ongoing Litigation Concerning Smoking and Health Issues.
Fields
- Author
- Juchatz, Wayne W. (RJR, Senior VP, Secretary and Counsel, 1993)Wayne W. Juchatz served as Director in for RJR Tobacco Co. 1987, 1990-1995, Vice President in 1986, General Counsel & Secretary in 1986, 1988-1995, Senior Vice President & General Counsel for RJR Tobacco Development Company in 1987, Senior Vice President 1988-1994, and Executive Vice President in 1995. (Source: R. J. Reynolds Summary - RJR Liability Notebook). Wayne Juchatz was Assistant Secretary in 1984. (Source: RJR Who's Who NMLRP)
- Witt, Samuel B., III (CTR and RJR Director & Gen. Counsel)
Held various executive positions for RJR and Council for Tobacco Research - Witt, Samuel B., III (CTR and RJR Director & Gen. Counsel)
Document Images
OUTLINE - REVISED MDP - PRESENTATION
(5 mins.) I. Organizational Overview - Slide (SBW)
(15 mins.) II. Smoking and Health - Primary (WWJ)
Background - (# of cases, no losses, notices,
ho settlements)
Policy Statement - Slide
Highlight salient provisions to make
~ points
- Controversy ~
- Body of knowledge we must respond to
- Understand our products better
than anyone else
- Modify
Products
- N~w
- "as found in"
(2 mins.) III. Secondary/Passive Smoking Issue (SBW) "
(5 mins.) IV. Self-Extinguishing Cigarettes (WWJ)
(i0 mins.) V. Rot~'ing Warning Legislation (WWJ)
- Status
- Problems we have with it.
(2 mins.) VI. Barclay (SBW)
(15 mins.) VII "Questions and Answers

SELF EXTINGUISHING CIGARETTE
o Another key issue facing cigarette industry
o Opponents' Claim:
- Cigarettes a primary cause of fires and dealths and
- Cigarettes Company's should be required to
manufacture cigarettes that will go out (like a
cigar) if left unattended
- Also claimthat we have technology and are not using
it because cigarettes that burn fast are more
profitable.
o Wron~ on all counts although we share their concern about
cigarette-related fires and are working on solutions.
- Statistics grossly over inflated
- Pressure on fire chiefs for causes before completing
investigation
- Recent statistics show 20% decline in cigarette-
related fires.
- Increased use of smoke detectors
- Efforts of UFAC in developing
fire-resistant products (funded in part by
Tobacco)
- Tests show that furniture manufactured to
UFAC standards will not be ignited by
cigarettes.
o Current Problem:
- Old Furniture
- Furniture not manufactured to UFAC standards
solution
~ '~:~ " • .... .: ......
- Chemical spray (works, in home, inexpensive)
o Technology does not exist to make a cigarette which will not
start fires and still deliver smoking satisfaction.
o R & D working hard on own and with suppliers but everything
tried to date either doesn't work, unsafe or increases
T&N.
o Some opponents suggest we already have a S/E cigarette -
MORE
Not so - although We did receive some consumer COmplaints
- Never reliably/consistantly went out
- Never fire-safe '~

WARNING LEGISLATION
o Three bills presently pending: 2 in Senate 1
in House
o Waxman and P~ckwood Bills are stalled in committee but
would substitute a series of health - specific warnings and
require that they be rotated periodically.
o Hatch Bill as reported out of Committee would subsitute
a single health - specific warning.
SLIDE
o Stated purpose - inform the public of risks associated
with smoking. - -~
Nonsense - 90% aware
Real Purpose - is to deter which is just a step away
from prohibition
o Two aspects of Hatch Bill particularly troublesome -
- Finding~ - state as scientific fact matters which
are the subject of an unresolved scientific
controversy
- Warning - which only makes matters worse
o Contrast present w/ Proposed Warning
o Real concern from a legal standpoint is that this
legislation will encourage a new round of litigation
against the Tobacco Industry.

o Lawsuits
o Legislation
- 20 states
- Moakley - compromise

CURRENT WARNINGS
"Warning: The Surgeon General Has Determined
That Cigarette
Smoking Is Dangerous to Your Health"
PROPOSED WARNING (S.772)-
"Warning: Cigarette Smoking Causes Cancer,
Emphysema, and
Heart Disease; May Complicate Pregnancy; and Is Addictive."

R. J. REYNOLDS TOBACCO COMPANY
THE SMOKING AND HEALTH CONTROVERSY
VIEWS AND OBLIGATIONS
The Company's views on the smoking and health controversy are
simply stated, though they cover a vastly complex area of
science:
o The smoking and health cont.rovers[.continues -~
unresolved. Despite claims about cigarette smoking and
health, it has not been scientifically established that
smoking either does or does not cause disease in
humans.
o Despite claims to the contrary, no ingredient or group
of ingredients, as found in tobacco smoke, has been
proven to be a cause of disease.
The simple and unfortunate fact is that
scientists do
not know the cause or causes of the
diseases reported
to be associated with smoking. Nor do they understand
|.
the mechanism or mechanisms whereby these diseases
develop. Much more research is necessary before science
can determine the causes and mechanisms of these
diseases.

o There is a significant body of information that is
inconsistent with the hypothesis that smoking causes or
contributes to disease causation. However, there is a
large and widely-cited body of information and opinion
(based largely on statistics) in support of the
conclusion that, although the specific mechanisms of
disease causation have not been proven, cigarette
smoking may be a cause or contributing factor in~
disease causation.
o In view of the controversy surrounding our products,
the Company is committed to continued funding of
ongoing programs of biomedical research concentrating
both on smoking and health and on the causes and
mechanisms of various chronic degenerative diseases,
particularly those reported to be statistically
associated with smoking.
o This research will entail an understanding of whether
or not smoking plays a role in the causation of these
diseases; and if it do~s, an understanding of what that
role might be.

SMOKING AND HEALTH
o Really 2 rel~ted but dissimilar issues
Primary
Secondary/Passive
o People have claimed for hundreds of years
color blindness ..... lung cancer
o Serious Issue
Objective to put us out of business
o Complex Issue ....
- Legal
- Medical/Scientific
- Political
- Emotional - Religious War
o Legal Standpoint
.r
- Since 1954 more than i~0 lawsuits
O~L|~ - 8 Trials
~.~ - No loss
- No settlement
- Contrast asbestos industry approach
o Policy Statement - Give better idea where we stand on
issue
