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STATE OF MINNESOTA COUNTY OF RAMSEY THE STATE OF MINNESOTA, BY HUBERT H. HUMPHREY, III, ITS ATTORNEY GENERAL, and BLUE CROSS AND BLUE SHIELD OF MINNESOTA, Plaintiffs, vs. PHILIP MORRIS INCORPORATED, R.J. REYNOLDS TOBACCO COMPANY, BROWN & WILLIAMSON TOBACCO CORPORATION, B.A.T. INDUSTRIES P.L.C., LORILLARD TOBACCO COMPANY, THE AMERICAN TOBACCO COMPANY, LIGGETT GROUP, INC., THE COUNCIL FOR TOBACCO RESEARCH -- U.S.A., INC., and THE TOBACCO INSTITUTE, INC., Defendants. DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil COURT FILE NO. C1-94-8565 RESPONSE OF THE COUNCIL FOR TOBACCO RESEARCH -- U.S.A., INC. TO PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION s Pursuant to Rules 26 and 36 of the Minnesota Rules of Civil Procedure, defendant The Council for Tobacco Re- search -- U.S.A., Inc. (°CTR'1) responds as follows to Plaintiffs' First Set of Requests for*Admission: L/' Tl ! MN 043249

REQUEST NO. 1: Admit that smoking causes cancer. RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scientific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for certain kinds of cancer, but that it is not scientifically correct to say that smoking "causes" those kinds of cancer. Rather, those kinds of cancer are multi-factorial diseases, for which there are numerous risk factors. Many smokers do not develop cancer, and many of the victims of cancer are not smokers. Accordingly, CTR denies this request. disease. REQUEST NO. 2: Admit that smoking causes heart RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scientific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for certain kinds of heart diseases, but that it is not scientifically correct to sa)~, that smoking "causes" those kinds of heart diseases. Rather, these are multi-factorial diseases, for which there are numerous risk factors. Many smokers do not suffer from heart diseases, and many of the victims of heart diseases are not smokers. Accordingly, CTR denies this request. 2 L.r f ~~'. f f N 043-250

(` REQIIEST NO. 3: Admit that smok;Lng causes arterio- RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scien- tific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for arteriosclerosis, but that it is not scientifically correct to say that smoking "causes" arteriosclerosis. Rather, arteriosclerosis is a multi- factorial disease, for which there are numerous risk factors. Many smokers do not suffer from arteriosclerosis, and many of the victims of arteriosclerosis are not smokers. Accordingly, CTR denies this request. sclerosis. REQUEST NO. 4: Admit that smoking causes strokes. RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scien- tific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for stroke, but that it is not JJ scientifically correct to say that smoking "causes" strokes. Rather, stroke refers to a multi-factorial disease [condition?], for which there are numerous risk factors. Many smokers do not suffer strokes, and many of the victims 3 U ~ T R N N 0 4- 32- E51

of strokes are not smokers. Accordingly, CTR denies this request. sema. R.$4UEST NO. 5: Admit that smokirig causes emphy- RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scien- tific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for emphysema, but that it is not scientifically accurate to say that smoking "causes" emphysema. Rather, emphysema is a multi-factorial disease, for which there are numerous risk factors. not suffer from emphysema, and many of the Many smokers do victims of emphysema are not smokers. Accordingly, CTR denies this request. REMST NO. 6: Admit that smoking causes chronic obstructive pulmonary disease. RESPONSE: CTR does not take any position as to whether smoking causes any disease. CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scigp- tific Director, Dr. Harmon C. McAllister, Jr., believe that smoking is a risk factor for chronic obstructive pulmonary disease, but that it is not scientifically correct to say that smoking "causes" chronic obstructive pulmonary disease. Rather, chronic obstructive pulmonary disease refers to a 4 C "~R I-I~~ 04.~~~~,~

number of multi-factorial diseases, for which there are numerous risk factors. Many smokers do riot suffer from chronic obstructive pulmonary disease, and many of the victims of chronic obstructive pulmonary disease are not smokers. Accordingly, CTR denies this request. REOIIEST NO. 7: Admit that cigarettes (or nico- tine) are addictive. RESPONSE: CTR does not take any position as to whether cigarettes and nicotine are addictive. CTR's Chair- man and Chief Executive Officer, Dr. James F. Glenn, and its Scientific Director, Dr. Harmon C. McAllister, Jr., believe that, while some smokers find it difficult to quit smoking, cigarettes and nicotine are habituating, rather than addictive, based on their understanding of the meaning of the term "addictive." Accordingly, CTR denies this request. RE4UEST NO. 8: Admit that cigarettes (or nico- tine) cause dependence. RESPONSE: CTR objects to this request on the grounds that "dependence" is a vague and ambiguous term that does not have any medical or scientific significance. J./ Subject to and without waiving its objection, CTR states that it does not take any position as to whether cigarettes or nicotine cause "dependence." CTR's Chairman and Chief Executive Officer, Dr. James F. Glenn, and its Scientific Director, Dr. Harmon C. McAllister, Jr., believe that, while 5 CTR I-IN 043*4`25-30

C some smokers find it difficult to quit smoking, insofar as "dependence" means the same thing as "addiction," cigarettes and nicotine do not cause "dependence." Accordingly, CTR denies this request. REQUEST NO. 9: Admit that it is technologically feasible to remove nicotine from tobacco in the cigarette manufacturing process. RESPONSE: CTR does not manufacture cigarettes (or any other product), and it does not fund research that concerns the technology involved in manufacturing cigar- ettes. Accordingly, CTR has very limited first-hand knowl- edge about the subject matter of this request. Based on its counsel's inquiry undertaken to enable CTR to respond to this request, CTR admits that it is technologically feasible to remove most of the nicotine from cigarettes in the manu- facturing process, but CTR denies that it is possible to remove all of the nicotine from cigarettes in the manu- facturing process. REQiTEST NO. 10: Admit that it is technologically feasible to reduce the level of nicotine in cigarettes. IV RESPONSE: CTR does not manufacture cigarettes (or any other product), and it does not fund research that concerns the technology involved in manufacturing cigar- ettes. Accordingly, CTR has very limited first-hand knowl- edge about the subject matter of this request. Based on its 6 CTR HN 04 ,- ~ ~~

( ^ t counsel's inquiry undertaken to enable CTR to respond to this request, CTR admits this request. REQIIEST NO. 11: Admit that it is technologically feasible to alter and/or control the level of nicotine in cigarettes. RESPONSE: CTR does not manufacture cigarettes (or any other product), and it does not fund research that concerns the technology involved in manufacturing cigar- ettes. Accordingly, CTR has very limited first-hand knowl- edge about the subject matter of this request. Based on its counsel's inquiry undertaken to enable CTR to respond to this request, CTR admits that it is technologically feasible to "alter" or "control" the level of nicotine insofar as it is technologically feasible to increase or decrease the level of nicotine in cigarettes, but CTR denies that it is technologically feasible to "alter" or "control" the level of nicotine insofar as it is not technologically feasible to remove all of the nicotine from cigarettes. REQUEST NO. 12: Admit that you oppose increasing cigarette taxes. RESPONSE: CTR neither supports nor opposes in JV creases in cigarette taxes. Accordingly, CTR denies this request. REQUEST NO. 13: Admit that you oppose increasing government regulation of cigarettes. 7 rI" / ) 1 I I l`~ ~~` r 1+M' 4ev bw! s

RESPONSE: CTR neither supports nor opposes in- creasing government regulation of cigarettes. Accordingly, CTR denies this request. Dated: July 19, 1994 MASLON EDELMAN BORMAN & BRAND A Professional Limited Liability Partnership By Gary J. Haugen, #4 328 ~1LOSs$ R. Lawrence Purdy, #88675 3300 Norwest Center 90 South Seventh Street Minneapolis, Minnesota 55402-4120 (612) 672-8200 ATTORNEYS FOR DEFENDANT THE COUNCIL FOR TOBACCO RESEARCH -- U.S.A., INC. Of Counsel: DEBEVOISE & PLIMPTON Steven Klugman Joseph P. Moodhe Rodney W. Ott 875 Third Avenue New York, New York 10022 Tel: (212) 909-6000 J 8 r.f' rI I O 7! N 0 4 32 -5 6

(` STATE OF NEW YORK ) .- . . 4: ss. COUNTY OF NEW YORK ) I, James F. Glenn, M.D., am the Chairmari, President and Chief Executive Officer of The Council for Tobacco Research -- U.S.A., Inc. (^CTR°). CI'R's foregoing responses to Plaintiffs' First Set of Requests for Admission are true andaccurate to the best of my knowledge, information and belief. _ 4--James F. Glenn, .D. Sw, to before me this ~~ay of July, 1995. P"L_-~, 2lotary Public D~r+n~ ~.L C:Vls~luo Yar. No. 2A-d:6-133 Qa:i!:ed in Y:r;s Co:;nty Certilicate Filed in Neri York Coua Commission Espires May 31, 19U IV 9 L-; 20033557.02 V1 : NN 04322ZIf,

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