Jump to:

Industry-Provided Depositions

in the Matter of: Phyllis Small V. Lorillard Tobacco Company,8

Date: 20 Nov 1997
Length: pages
517690906-517691036
Jump To Images
spider_rjr 517690906-517691036

Fields

Site
R&D
Scietific & Regulatory Affairs
Suber Rl
Vp
Characteristic
Marginalia
Type
DEPOSITION
Box
Rjr4857
Request
US
Priority
Request
2
Author
Suber, R.L.
Waga & Spinelli
Date Loaded
30 Mar 2001

Document Images

Text Control

Highlight Text:

OCR Text Alignment:

Image Control

Image Rotation:

Image Size:

Page 1: nui31d00
F 'lf : /~ePos %hen s In The Matter Of: PHYLLIS SMALL v. LORILLARD TOBACCO COMPANY, et al., Robert L. Suber, Ph.D., November 20, 1997 WAGA & SPINELLI 4 Becker Farm Road Roseland, NJ 07068 (973) 992-4111 FAX- (973) 992-0990 Original File 112097rs. vl, 34S Pages Min•U,Scrlpt® Flk ID• 1401212168 Word Index included with this Min-U Scripto
Page 2: nui31d00
r.aa~a anaeua. V. .l.ORIILARD TOBACCO COMPANY, a aL, wo. aa hl Q: How about in this wttmry? p, A; I have wtinen documents and tbeybe been sent tq to the FDA, the EPA. I don'[ remember if they aS ~ Nl required a certificate with them,but theywere w submitted for - the informatbn was there and my tq professional opinion as a toxicobgist. n 0: Have you ever tesrifjed betore any an governmental agendea? tn A: Only as my normal duty as a toxicologist to t+q provide written information as they either requested uq orrequlred. .. nn 0: Separate and apart from wtiaen nsl infortmtion, have you appeared before a governmental n.t agency to testify? nA A: No. Hq 0: Never appeared before the FDA? nn A: Only in written or veebat - discussing with nn FDA scientists different Issues. Usj 0: What type of isaues? pq A: The one that comes to mind would be the use of R+1 a low-calorie food additive, Simplesse - informadon • Im we submitted on it.I submitted information to the tnp FDA on Eclipsc that they asked for. pq 0: Did you submit information to the FDA on Rn additive testing conducted by Reynolds? Fay. 37 m A: I an't remember if any wete submitted, but if pt it had been, I would have - it would have been my pi responsibility and my group to put that together. pt 0: Did you submit information to the FDA on • nicotine research conducted by Reynolds? te A: Not to my knowledge. m 0: Were you ever asked by any attorneys for pt Reynolds to provide those attorneys with infotamation tn on research Reynolds had conducted on nicotine in the t+n past? p+t MS. FORBES: Objection. t+a MR. MAISTROS: You nn answer. nat MS. FORBES: No. Objection to the extent nn that it requires communication of anorney/client pn privileged information.You may not answer nn MR. MAISTROS: It doesn't require it. p>f MS. FORBES: To the extent you can answer t+n the question without providing information concerning i,y privileged conversations with anorneys, you may aq answer. pit THE WITNESS: Could you ask the question trq agaitt, please? pat BY MR. MAISTROS: pq 0: Have any attorneys for Reynolds ever pq asked you to provide them information concerning what k . .......+, . November 20,19; r.0. 38 t+t research Reynolds had or bad not taken with respect In to nicotine? w A: I don'c temember any. . Pl 0: Now, you said youWe had some w communications with the FDA, but It wasnt under se oath? m A: Correct. aq 0: How many timea? p A: The one that comes to ttdnd the quickest is the nn infortmdon on the Eelipse, a brand that we w ots tv,i seliiag in Chattanooga or atill are selling in t+A Chatnnooga.If my memory serves me rigttt, I think I+al we also did the nate thing with Premier, but 1 don't wl remember all the different times. t+n 0: And the Simplesse? un A: Simplesse was a petition that we Sled or our t,n Nabisco brands group filed with the FDA.And they usl had asked certain toxicological questions of the data nn that was presented, and we answered those. pn 0: And you provided that informatbn on trt behalf of Reynolds or Nabisco? tm A: We provided that information to Nabisco who wt then would give it to the Food and Drug tty Admininradtm. - trq 0: How often would you do work on behalf of aapa 39 nl Nabisco? W MS. FORBES: Objection. Which Nabisco do m you mean? pt 0: How many Nabiscos are there? pt A: There's only one in my book.Tbat's Nabisco pt Btands, m 0: How-. pi A: Corposate is - R/R Nabisco is a name. But the p) work that we were doing on this food additive was for trot Nabisco Brands. ttti 0: How often did you do work on behalf of ttn Nabisco Brands? nst A: I don't remember. n4i 0: More than once? ne A: More than once.There was a group reporting in t+n to me.We gave them advice on industrlal hygiene t+t, matters at one time. We gave them advice on the nn testing of this as a food additive. I+n 0: What Nabisco Brand group reported to you? pq A: No Na4isco Brand group reported to me. Ru 0: What group reported to you.tYou just tzc testifiedthat- tm MS. FORBES: Objeetion.This pq chancteritts- pq A: I.et me see 1f I underatand the question. No WAGA dt SFIINELi.i (973) 992-4111 Biin-U-Seripl® (13) Page 36 • Page 39
Page 3: nui31d00
-PSYLLIS SMALL v. -IAlt**~!QD TOBACCO COMPANTY, et aL, nl E7u1®RB ~ W MUM6ER DESORKICN CENiFIGTqR FI 1s 11.7ai2nwnobRwNPWa) Oa¢ ~ 141 16 7-21-Y3mmqbEMeam(tpap.q 3p6 Rl 17 a70roo.o Oou.nml (31 WYn) 343 ly 10 12-1FlDrloalYrrMUqipt(lipqpn) 343 M 19 1-747e PMtlM/ryp rpou (2 PaPs) 343 pp 20 6PprnporthomlaNR.M(8popp) 3U P) ntA nn nu Wl 1/8 na nn nn I+Q P0 Rt1 RA R~I a1 PA Papa 6 Robvt L Subeq Ph.D. _NOVembee 20, 199 i n) 6TFULATqN6 Rl 8&bro txunwrry wu Wm 1 wu Mpu1WE by Yq between oomr.l nq.wrlNO tlr nopoeWO p.nn pl rbbwr. 14 1. TMYrytlMW nllrro" awtatlupa tli ArpoatNn, aMar u to bn «pYOa, or pu at+rnN.anqurwnyamwraw...y waN.C. aro utN tlpaAbn a1.1/w.6u amr 19 Ylw u I brmal nqla n Y IMpeb o npuY.AEysItluNlyElMnONanaMtrvKrpon pl 6r oourt.N n Vr nrewr pwerbtl by Yw. p1 2. TIW Vb O~palbn Y.1 Da Yqn brtlr puryona/dsco.ryabruwrovWnnnnr ly aEOVaamNE adbn, s bt bon pupoaaa. 11013. ThatMNtlWMNnYtlNbM00aM0Ytlat romrMNn aM nqut.nnp wfrt wpM le IM nn ewr kw a u. nma, avra,y ndaarp rouca a t,. W.Nnp of mr wpoWOO, an hr.Dy waw.a. I+Q an0 MN EpowlNn.W lwa 6r aanr alNn r 1 a1lom.hN~ n mpap b tlr opoHtp ol Yr nn tanrlrOE..nooupUONNnOb1aL ny 4. TM Re una.nlptW Canry daw. CaNra Coun Rport.r an0 Ncl.ry Pqblo. Y 4y pMtW It{] vtl wrrf1uN01o qlu tIYs A"oatNn (tq S. OoppNrN b pr.u6na. appl n b tlr bmi hrwt..rp molbn to atrk. an.w.n nod nol be h71 maAe dxinp the labq of MN O.poNNn, bul ntlore any luppe or wy eoun aa mnpaon f+61 MNEICtNn lor 1M purpam a bitp 9rnon, er n afb other /t.anq or nW o/ aaw on.t wWqt t+a1 W olP"nm+ mpt be u.a0. uuq ma1 an oDOClloll tl to the /o1111 a a quMatlGfl IIIIM a/Io01 'ROl tl tM IYnm auch a quntbn N.ukW or aDJ.qbn r waNW as to Ilm. bnn of tlte qwpbm R+I 6. 1rfrt uM apirturn ol IM wnraa to tlr R tlpotANn N hereby nR wWaE. ' 9317. Tltai tIM N.wYpk RuIN d CNI ProCWpa ahy oordol Cort¢.mtg Ih wo of ttr O"NNn n WI ooart RN P.pa7 WAGA A SPIIVFZil (973) 992-4111 Mia-U-Seripta (5) Page 6 • Page 7
Page 4: nui31d00
r PIIYIIIS SMALiL v. toituawxD TOBACCO oouPANY, et tu., Pop ao pl questlon? No. M 0: Have you been a defendam-t Have you beea tn sued? M A: Have I been sueds No. pl 0: What did you do to psepare foryour M deposition today? m A: I rrad your notice for deposition and went back sn and reviewed some articles I had. pj 0: Did you bring those artiNes? nq A: No. n+l 0: Did you bring any documents? nq A: No. nq 0: Why? pq A: Didn't see a need to.I thought you were 1+g asking me for my expert opinion. I didn't bring any - jig informatbn. 1ol 0: Did you see the document request that was jig attached to the notice? jig A: Yes. pq 0: Did you have documents responsive to the n,l request? tq MS. FORBES: Objection.As I undetstand, ¢n your paper discovery is long over.And you are on p+) notice fromJones Day that they are not producing pq documents.You can't end run document discovery by Pap. ai n) sticking them on a current employee deposition ih nodce.And just as in Mr. Norman's deposition pi TuesdayandWednesday,wearenotproducingdocuments pi here pursuant to that subpoena duces tecum. R 0: Did you have documents responsive to the m notice? m A: Things that have already been copied to my pj knowiedge. pi 0: So you do have documents that fn within pol the category of documents in the notice that you are n,j not bringing? jig MS. FORBES: RJR has ptoduced a ton of jig documents that respond to those categories to you. I,q Mr. Maistms. jig MR. MAISTROS: I'm asking the witness. jig 0: Do you have documents that ate nn categorized or classified in the notice? „h MS. FORBES: Don't answer. Let's move jig on. We're not producing documents. pq MR. MAISTROS: He's going to answer p,l whether or not be has documents, Marilyn.You could = object to not producing them, but I have a right to im know and this jury hu a right to know if he has p.l documents that were responsive to this subpoena- pq MS. FORBES: The same - same- Robert L Suber, Pb.D., November 20,1997 m MR. MAISTROS:-that he's decided not w to ptoduce. sa MS. FORBES: No, no, no.YouYs w mischuacterizing. Same objecdon. Isl MR. MAISTROS: You'x ttot going to * respond If you have docttmems that fit within the m request of the notice? Iry MS. FORBES: Same objection. pi MR. MAISTROS: Are you instcuctittg him jig not to answer thats 1„j MS. FORBES: Same objection. nq MR. MAISTROS: Ate you imtrructhtg him pa not to answer? na MS. FORBES: If you can answer his jig question, answer his question. tim THE WITNESS: I don't knowof any nrl documents that I have - jig MS. FORBES: Separate and apart- I,q THE WITNESS: Yeah. pol MS. FORBES: Exactly. R,1 THE WITNESS: Yeah.That used those pm sepantely.A11 those copies- pm MR. MAISTROS: I'm looking for this nq person's testimony, Marilyn, not yours.T'his is in rm front of a jury. He's not coming to NewYork, I'm P.y. a, nl cernin. So this is atl goittqto be in fmm of a te jury.You want to play these games in front of the pl jury, that's up to you, btu the jury is going to hear FI all of this. R MS. FORBES: That's tert•16c,Mr. p: Maistros. We have produced thousands and thousands m and thousands and thousands of pages - n] MR. MAISTROS: And you've withheld m thousands of pages, as the record will dearly noi establish. nq MS. FORBES: You and I can debate.Why jig don't you ask this witness the questions he's here to 1+31 answer? nn BY MR. MAISTROS: nq 0: You have documents responsive to the (,s) notice, but a decision has been made that you're not p) producing them to me, correct? jig MS. FORBES: You have been on notice of jig that.That's correct. Let's move on. pq 0: Is that correct from the witness? Do you R,1 have documents that are responsive? pz A: There are documents that have been copied. tnp MS. FORBES: Obviously there are pH- pq THE WITNESS: That was- r+al MS. FORBES: There are obviously pH mAC:A & SPn4Esu (973) 992-4111 si3n•u-seripe® ~ .J m ~ m tD N W (19) Page 60 - Page 6?
Page 5: nui31d00
PHYLLIS SMAtIL v. :LORIIId1lD TOBACQO COMPANY, ac ail., Paps u m om on a sheet -on a tmt or a grid. Let it focm in inm a sheet. Spray some of the water back on, and in it's a sheet of tobacco.)ust a jarger- Bhe a ~ w paper maidng process.You can take sntall pieces and m make a large piece out of itt tq 0: Does it have an identl8er with it? m A: It taay have a code name that we use like A G7-sometbing, bm I don't remember which G7 it is. pt 0: How many different Gtype reconstituted nq tobaccos are tbete? n,t A: To my knowledge right now, we make about 16 nn different types. pq 0: Sixteen that aee used commercially? nut A: Excuse me? pq 0: Sixteen that am used commerdally? lut A: Those 16 are all used in digencnt btwds or url brand styles of cigarettes that we make.That's nq cortsct. nq 0: How many of those 16 dlHerem types are pq used in the Winston No BuIR tr+t A: Only one. It's a special G7 sbeet made with pn no additives.And as I said, we take meticulous pst efforts to make sure that no additives get in or left nq over from the previous production run. pq 0: Is the G7 sheet dif8cuh to worSc with, pap. 4s nt whh no addhivesO in MS. FORBES: Objection to the form.You pt may answer. pt A: The G7 shea-I don't understand why you m assume that it's - pt 0: Because 14 Reynolds employees who have m testified the G7 sheet is used-that atrunonia is m used with the G7 sheet to make it easier to work sq with. nm MS. FORBES: Objection.That n,t mischancterizes. And you cut oB his response. He na said he didn't understand what you meant by nn "dlfficult to work with." 1141 0: Is the G7 sheet difficuh to eut? nq A: Not to my knowledge. nq 0: DifBcult to handle? nrt A: Not to my knowledge. tut 0: I'm talking about- nn A: I heard no complaints from the manufaemrittg pq people about that. R+t 0: The G7 sheet that's used in Winston No pa Buli, I'm referring to. pA A: Aa I said, I've heard no complaints about any pq of those sheets form the manufacturing areas about it pq being difAcuh to work with or cut. Robert L Suber, Pb.D., November 20,1997 tj.y.4a tn 0: Have you done taste tests on Winston No Iq BulL? m A: PeeaonaLy 1 have not, but 1 have seen the N] results of focus group testing that was conducted by la the eompany. m 0: And wbat are those resuirs0 m A: Showing that people iilce the taste of Winrton pt with no addidves.They found it a suitable product. te 0: Does the Winston NO Buq havo less im biological acdvity than Winston regular? t+q A: in the test weWe conducted, the biologic t+a activity was the sama. We looked at smoke chemistry ne and genotoxicity tests, and they were the same. 114) 0: Same as whatt nR A: The same as the Winston with the additives or nst ingtedients. n7l 0: How does the biological scdvity of nq Winston No Bull compare to Winston Select? t+n A: I don't know that we've ever compared those vq bead to head in the aamc test.I would say that p+ry whichever tar category you're talking about that the pa Winston product falls within, the biologic activity n of that product in that category being uitra low tar, f+q low tar,full flavor product has been the same, has ps1 been cwttstatem. Papa 47 m 0: Do you itnow ProjeFt EW isW in A: Yes. pI 0: What is it? µt A: h's a project where Reynolds was changing the tq brands - or blends, excuse me - changing the blends tn of tobaccos, using a new type filter they catne up m with and some new ingredients to make a new pmduct, w1 a new cigarette. s9 0: Was there any goal of Peoject EtA? t+q A: No explicit goal that I remember.l assume it p+t was to make a good-tasting cigarette that consumers pa want and to try to simplify the chemistry by picking nsl the blends and the filter that we put there that that I+4] would have been an Idea to ttse. t+al 0: Project EW was not an effort to nA selectively reduce certain compounds of eoncemP t+rl A: By using that filter and those blends, yes. nn 71tat is the point of it. t+e 0: Do you know what a compound of concern ttq is? Rq A: There were - those are compounds - we sott of tm use the terminology in the company.Those are rm compounds that have been reported in the literature wt or in places like the surgeon general's report which pst those scientists have expressed concern regarding :WAGA dE SPIIVIIII (973) 992-4111 Min-LhSeripbD (15) Page'u -pop 4'
Page 6: nui31d00
rxrss155M  lv. Robert L Suber PILD lOR*r *•4D TOBACCO COMPANY, eR aL, November 20, 199: t \ P.p. e6 tn amaqnia and pH, you're going to have files on w nicotine. Documents on nicotine. p A: Let mo give you an enmpie. Whenever someone M asks for - did she wavc her bands? I don't know w what ihe was doing. p Whenever someone asks for a smoke chemial in analysis, sometimes they ask for pH. In that Nrany in of data that eome out will be Information on in different smoke chemicals induding nlootine and bq carbonyls, as we mentioned eariier. d t1 That investigator may or may not have asked for t+a smoke pH measurements.And as I my, I looked at t+si some of those data sets to elarify what I remember. nn 0: And did you meet with counsel before your l+al deposition? p6 A: Yes. 1171 0: How long) t+q A: Four sessions, couple of hours each time. pq 0: How many attorneys were present for those pol sessions? Rn A: Three of the - two for most of them.I think psl for three of the sessions, there wen: two people. P 0: What documents did you review in those Prwl sessions? pu A: None. Paye 69 tn 0: Were you shown any documents in those w sessions? tn A: No. pl 0: How long did you look at your files? m A: Total time, an hour or two.To simply re@esb tq my memory. i>! 0: Did you review any deposhions? a7 A: No. ln 0: Have you talked to anybody that's been t+ot deposed in cigarette litigation? uil A: The questions about the fact of what they were na deposed about.s t+n 0: No. Have you talked to anybody that's ns1 been deposed? t+q A: I would talk to people in the normal course of rq business, but I've not talked about any depositions. un 0: Who have you talked to in the normal nn course of business? t,.t MS. FORBES: Objeaion.You're aaktag poq him who he's talked to? pi1 MR. MAISTROS: I'm only interested in the pn people that you've talked to who've been deposed. ;m MS. FORBES: Well, objection to the form sul A: I know Dave Townsend's been deposed. I talk to psl him every day.I talk to t.ruy Burger every day about WAGA A SPIIQEi7I (973) 992-4111 Papa 79 tn different things. I talked to Allen Norman before pi who I heard mentioned here earUer.I haven't talked pl to Allen for probably several weeks. I've not talked Pi about any depositions to any of these people. in 0: That's my queadon. Have you talked to .. .. . . M any of these people about their deposhions? m A: No, I have ttot. tq MS. FORBES: That what he aneweeed s7 MR. MAISTROS: Marilyn, you tsn make this boi a lot shorter if you dont provide your editorial nn comments. t+sl MS. FORBES: You can make it easier if I+n you don't repeat the question. Let's go ahead tM BY MR. MAISTROS: na 0: Have you reviewed any witness statemenu t+q or expert reports before your deposhioas nn A: No, I have not. nn 0: How did you come to find employment at t+.n Reynolds? poq A: Dr.Wally Hayes -Wallace Hayes called me and R+1 asked if I would be interested in looking at a Rrl position at Reynolds. tal 0: What position did Dr. Hayes have? t P61 A: Dr. Hayes was at the rime a director in R dc D, pq but I don't rt:member the titk of the department. Pap 77 nt 0: Did you know Dr. Hsyes before he alled at you0 in A: Not personaUy.I had met Dr. Hayes on several M occasion when he gave seminars or talks. I knew his m reputation in the toxicology He1d.I knew he was pl editor of a journal. I knew that much. m 0: And when did you begin at Reynoldat pl A: October of 1984. tol 0: What position did you interview for? usl A: Manager of Scienti6cAftairs. p+l 0: And who did you Interview with? pq A: As I remember, it would have been Dr. DlMarco, t+n Dr.Alan Rodgnnn, Dr. Mary Stowe, Dr. Don Piebl, tul that's P•iob-I.Those come back to my memory. un 0: And what was the position described as t+q manager of Scientific Affairs? nn A: The position as described was someone to t+a evaluate the materials the company was using, to t,n handle general scientific inforrrntion,to look at t:q other issues-technial issues like what they use u+1 in filters or papers or things of this nature. pa 0: Was there an individual or group looking ;m at the materials the company was using before you p.l joined Reynolds? tan A: Dr. Chartle Nyatmm was Iookin; at that.! af3n-v-Seript® (21) Page 68 • Page 71
Page 7: nui31d00
PHYI1.lS SMALL v. =LORr*=AAn TOBACCA COMPANY, et aL, Robert L Suber, Ph.D. NOvembtr 20, 199 i Par 1 'PaBA 2 1>t SUPREME COURT OF THE STATE OF NEW YORK {tl SUPREME COURT OF TNE STATE OF NEW YORK COINlTY OF NEW YORK CDUNTYOF NEW YORK W W W PHYUIS SMAU.ea DENISE FUBINi, ) W SMARLENEHDBERMANOtlAUDREY ) tia.wui,wane.nra ) HUM......amRc, on ewm or) Iq others srwuy.eir.a, ) F) n. Emu ol uwr Huw. ) lq PrhuN, )ta.cNo. na.nAy..monwlwa ) ) t tawYAe W oow..INVy.1ur.0. ) pi vs. ) W PrYtm.. )hqnNO. pl LDRSIARDTDBACODOOMPANY.MC,),htlpoChrW ) nooss96 tDRnLARD, INC.. LoEWS ) E. R.mo. R7 CORPORATION, CDUNCL FOR TOBACCO ) RESEAR01Wll INC. (Sucopwr Io ) W Tob¢eokdu~tryR.wieh ) CurmYhw),ANDTDBACCO ) pq rlsrrrU)E,B+C., ) n,l na 1131 W M. ) W BRDYm1 a wa.uAMSON ToBACCO ),wep. aww CORPDRATIDN, BAT. BCUSTRIES ) E Rrro~ pi PLC, BATUS. NC. BATiJS ) ) HDLDW6S. NC. COI/NCL FOR Doy TOBACCO RESFJRCN.USA, INC. ) (Sueana to TaO.av YiOntry ) („I R....rat Commn..). Arm TDBADCO ) .+srmrrE,.aD., ) SUPREME COURT OF THE STATE OF NEW YORK Ita lul COUNTY OF NEW YORK PQ Itn MARY ANN NOS/QNS. Ex.aNk ol ) It41 pp the Ewu ol EOMn PW Halar J SUPREME COURT OF THE STATE OF NEW YORK WALTNA BRDWN an! DANTE AUBAN. ) ItR CGUNTY CF NEW YDRK p71 „oNqwly,.rk on Dar1 oi ) Itq oqhen.YNVyWnletl. ) ROSE FROSINA. EW.ABETH COLAYITO ) un 1171 WI0AN4DAROSS.Yi9eWuYy, ) Prhdnt, ) kd.• No. .ne on whu a alws.rtrry) v.] ) „oostAE un .uua.a, 1 v.. ) 1111 Prr,m., ) a,e.x No. Bq ) t~ooraos- RJ. REYNOLDS TOBACCO CCMPANY, ) JuOp Clrht In v.. ) }tq RJR NABISCO, WC,. CDUNCIL FOR ) E. Rnros ptl PHILIP MCRRIS. INC.. PH0.1P 1 JuOp CLrMs TOBACCO RESEARC W USA, INC. ) MORRIS COMPANIES, NC., CDUNCIL ) E. Ranos Rxl (Sueeata to Tooseeo kqupry ) ¢7J FOR TOBACCO RESEARCN•USA, INC. ) R.s.veh Commia.o). AND TDBACCO ) (SueunortoToDseooYbuwy ' 1 p3l INSTIttlfE, INC.. ) 1231 Retarah CortmR..), AND T09ACC0 ) IN) DN.nauts. ) wsimrtE. E(D, 1 R9 1241 Da.row~. 1 Pfl !WAGA & SPIIVE[u (973) 992-4iiz Min-U-Saipt® (3) Page 1- Page 2
Page 8: nui31d00
Robert L. Suber, PL.D., November 20,1997 PSp.72 m think he had one or two other people working for him. a7 0: What was his group called? pp A: I don't remember. p 0: And did Dr. Nyatrom continue to work at m Reynolds after you began? In A: Yes. m 0: Did you replace the work that he was m doing, m A: He worked for me for a short period of time and nq then he ttanafened over to a chemistry group. na 0: How many people did you have woddng in nri SdentifieAff:irs when you joined? na A: When I origloally statted, there was Dr, t,q Nystrom and I think a secretary and one other person. nsi 0: Now, you said that part of your duties nn were to handle scientific inforfmtlon? pn A: Publications and things being pn:seated- da published outside and inform management of theae nn publications and what they meant. pq 0: Outside where? Outside of Reynolds? R+l A: Outside of research, what was published In the pa open literature is well as what we observed fmm ps1 scientific meetings. pq 0: And was there anyone doing that specific pat task when you joined Reynolds? Gaya 73 m A: I think Dr.Nystrom was doing the same-aame RI thing• pi 0: Was there a SdentiAe Aflairs group pl before you joined Reynolds? m A: I don't remember the name of Dr. Nyatrom's M group so 1 can't - I don't know. m 0: Was there a new gtoup that you wen: m forming? pl A: It was a group that I was asked to had up and nol given head count to hire and to set up and expand the ril group to deal with these issues as Reynolds wanted to Iui become involved in hL nn 0: And did SdentlSeAffaira have a health pq afhira componem to it? pst A: Yes, it had a gmup within hL na 0: And who was in charge of that group? nn A: When I first came, it was Dr.Tony Colucci that nn reported to me. nn 0: And how long did you workk whb Tony nq Coluceh Ra A: I don't remember how longTony reported to tne. ;m I'd say a couple of yeats. ml 0: Did anyone work forTony Coluccl? sKi A: He hired Dr. Sam Simmons. Rsi 0: And what was the goal and purpose of the PHYLLIS SMAII, v. LORtr r.Rn TOBACCO COMPANY, et a1, Pap.7t I ut health affaits portion of this gtoup? Is that what sn h was eaUed? pi . A: As I semember, k was called the Smoking and t+i Health Concern secdon.It was to keep management pl informed of the infotmatlon in the literature about le smoking and health and to bring those things to our m attention of what was going on in the outside world pq regarding smoking and health. pi 0: Weee you a managa when you began at n0 Reynolds? 1+9 . A: Ya. hA 0: And wbo would you pass that iafot'mation nn on to, if anyone? uq MS. FORBES: Objection to form. pq A: Any of the R& D d'ueaots or smior uq management. un 0: When you began in '84, who was your tm supervisot? [ul A: Dr.WallyHayes. pol 0: And who was Hayes'supetvisor? pil A: Dr. Bob DAtarco. pa 0: And who was Dr. DiMarco's supervitod n A: It would have been the president of the company pq at the time and there wen: different ones. Rq 0: And in'84? Papa 75 I+1 A: I think h wasjerry Long. : sa 0: You just worked with Colucci a couple of Pl yeas? pl A: Colucci worked for me tor a couple of years, m and then he reported to Dr. Dihlarco. ~ 0: Was he promoted? m A: That I don't remember. pq 0: What was his education or ttaining pi background? na A: As I remember. Dr. Colucci had a doctor of p,l science degtce from Johns Hopkins, but I don't pn remember what field. iul 0: Did you have an opportunity to evaluate pq his scientific work? hq A: Yes, i did as he was working for me. nn 0: And do you have an opinbn as to his 1+>) scientific work? pq A: Yes. pq 0: What's that opinion? pq A: Sometimes overstated some issues and maybe a R+l IiNe melodramatic with some of the issues. pq 0: Did you have an opportunity to reach an pn opinion as to his character for truth and veracity rxi and credtbility? pm A: Ya. D Page 72 - Page 75 (22) Min-U-SeripMS WAGA 8 SPINEiLt (973) 992-4111
Page 9: nui31d00
P HYL•.IS SMAI]L v. IARIILARD TOBAOCO COMPANY, et aL, P.p.62 ta notin evidence. W THE YVITNESS: I have no way m judge the pl safety of a cigarette. I do not have a technology ln which would allow me to judge that; whlcL b safe w veraua unsafe. I do not think the ida of additives • makea cigarottes less aafe, I wul aIl it.It is my iq view that additives generally do not add to any of Fi the biologic activity of eigarenes.That tobacco In inherently has biologic aetlvity, and the burniog of nq that tobacco has activity. rn 0: So my quesdon is, the no4ddldve n:i concept was not a concept that would be promoted as a na safer cigarette? Isry A: I would not agree that promoting It as a safer I+q cigarette is accurate to any degree. nq 0: In fact, the Winston No Bull has more of Im the compounds of concern than the teegular Winsmn; un does h nots nn MS. FORBES: Objecdon.You may answer pq if you tan. pq THE WITNESS: I am. I'm thinking bert. pq There are some compounds which were slightly tnp increased in the Winston No Bull product. However pq when we conducted the biological teat that we psl conducted, we could not see any biological response Papa aa ul at those levels. a7 BY MR. MAISTROS: pt 0: Couldn't aee any biological response or MI you couldn't see any biological difference? pl A: Well,we couldn't see any biological difference * - I'm sorry - against the otherwinston as eontrol. m Therefore, I took that as being no different than the PI comparative control.Then them was really no p: response to that product. pq 0: Now, so I'm clear on this,Winston Select 1 q was pulled feom the market because it did ttot have prl consumer acceptance? psl A: What I said was to my knowledge,Winston Select pal was pulled from the market because we did not see a hsl great deal of consumer acceptance In the Oklahoma pq market. n'c 0: And again, I'm talking about the special un Winston Select to differentiate'ttlromyourother hq Winston Seleet? pq A: I took that to mean the Project EW that you Ri1 already asked the question about. Im 0: And again, to your knowledge,Winston psl Select being pulled from the market had nothing to do p41 with the inttoduction of Winston No BuLLs pp MS. FORBES: Objection, mischaraaeelzea. Robert L Suber, Ph.D November 20,19g, ~~tn 0: You can disagree whh me if you wam. ta A: To my knowledge,we would not have had Winston w in the marketplace with two different concepts.It'a :- 1q eonfusing from a consumer perspectave.-+. FI 0: Well, how did the eoncept Of Wiaamn No le Bull differ from the concept of Wituton Select? . ln A: What I would say ia tf Winsmn Select had done . N real well in Oklahoma, we would have probably sn considered launching it nationally. It was a test . i+q market to evaluate what we knew and how people liked p,l the product.They didn't like the product.And I+ri therefore, from a marketing perspective, you ehange hsl the product and see what people do like. nq So we - from focus group testing and Hn evaluation by consumers, they liked the No Bull lui concept.They liked the concept of no additives on 1,>, Winston.That had more appeal to the consumer than wo the Winston Select-the filtration issue.And so un it was just a decision to sell a different product. oq 0: And your tes[ paneLs of Winston Select E7 t++l - did you tell the test panel members that certain sm compounds of concern were teeduced? Pm MS. FORBES: Objectlon. Jack, this is a p4l scientist. He's not a marketec pq MR. MAISTROS: Don't make - Papa 55 1+1 MS. FORBES: Do you syam to add- tA MR. MAISTROS: Don't make speeches on the • record, Marilyn. Don't make speeches. I'm not going pi to put up with ft. - m MS. FORBES: Objecc-objection to the N form I m MR. MAISTROS: You can make your m objection.That's all you can do in NewYork. Iq MS. FORBES: No, there'a not- hq MR. MAISTROS: No speeches. lnl MS. FORBES: Jack, there's not - thete's l+n not an order. hg MR. MAISTROS: Then tell the witness how lµi to answer all day. We'll be hat for four daya. I ue don't are.I have all weekend. hq MS. FORBES: Terrific. pn BY MR. MAISTROS: hA 0: Did you tell your test panelists in nsl Oklahoma or anywhere else that Winston Select EW tmi reduced compounds of concern.s R+I MS. FORBES: Objection to the form. pa A: I don't remember.I just don't. I don't am attend all of the focus group panels and things of pq that nature so I just don't know. I don't remember. psl 0: Did you provide to Reynolds management in Ln .- ~ m LD m . N F-+ (17) Page 52 - Page 55 'WAGA & SPINEISi (973) 992-4111 Mia-U-Seriptm
Page 10: nui31d00
RobeR L Snber, Ph.D., Novembas 20,1997 P.pp a0 t7 0: How do you spell that? q A: Peo-et. q 0: Did you setve on any other boards or q committees within Reynolds? q A: TheHumanResearchRedevvCommiaeerepottain q to me.We have a Publication Review Commktee type tn that reports to me or reports through me. Tm the q last signatory on the appmval. q 0: Any otheta? pq A: Currem7 p+t 0: Currem. na A: That's h. t+st 0: What other ones have you served on in the M pastt nal A: At one time, i chaired the Product Review list Committee, which was an R & D eomm[ttee. bn 0: Do you know whst Project Omega W list A: Ibe heard the name, but I don4 remember tbe n.j details. pq 0: Has Reynolds ever exploteed developing a p+t smoking cessation devfce? pA A: Not to my knowledge. last 0: And under which group does the HHS list Pn originate out oP sal A:Itoriginates- Pay. at pt MS. FORBES: Objectlon.Asked and q answered. q A: It originates within my - within my group. q 0: One of these patticular groups that you q oversee? q A: One particular one.lt will be a combination m between RegulatoryAHairs and Product Stewardship m and Toxdcologial Assessment. q 0: Who has the fmal say at Reynolds whether toal or not an ingtedient will end up on that list? The ti+l scientists such as yourself or the attorneys? pq MS. FORBES: Objection. nsl A: What's on the list, as we understand HHS liaa p4l and what we prepare and put In place are things that t,q we have used during the year.That Is my group's t+sl decision and my decision. nrl 0: Have you ever submined a list to the pn attorneys whereby things were removed or added to the t+m list after the attorneys reviewed itO pq MS. FORBES: Objettiion.You may aoawer. pq A: No, I have not.The attorneys have not exerted tza any influence upon that list and make no decisions w regarding what's used or not used pq 0: When you prepated the list, you submit h t+tt in writing to the attorneys? PEiYi3SS SMALL v. LO1tII]ARD TOBACCO CO31IpANY, et ssL. Pap. 52 b] MS. FORBES:Objetafon. ta A: The list is prepared by Reynolds and mbtdued ~ q to attorneys at COvington & Burling to protect the tq ttade secxey of the infomntbn.All they do is q combine h with the industry list Smm other q eompanies and then submit to HHS as aoe the compounds pt that are there. q Attorneys do not review B or mahe any decision q as to what is allowed or not allowed or which noi chemials, if any, were taken off.The law is pq expucit that you have to put down what was used. nA 0: And you have to put down what was used in ptg the past year? tM A: That's the way we itxerpret it.We Hu t+e everything used in the past year. list 0: Now, when you submit this lirt to the t,n attotneys, you understand that h's going to list eventually be submitted to IOiS? nn A: 1 get a copy before B goes to HHS to review h nd to be sure h's aceueate. oq 0: Are you the hst person in Reynolds that cm sigro og on the tist bdore h goes to FOlS? n A: It's my responsibilhy m slgn oHon that list pa and if there are any changes or we find miatakes in ps) it, my aaff notifies me and that's communicated and Papa 83 ta it has my agreement to go.Therqis no what I all q formal sign off, if that's your question. But I'm t» notified, and I agree or disagtte with it.If I w disagree with it, it does not go. q 0: Would that llst have on ic, since '84, q any compound you used in any aspect of the tobacco m manufacturing process? q MS. FORBES: Objection to the form.You q may answer. t,q A: The Comprehensive Smoke Education Act defines nq that as additives to tobaceo-to tobacco.And na that's what HHS has told us and the Center for uo Disease Control told us they wanted, and that's what t+q that list is composed of. 1+s1 0: So if Reynolds used freon in the t+q manufacturing process, for example, it would be on t+rt that liad nn A: That's correa.It would be on the list and h uq would be noted as a processing aid, as we discussed pq the types of compounds earlier. im 0: Does the list actually note processing pxt aid versus, you know, lfavonnt versus top dressing? taq A: Techniatly,onthe list,we have asterisked txl those things which were processing aids Just for nsl chuiry to the Office of Smoking and Health so they Page 80 - PaQe 83 (24) Min•II-Seaipa WAGA & SP7NHLII (973) 992•4111
Page 11: nui31d00
PHYLLIS SMAiIU v. LOllv'.AAn TOBACCO COllIpANY, et n1, Robert L Suber, Ph.D. Noyember 20,199 i Papa 76 Pap.ie tq 0: And did you bave an opinion u to tLat? tv over Scientific A9aira? w A: I think my opinion is I'm not very impreaaed. pi A: I have the same groups today that I had then. p: 0: Mr. Colucd la aot a credible peraon, in tn 0: Has there been any resttueturing between µi your opinion? y A: Dr. Colucd makes a number of things that I- Ol I question his tuedibilhy.That's true. m 0: Have you ever told Dr. cohtcd you've tn questioned his aedtbigtyW n A: Not to my knowh:dge. pet 0: Have you ever told anyone elae that you n+t questioned Dr. Colucd's credibility? tio A: Yes, I have. n31 0: Who? pq A: It would have been Dr. Hayea, Dr. DIINarco. l+9 0: Anyone else? pq A: Those would have been the two that I would have t+n told in the chain of command for management.I don't uq remember anyone else beyond that. uoi 0: And when did Dr. Colucd'a credibility rm come up that you told Hayes and DiMarco? ahl A: I don't remember the dreumsrancea.That's sm just my evaluation of him over the time he worked for tte tne. Rq 0: Wel1, did you tell Dr. Hayes and DiMarco n that you did not believe Dr. Gotucd had credibility pl '84 and the presem? ~ I9 A: Yea.As in all companies, restrtttturing , tn occucs, and there ate groups that bave reported to nx ' m and not reported to me. tn 0: What groups have reported to you since tn 1984? nel A: Your quesdon-which groups have reported to n,l me that no longer report to me? na 0: At any time, what groups have reported to t+s you siace '84? nq A: Outside of the groups I normally have now would ny have been Industtial Hygiene reported to me for a t,q while.And the EmitonmennlTobaeco Smoke group. t+n At one time, the Toxicology Research group reported t+n to me. tnl 0: And what gmups normally report to you ny today? R+1 A: Today the groups reporting to me are ml EnvironmentalTobacco Smokegmup,theSawkingHeahlt tnp group, the Industrial Environmental Toxicology gtoup, nrl the RegulamryAOairs group and the group called psl product - Ptodua Stewardship and Toxicological napa n t+l while Dr. Colucd was working for you? pj A: Yes. pp 0: Were these oral or wrinen complaints? pi A: As I remember, they were pretty much all oraL m 0: When was the last time that you spoke to m Dr. ColucdP m A: Probably ten years ago. I don't even remember M the last time, m 0: Did you know C>uy liuber? t,q A: Yes, I've met Dr. Huber before. pnl 0: Did you have an opportunity to determine i,q his character for truth and veracity? tin A: My intenctions with Dr. Huber have been jq limited and he's always seemed very forthright to me. tiq 0: Do you know Dr.Bumgamer? va A: No, I don't. p>) 0: How long were you tmnager of Scientific rn Affairs? nq A: I don't remember when my title changed. I went pq from manager to a director title, but I don't pQ remember when the promotion was. prt 0: Was h still Sdentific Affaira? pn A: I am now vice president of Scientific and p+1 RegulatoryAflairs. Im 0: From 1984 to when? Present, you're still Pay.» tij Assessment. ld 0: Has the Smoking and Health group always tn reported to you? NI A: No.As I aaid Dr. Colucci reported to Dr, * DiMarco for a period of time.That group reported in tq to him for several years. m 0: Other than that several year period, has m the Smoking and Health group always reported to you? tal A: YesL nsl 0: Who is in charge of Smoking and Health v,l today? pp A: Dr. Sam Simmons. nta 0: And who's in charge of Regulatory I+q Affairs? n n A: Dr. Jim Swauger, SSw,a•u-".r. t,q 0: And who is in charge of Environmental H+1 Tobacco Smoke? Hn A: Dr.Chariie Green nsl 0: Toxicological Research? pq A: That was Dr.Arnold Mosberg. trl 0: Induatrial Hygiene? im A: At the time it was Dr. DaveTaybr. Inl 0: Product Steaardship andTmdcologial tKl Assessment? pq A: That's Dr. Deborah Pence. WACA & SpwF.I** (973)992-4iii n><in•v-Seripe® (23) Page76-P,tge79
Page 12: nui31d00
Robert L Suber, Ph.D., November 20,1997 Pap 120 m 0: Has Reynolds ever done any research to m determine the levels at which nicotine becomes tozic i8 - q MS. FORBES: Objection to the form. p 0:-inhumans.s A MS. FORBES: Objection to the form. tn A: No. Reynolds has not done ao. Nicotine pq to>3dry is reported in the Iitenture.I aee no Ig reason doing reswrch along that line. nq 0: What is levullttic adQs p1t A: What is levulinic add.s na 0: Yes. , tu1 A: k's an add that has been ttaed aa a fiavoring M at very bw leveb in some pmprietary flavors. It nsq was a compound that we also looked at a numbar of pq years ago because according to the flavor people, it nrl gave a - made a better tasting cigarette. pq 0: Does Reynolds ttse It in ita manu6cturing ue process? pq A: I would have to go look.I'm jttst not aure. pq If we do, it would be at very low levels and it.wuld pm probably be pan of a flavor system. pq 0: When you use the word Ylavor system,' p4l ara you talking about sensory, you know, taste? pq A: I'm taStittg back to your top dressing Papa 121 m information abont putting in those flavor systems and M spraying it on.And it would have been for sensory pl impact. µ1 0: Do you ever use flavoring in the comext m of referring to how ingredients or additives interaa te with nicotine? m MS. FORBES: Objection to the form. M A: No, not really. pj 0: Do you know if Reynolds has ever employed t,o: any additives or ingredients for the specific purpose pn of intetacting with the nicotine? tott A: No, not since I've been here bave we done any ttg research along that line. tul 0: Not even done any research along that 1+s1 line? t+q A: Well, not any rescarch of what I tall - aak pn your question again. nA 0: Has Reynolds ever employed any additive rn or ingredient for the specific purpose of intetacdng Pq with nicotine? R+1 A: I'm still unclear of the questlon.We have pm looked at - you mentioned levulinic acid. Wetie pm looked at nicotine levulinic to see what it did, but Rq we found out h didn't - didn't do anything. It did pq twt end up with more nicotine in the bloodstream or PHYLI]S SMAIZ v. 1,ORII7,AaD TO$ACCO COMPANY, et aL, Papa 122 ni more nicotine or cotinine in the urine. tq Q: What didn't) w A: The use of nicotine levugmtc tn this µl combina[ion'of nicotine and levulinic add did not ' a7 aher the amount of blood nicotine. iq 0: Why were you looking at that issue? t7 A: Jun a question that I had fmm looking at the pq fact of using thatt matetiat in a product. sn 0: Which materiai' uq A: Levulinic add. n+t 0: And what elae did you took at other than pq how it affeeted the nicotine in the bioodtuamt t,t0 MS. FORBES: Objection to the fotm n.t A: Weve probably done some seasory tests to see t+n how people liked it or didn't like it. WeYc looked t,n at, like 1 said, at the smoke ehemiatry and the Ames vn activiry, those things. pia 'Q: Were there any ever any heahh faauea nn associated with the use of levuliaic add~ t:q A: None that I would have predicted from looking R+1 at the data that we generated. pA 0: Were there any, whether you predicted it pn or not? tri: MS. FORBES: Objection. Pm A: No, there were none that I pw fmm the data we D Papa 123 t+l collected. sp 0: Did you look at the eHea of levulinic pl acid on nicotine levels in the blood as something !q that you decided to do on your own or somebody asked pl you to do that? tn MS. FORBES: Objection to the form. m A: As a toxicologist, fc was - it would have been • my responsibility to understand what these compounds ta were doing, and I would have asked for the t+q infotmation. Someone else generated it,but I'm the p+l one who isked for it. I+r 0: Well, did you look at how lewlinic add nn reacted with any other ingredient or compound of pq tobacco or tobacco smoke other than nicotine? t+q A: Not to my knowledge. Hq 0: Why did you focus on nicotine? t,n MS. FORBES: Objection to the fotm nal A: Because I was interested in two Octors.One t,q was did the acid use change it? Or number tsvo was, pq did people smoke the product differentty because it ? R,l was quote, less harsh?You did not feel-they sald ;m the smoke was atttoother. Would they have inhaled more rai smoke and therefore absorb more nicotine? I wanted n pq to know those things before I would agree to the use ~ piq of that material. m %0 Page 120 - Page 123 (34) 11ifn-U•script® WAGA & SPII+1ffi31 (973) 992-4311
Page 13: nui31d00
i Robert L Suber, Ph.D., Novrmber 20,1997 Pap a m THE VIDEOGRAPHER: We're going on the pi reeord.Tbe time ia 9:27 a.m..Thb is the in videonped deposition of Robert Suber, Ph.D. taken by tn the plaintiff in the matter of Edwin Paul Hoaldns, et A aL, piainti8a versus R. J. ReynoldsTobacco * Company, et a1., defendant under the f urisdicdon of m the Supreme Court of the ante of NewYork, county of A NewYork.Index number 110951/96 and related New at York ases. noi This deposhion is being heW at the n ti offices of Womble, Carlyle, Sandridge and Rice, 200 pA West Second Strect,Winston•Salem,Nortb Catolina on nsi Thursday, November 20th.1997.My name is)ohn n•t Girdler. I'm the video specialist. nn The court reporter is Cathy Jones. We pq are here in association with Waga and SpinelB with nn offices located at 4 Becker Farm Road, Roseland, New nq Jeney. ne Counsel will now state their appcarances py for the record and the court reporter will swear in p9 the witness. raD MR. MAISTROS: Jadt Maistms for the ;m plainHffs in the Hoshins nse as ched and also the pq Small ase, Index No.110949/96; the Hobettnan case, pst Index No.110953 dash - or slash, 96; the Frosina n1 case, Index No.110950/96 and the Zito case, Index m No.110932/96 which were referred to by the pt videognpher u the related NewYork cases. µt MS. FORBES: Marilyn Forbes on behalf of to R.J. Reynolds Tobacco Company. • MR. MAISTROS: Good morning, Dr. Suber. m How are you? aq DR. SUBER: Good morning. pt MR. MAISTROS: Oh, got to swear the not witness in. n+t ROBERT LEE SUBER PH.D., nra having been duly sworn, was examined and pq testified as follows: n•1 DIRECT EXAMINATION nq BY MR. MAISTROS: na 0: Good morning. How am yoat ne A: Good morning. nn 0: It's Dr. Subes, correat nsi A: Yes. nvl 0: Would you prefer I call you "Dr. Subet pq or "Mr. Subef? Rn A: "Bob" would be fine. im 0: I'B select "Dr. Suber." How's that' pq A: That's fine. R+t 0: I'm JacJt Maiattos.As I aaid, I Page s - Page 22 (6) PHYLIlS S11WIL v LOR*t*At:n TOBACCO COMPANY, et nL, P.p. to tn reptuent the platndf& in the actions IVe dted in m the cases in NewYork.Are you latnBiar with the p1 tssaes in NewYork at allP w A: No. m 0: Have you read the comphilan? Iq A: No. m 0: Do you know what the NewYorlt plaintiffs pt are alleging? A A: In general tetms of what I read In the t 9 n O~Wh~at did you read in the newspaper? nA A: The health effects of smoking and they wanted naj to recover some costs, but no details. na 0: Okay. Could you please state and spell pq your full name? PERSONAL CONFIDENTIAL MATERIAL REDACTED wl 0: And how long have you resided there? pst A: Thirteen years. Par a Fap. tl nl 0: Any plans to move in the near future? tA A: No. pt 0: Are you married? 141 A: Yes. pt 0: How long have you been married? pi A; Twentydtve years. m 0: And do you have any children? p A: Yes. pi 0: How tmny? pq A: Two. nq 0: What arc their ages? nal A: Our son is 19 and our daughter is 16. usl 0: What's your wife's name? pq A: Christine with a'Gh.' nsl 0: Has she ever worked for Reynolds? pq A: No. ntl 0: Has she ever worked for any tobacco pq tmnufacntrer? t,ll A: No. pq 0: Has she ever done any work related to p+t tobacco? pxt A: No. pm 0: Have either of your two ehiidren? Rq A: Our son was a summer student at Reynolds this pq past summer working in the labontory. Misru•Scrtgt® WAGA & SPINFI3.I (973) 992-4111
Page 14: nui31d00
PIlYISIS SMALL v. LORtt t a4T TOSACCO COMPANY, et aL,. tq could understand what they were used for. pl 0: And if ammoaia or diamamnium phosphate pt was tued, that would be on the list? pl A: That b eonect. If i[ wu nsed lu the pq manufacturer of cigarettes, added to tobacco, h tq would be on the lia[. m 0: Was - or has diammonlum phosphate and/or tq ammonia been lirted as a pmcessing aid or an pt additive? pq MS. FORBES: Objection to the form. oil A: Ammonia solvents can be used for a number of ryq things depending on the level used. My view of Hsg diarnmonium phosphate is, 8 is a flavoring. /Nl 0: If gaseous ammonia was uaed in the oil manufacturing process, would that be on the liat? t,q A: Yea, h was.And it was ltsted. nrl 0: As what type of- uq A: Lt was listed u- I ahvays tist it as gaaeous oq amtnonia.I don't remember listing it as a processing pq aid because at the time of- its function in R,1 manufacturing was not, in my view, as a processing tal aid. pq 0: It was or wasn'tv pq A: I don't think it was.I don't remember pA exactly. I'd have to go back and look on the list Paps !5 1+1 and see what the asterisks were. tq 0: Do you recall bow many years freon pi appeared on the list? pl A: No. It would have probably been until the mid m 1980s until we switched that process over to a csebon m dioxide expansionptocessn m 0: And that was in the mid eighties? pq A: To my knowledge 8 would have been.I'll nll lq it the late eighties, maybe `87 or'88.1 don't pq remember the exact time. oil 0; After that time period, did Reynolds ever psl utilize freon in its tobacco manufacturing poocuses? tsl A: We didn't make any products for sale - I know tul that we've experimented with some - what I call pq freon expanded tobaccos versus other expansion agents nq we were looking at.And we had a historical prl knowledge base of the freon expanded tobaccos.And pq so we would have used that as a comparison - or I'U oq nll It, control product. Rq 0: And how long did that comparison or pi1 research go on.t tm A: The one study I remember was a skin painting " assay that we conducted comparing carbon dioxide pq expandedtobacco,Ithiak,propane expanded tobacco trq and fnon expanded tobacco.8ut I have to go back WAGA & SPINEf1I (973) 99Z-4111 November 20,199' Pa9i ss ta and look at the projects to be absolutely aore of all m the details. tA 0: Do you know when that project was going In on? w A: It would have been the rau ttme ftame that we A were in the process of switcbing over to other m expansion agents. So i[ probably would bave been a ro year or so after we switched ova 5om freon. A 0: Did you - did Reynolds utilize lreon t+q after that period such as in the 1990s? oil A: In dgueste products? t+z7 0: YesL oil A: No.Atl I know is we were doing some tests tn pq the laboratory on expanded tobacco, comparing as I oil said. We didn't make any production here and used uq any brand that I know of. nn 0: You're familiar with the eYpanded tobacco t,q ptocess? na A: Yes, I am. pq 0: And youYe fimiBar with the p,l reconstituted tobacco process? pa A: Yes, I amn pq 0: And you're familiar with the different p.l types of both expanded and reconstituted tobacco? Rq A: I don't understand your question with that. nayp ey m 0: You testified earlier that there were ol approximately 16 diffeteat types of reconstituted pt tobacco.Are you famiiiar with those different 141 types? ol A: Ide seen the formtilations for a016 types, * >'es, m 0: And are you familiar with different types pl of expanded tobacco? tq A: Again, I don't understand the question. nq From - are you talking about expanding different n+1 rypes of tobaccos like flue'cured versus burley? nA 0: Is there - ate there different expanded t,n tobacco formtttas? t+4l A: I don't thitdc so. l think they are all the t,q same, but I'd have to check my files. It's a fairly nq consistent process, and I don't know of any changes oil that we've been making, nq 0: And all of the expanded tobacco since the rq late eighties has been through carbon dioxide? pq A: Yes. We have a catbon - we built a facllity R+1 to use carbon dioxide as an expansion agent whicb had om to be a different facility than the one that was used pq for freon. pq 0: What's that building? What's that pq building carbon diozide- Min-il-Sea3pbD (25) page 84 • PaQe 8' 51769 0930
Page 15: nui31d00
g.O1ZA_•4n TOBACCO COMPANY, et al., P.pa tta nl A: And I answeened, yes, we do to atsy within those m guidelines. pl O: You can't just wwer it'yea•? p A: I answered h. p 0: Do you kel compeUed m aay wby you do M it? in MS. FORBES: Don't atgue with the pp witness.Ask him your ne= question. la THE NIRNESS: That's my- na 0:Wby do you feel compe0ed to aay wby you ml do it? t+a MS. FORBES: You don't have to answer na that quesdon.T'hat's argumentative. Go ahead. bn Let's move on. t+n BY MR. MAISTROS: un 0: Is it your testimony here today in front uA of this jury that the only reason Reynolds measures t,q nicotine yield is because they are required to put tin certain things on their advertisements? pal MS. FORBES: Objection to forto. R+1 A: That wasn't my answer.That wasn't what I tal said. What I said was we measured that because we psl needed to know what it was going be to put it in the pq advertising. If you know what the tar category of a Rs1 cigarette is, you will generally know what the Papa 117 ro nicotine level is going to be. a7 0: Are you saying that the tar to nicotine pl ntios are constant throughout all of Reynolds' 141 cigatettea? Iq MS. FORBES: Objection to the form. te A: I would say if you look across the board that, m yes, there tends to be a relationship. If there's 10 Bl tnillignms of tar, theR is genenlly.S to l m milligrams of nicotine. If there's 6 milligtama of t+w tar, there's usually.4 to.6 milligrams of nicotlne. tnl 0: And is that by deaign? tin A: No, I don't think it's by design.It's simply tin a fact of the issue that you blend tobaccos that have t+q endogenous nicotine thete.The nicotine tracks the n6 tar. na 0: Is thete a range of ratlos that Reyaolds t,n knows exists with respect to tar and nicotine in the un brands that it sells? t,q MS. FORBES: Objection to the foernm t+y A: I don't really know what Reynolds knows and p+l what other people know. If you're asking what I paq know, when I look at the numbers, the ratio seems to WJ be atound .S to 1. p.l 0: And I take h that since you don't- pq well, let me ask you this. Do you know if Reynolds November 20,199 Poq tte nl measures the nicotine ttaaater efficiency of the sq dga:ettes It manu6ctv:ea? , in A: No, to my knowledge, we don't masuee that t9 tianafer ell'iCienCy. . . iq 0: Is the tnuu7er efiuiency of cigatettes . pl even of concern to Reyuclds? m MS. FORBES: Objecdon. p 0: So far as nicotine is ooncerned? te MS. FORBES: Objection to the form. root Ac I don't know that it't: any part of design n+l aitetia.If you want to know what you're referring tin to as nicotine efficiency of what's in smoke vewus nsl what's in tobacco, all you have to do Is look at the pq blend concentration of nicotine and uae that as a pe numerator and use the smoke nicotine as - excuse me tin - use that as a denominator and use the smoke t+n nicotine as the numerator. tin 0: Is the nicotine tnnsfer effidency-is tin the tnnafer efficiency rate of nicotine of concern Ra to Reynolds? a+i MS. FORBES: Objection to the form. aa A: As 1 said earlier, it's not any patt of any t:n design criteria and discussion that I've ever been wl in. an 0: Is the amount of nicotine that the smoker Papa 11a u1 takes itno his body of concern to Reynolds? tq MS. FORBES: Objection to the form. ta A: Smokers pick brands that they like based upon Hl taste characteristics, and I think nicotine is patt ' iq of that taste.And so we design a product that pl people like within those categories that they like to m smoke their product within. pl 0: Has Reynolds ever attempted to determine p: the minimum amount of nicotine yield that is t1q necessary to satisfy smokers? t„1 MS. FORBES: Objection to the form. tin A: Not to my knowledge. t+A 0: Has Reynolds ever done any research to Ln rJ a+ W m LD w ~ t+q determine the optimum amount of nicotine yield that l+st is necessary to satisfy smokenV t+n MS. FORBES: Objection to the form. t+n A: Not to my knowledge. tin 0: Haa Reynolds ever done any tesarch to I+n determine the maximum amount of nicotine that smokers Ro1 should take into their systemv an MS. FORBES: Objection to the fotta pA A: Not to my knowledge. pn 0: Has Reynolds ever done any research to pq determine If amokers develop a tolerance to nicotine? pq A: Again, not to my knowledge. •WAGA & SPINEIII (973) 992-4111 Mia•U•Script® (33) Page 126 • PaBe 119
Page 16: nui31d00
Robert L Suber, Ph.D., Novtmba 10,1997 Paw 56 ta written form your ida that they should have a PI no-addidve cfgarette? m A: I don't remember if it was in wthten form or q tta. I do Imow that the person in beands and I- tq who thought about it and talked about it, we did in conduct a focus gtoup test. I do remember that. m 0: Who did you taSc abotn h wlth? lq A: Guy's name was7oe 1mrm.At the time hewn pl director of brands. pq 0: Who has Enal authorhy at Reynolds witb nv respect to the list that is submitted each year to nA the government concerning ingeedienu in Reynolds nsi tobacco products? nn A: I don't understand what you mean by authority. nsl You auan who prepares the Ilst.s nsl 0: Well, te0 me a0 the people itrvolved in nn the pstpatatbn of the list. na A: The list is prepared by people in my gsoup.We nn submit the list to Covington & Burling to be Pa composhed with the other U.S. manufactuters.And a p» eontposhe liat of those ingtediam is sent to HHS, sm In this ase. it's delivered to the Office of Smoking Rs1 Health and Center for Disease ControL Py 0: How long have you been in charge of Psl putting together that list insofar u Reynolds is P.p. 57 nl concerned? m A: Since I came to the company. When I took over pl the job as manager of SeientlScAffairs,that was W one of my functions to prepare that list and submit m it. M 0: And what type of ingredients are on that m list-ategoriea? pl A: Flavors, casings, humectants, processing aids. pl AU the things normally used by consumer companies in nal tmnufacouingptoductsg nq 0: Has Reynolds always- nsl A: All of those are additives to tobacco. - n» 0: Has Reynolds always listed its processing nq aids? nq A: To my luwwledge,yes. pq 0: Flavors, casings, humecrants, processing nn aids, what else? nq A: Those are the categories that we pretty well nsn deal with. r+el 0: Have you ever prepared a list that was P,1 submitted to the government that had any other type pxt of additives on it at any point since '84? R>9 A: Yes, we prepated Iists.The governmem has py asked for us for other things that we tnay tue sueh as pq in filteta and papers, adhesives. And we provided PHYLLIS SMALL v. LOAnr.ztn TOBACCO CO11PA2M et aL, Pap. 6a . . . nl 1iEt5 to the government on those as well. oq 0: Has the piastidzers that Reynolds tues pl always been on Sst? M A: The 1980-Comptohecsive Smoke EduaiionAct tA of 1984 sates in it that they wam addidya to the tn tobacco used in the manufacture of dgatettea.That I m is the liat only g}ven to HHS.What I taid a few pl minutes ago was that CDC has asked us for what other PI compounds aa used in the tmnufae[ure of cigarettes, nA such as adhesives and Sher components and paper .. . . itttl components. ust We provided them an ida of what those are. nsl And in fact, If my memory is correct, last year- t,q and theytie not come back aod asked us for any more pq infornMtfon. nq Those compounds that I just mentioned are nrl commonly used in a wide variety of consumer pmdueta. nn For example, adhesives in commonly used in food ns1 packa8iog. pq 0: What's the difference between a flavorant P+1 and a asing? Pq A: I think B's ttnre of a function ditference,as cm I understand it coming froat outside this industry and Pxl coming into ic. Withln our company, it would be a nd material that was applied to help keep the tobacco Pags fa I+1 soft while lt's being cut into fnetpieces that can • fit in a cigarette. And those are commonly used m ingredients - sugara, eocoa, licorice. la 0: Do you know when the flavorlsus are m applied as opposed to the casings? m A: The flavotants tend to be applied at the last tn stage.They're very volatile.They'se aromatic type Pt materials. If you applied them too early in the PI stage, then they volatilize off and you would not pol have them. So they are applied at the very last n q stages and - before the cigarette is made. na MS. FORBES: Jack, when you're at a good nsl place in the next couple of minutes, if we eould take na a quick break.I'd appreciate it. uq MR. MAISTROS: Sute. Go ahead. nal THE VIDEOGRAPHER: We're going off the nn record at 10:33 a.tn.. nn (RECESS TAKEN FROM 10:33 A.M.TO 10:41 A.M.) nsl THE VIDEOGRAPHER: We're going back on um the record at 10:41 a.m.. P9 BY MR. MAISTROS: pm 0: Have you been a plaintift or a defendant Pn in a lawsuit before? Pq A: Have I been a plaintiff or a defendand In Rsl other words, have I sued anyone? Is that your D ) Page 56 • Page 59 (18) Min•U•Scriptm WAGA A SPIIqYLiI (973) 992-4111
Page 17: nui31d00
•PFIYIIIS SMAIL v. ZAR>;*_A+tn TOBACCO COMPANY, et aL, tbp 124 ryl 0: Do you do that with every ingredkm that sp you apptvve? pl A: No.Oniy with thou that I think it's el importam to do so with. tq 0: How do you decide whether h's impoeram 1q to ten an ingtediem's interaction with nicotine? m A:Italk- M MS. FORBES: Objection to the form ~ A: I talk to people in my group as wetl as my nq scientific knowledge having been trained in n,1 toxicology. nq 0: So if-based upon those tagcs and your lup scientific tnining, if you think the Ingredient lul could affect the nicotine levels in the bloodstram, I+q you'll run tests to determine If such Is the case? lul A:I(Ithinkit's- hrl MS. FORBES: Objection to the fotm hp A: If I think it's important to know, ya.I witl hq ask that tesss be run. pq 0: Is that ttom a hahh standpoint you run t:,l that test? tm A: I want to be sure how much - what the compound sm is doing as well as does h change the smoke to the pq level that people would smoke the product differently pq or would they absorb too much nicotine. va9a 125 nl 0: Are you aware of a phenomenon whereby p, people, if they smoke too much or absorb too much tn nicotine, they won't smoke the product? w A: No, m 0: Why are you then concerned about if they M take in too much nicotine? m A: Well, I tneaa - pn MS. FORBES: Objectton.Asked and Im answered. I+oq A: If you take in too much nicotine, you get 1++) symptotns.You get lighahaded, feel funny. I+A Nicotine poisoning has been well documented in the nn liteeture, vomiting, throwing up. lul 0: Are you aware of what ievels of nicotine I,q are required to cause those symptoms? l+n A: I don't remember off the top of my had.1 tm could go to reference books and look it up. nal 0: is that why you were testing the hq levulinic acid, to make certain that the nicotine pq levels wouldn't increase to the point of ausing pIl those adverse effects? ~ MS. FORBES: Objection to the form. ~ A: We did the testa.I eould f3nd out what pq levulinic acid would do If it did anything to the psq nicotine levels. 8obert L 9ubeq Ph.D.. Niovember 20,1997 Paa 126 nl 0: Is pan of the nason you teued In levulinic acid and its effect on the nicotine levels sn to determine if the lewWilc add would inenease the pl nicotine levele to the point where you'd experience pl those effects? .. .., . m MS. FORBES: Objection to the foem. m A: l:et me see if I can redeBne this.Wbat I pl really tested - what I really asked to be tested and p: the reason we tested was I wanted to know did oel levulinic acid, to use your term arlier, would it i1+l affect the absorption of nicotine or affect the :,q delivery of nicotine or in some way affect nicotine i+sl delivery to the smoker.And that was the question I iul asked and that was what was answered. i+sl 0: And what's the primary- nn A: But I thiok - nn 0: I'm arry. iiq A: That's okay. I+n 0: Is that the ptimary reason that you did pol those tests? p,l A: To the best of my knowledge, having done what pA I'il all the blood nicodne levels and Iooking at Rsl the urinary levels, that was the teason I would have Rq asked for those tests, yes. asl 0: And was that primarily motivated out of Fapa 127 1,1 health concerns or concerns that the product would tx not be as acceptable to the eonsumett pl MS. FORBES: Objection to the foim. µl A: From my view as a toxicologlrt, it ls my • responsibiliry to be sure that the consumer ia not M harmed by what we put in product or use in m cigarettes, and that was my primary concern was for m the consumer health point. 1•1 0: What was the endpoint of that research? hy MS. FORBES: Objection to the fosm. pq A: The endpoint of the rcsarch, I thinh I said nn arlier, was that thete was no difference of blood t+sl nicotine in people who smoked the product with the l+q levulinic add and those that didn't - others that I+sl had ones without it.There was no difference in psl urinary nicotines, so there was no diffetence in prl absorption either. pq 0: And did you ever superviae,order or t+a oversee any tests related to the use of levutinic pol add solely for the purpose to determine if the p+l levulinic acid had any adverse health effects? pai MS. FORBES: Objection to the fotm: pa A: I don't remember if we did inhalatlon studiea ~n u•l or not. But if we had continued with the use ~ t:d levulinic at the dose levels we would have used it, U~ W WAGA & SPIIVELi.i (973) 992-4111 Min-U-seriptm (35) Page 124 - Page 127
Page 18: nui31d00
r Robart L bl.ber, Ph.D., November 20,1997 PF)<YII1S SMA11L v. LORII7ARD TOBACCO COMPANY, e[ i1, Fyp. 3 {tt BIRREME COVRT OF T!E s1ATE OF NEW YdIX III APPEARANeE6 DOIMTY OF NEW YORK Ep cLtMACO. D66,uDO.lEF10Dwrrz W 6 6MOFOIJ DD. LPA pA CATlERNE2IfD, PETEAHOBFJWAN, 1 9p N1rN Fbor. TM N W Balbp .na 6EOROE E1156EOU. M6kMayJ CMVOYi40tlo44116 P16ta an uar a atrn alruy ) M] 6Y: JACK 0. WAISTR06, E60. 6Mta07. 1 Fa ttr PYMft. Bn W. Naldr, M Y. F Pl R16)621J/61 PrFeN. ) Ma No. ~ Iq )110967A6 Wt7MB1.E, CARLYLE, BANORQOE 6 RICE in- ) p] 6Wh 2199 r+] 150 FryMw7s B6M MY THE AMERICAN TOBACCO DDMPANY. ),hiEpO Dl@rty A1 Po6tOlllpBORp1 ~ ND. AMERICAN BRAND6, Nt:, ) E RNp R610iph. NoM CYOft 27602 DO{1NCIL FOR TOBACCO REBFi1RClFU8A.) 9] BY: MARILVN R. FORBE6. E60. Iq ND.(WOOmMloTarooo ) FOrthO DMrqYt, R. J. ROMWOs 9tan6y R..wat Darmrtw), iuiD 1 nol TOBADCO NSfRV1E. NC.. 1 n01 n11 (919) 7652122 na o«M16Y6t. ) 1121 ALSO PRESENT: n>o 114 Jan61iIW,Vp.oppl+r nR TRANSCnIVr a 1.anniy n lwn by Ital 1141 WW DOlon DATNY.IDNES. ShOm.no Rporlr m0 NoWy ItA (ti) PiD10 a ttr 1111111 a NMN Cwrolrra• M tlr Yw I+N hq oMka a woiror• OMyr. auvMq. S Rta, s9o 1+>! n7] W.u soeana 6tna.0orl.r.rc. Reem 17ti I1N 1110 Wlnlor.6Wm.NaNCMOYrOnrounOq.Na.nDw 114 nn 29.1997,a.mrrrhpM927am. - ae 6pl R+1 6ttl 6n1 6W 6M R71 Rd1 1241 Rsl L;0 1+1 NDEx 9G {p WITNESS DIRECT CROSS REDIRECT REt:ROSS 141 ROBERT LEE BUBER. PN.D, m M.blrw t/ A m ~ ~ nq E]MRR8 Ilq NUMBER DESDRIFTIDN CENTIFIOATIDN 114 1 D.posnon rotlp (6 ppOS) 226 Itll 2 OrpnYZabrW OtrN (1 p.p.) 222 . lul 3 1•L67m*mototawwn(tp.p) 229 1191 4 7•2367rnnptoBwper(6p.pr) 2:11 1161 6 1•16•69 m.mo to Gomry (2 6.pM) 240 Itry 6 51669m.motoR0yroliftp06J >a14 Itq 7 S2SB9rtrmotoBiDOr(2p.Py >aM 11q 6 u1•69nwmDtoB"(3t10pn) 253 p0] 9 1o-1a69 msnn to SuCOr (3 pWn) 161 p,l 10 11•26•89 rt.mo lo StbOr (2 p.9n) 9811 pt] 11 7•2690 rrrnq dom 6u W r(J t>ow) 273 p71 12 12-590 ROlsq ]® OOeumarl(19 p.pn) 266 DNl 13 62691 rtrmo to CoOp.r R.O. (I p.pq) 296 pil 14 12•16•91 v.mo to MOW* (29Wa) XO Page 3 • PaSe 5 (4) Pap.4 Min•[J•SeripOA WAGA & SPINEIII (973) 992-4111
Page 19: nui31d00
PIIYiS1S SMAIL v. LORIISA$D TOBACCO COMPANY; Ct al, Paa +oa ni those compounds? M A:No,Idon't.itlfoundany-eventhe W gaseous ammonia objectionable in years past, I would M have questioned the managemem and recomt>xnded tq remqval which I did not do. I did not recommend tq removal. m 0: Where else is ammonia used In addition to tq the recon process? pi MS. FORBES: Objeetion to form. nq A: That is the only place that Reynolds uses !tL u+1 0: It doesn't use ammonia or diamttamium pq phosphate or any by-pmduct to treat burley tobacco? oq A: Not anymon.As I said, we stopped that ov process in the mid eighties. t,q 0: Was there a simtlar ptocesses employed by ' pq Reynolds to reduce the nicotine levels of burley or ort fluetured tobacco? , nq A: No. nq MS. FORBES: Objection to the form. py 0: Wbat does Reynolds do in yean wlth the Ra nicotine contem of burley tobacco is exnaordinar0y rai high? wl MS. FORBES: Objection to the form. t+V A: We try and buy other tobaccos offshore and be a psi Uttle more careful in bow we blend the products and Pape taa nl selecting our tobaccos for blends. m 0: Are you fimiliar with the design pi specifications for the various cigarettes NI manufactured by Reynolds? tq A: I'm bmWar with when: they are, and I can go tq look at them if you're talking about the system that m lays out how cigarettes are designed or any pi particular brand or brand style is designed. m 0: What type of design ctieeria are on the nal design specifications for the Reynolds eigarettes? p+l A: Those specifications would have like the name im of the product, the tar level, the top dressing im types, the blend types, the casing humectant types i+.t and levels, what type of cigarette paper to use, what ns1 type of filter to use, what type of ink to use on the t,q tipping color, what sort of adhesives to use. nn 0: What about the type of reconstituted na tobacco? l+q A: The type of reconstituted tobacco, how much pq reconstituted tobacco, how much burley and pq fluecuned.That's what I meant by the blend - how pm much expanded tobacco. im 0: How about the tar to nicotine ratio? pq A: I don't think nicotine is on the specification psi and I don't - I don't know if tar to nicotine ratio ltobert L Sttber, Pb.D. November 20, 199' - . t4pa 11e nl ga on therm ekher.I don't think ao, but I don't .. tq rememberattingk. p1 Q: You don't thinkli is or k isn't? : tn A:1 don't thidt k is,Juet to my memory, I_, tq don't thiok k is. tq 0: And you don't think the nicotine coatem iq or yield is on the sped5catlon sbeet? pq A: I'm certain the tsico8ae yield is not part of oq the design apeclBciltlon.You may have the blend nal nicotine down there, but 1 don4 know about that : t,+1 aither.I'd have to pull one up and look at itL ns, 0: Anything else that you can think of tm that's on the design specs? tKi A: It may have the other materials -about what uq type of packing materials it should be in, the nq over•waps, that son of thing. How to make the nri product and get k suitable for consumer sak. i+q 0: How about the pH kveR nq A: We don't design any products for any particular Rq pH level In the yeats that I've been bere. a,l 0: Is it your testinwny that the plf level of = dgaatte smoke Is not taken into consideration so Rti the design of the agareae? p.i MS. FORBES: Objection to form. pq A: Yb tny knowledge, we have never used pH aa a Pap. ttt ta design criteria in designiqg any cigamte.Ihe w smoke pH, from my looking at the data over the years, rq is fairly constant and been consistent. Between Iq five-and-a-half and six~attd-a-half pH unita. tq 0: And is there any pan of the tq manufacturing process that affects smoke pH? m MS. FORBES: Objection to form. pl A: Not that I'm aware of. tq 0: Is the smoke pH ot burley and flue-cured nsi tobacco the satne? t+q MS. FORBES: Objection to form. ua A: No, I would expect the pH of budey tobacco to im be higher just as I would expett the pH of cigar nv tobacco to be higher. Pq 0: CR? t,ol A: Excuse me? t+r1 0: Did you say CR tobacco? un A: Cigar. hq 0: Oh, cigar. tm1 A: Cigar. - im 0: And k's your testimony that the higher pai pH levels of the burley tobacco is not taken inw pm consideration in the manufacturing process? p.i MS. FORBES: Object to the form,asked Rq and answeted, -WAGA & SPINEIIi (973)99Z-4111 MinV-Sedpdo (31) Page108-Page11]
Page 20: nui31d00
r . `PRYI33S SMAIi. v. ZOIt=;4T1 TOBACCO COIIIPANY, et nL, Papa t i6 pt TNE NRTNESS: Can we have the question pq sgain,plesse? p) BY MR. MAISTROS: m 0: Did his letter mentioa the involvetnem of m attorneys in any fashion in his ftvsnatbn wlth the M lack of testing on certain ing=edienta? m A: I donY remember whether h did or not.1 took pt it more as company rzpmsentttives.l didn't take it m as what-whetheryou were in attorney or scientist nq orotherwise. t,q 0: Have you ever heard of the Committee of I+q CounseLs pq A: Yes. hp 0: What ia that? ns1 A: k's -to my Imowledge is a comnilttee of the 1+4 chief counsels for each of those tobacco companies. un 0: Did Dr. Speara mention the Commiuee of Its) Counsel in his letter? Iu9 A: I don't remember that letta.I haven't seen pq that letter for ten years or so. I don't remember sri the details. pm 0: What did you do with the lena once Dr. pst Hayes gave it to you? pq A: Gave it bacY to Dr. Hayes. pq 0: Did you keep a copy? Paps 197 ttl A: No. m 0: Have you ever read or beard anywhere that m the Comminee of Counsel was frusmting or not pi cooperating in any tobacco company's desire to do m testing on its ptoducts? . m A: No, we had no difficulty doing it here.And ia Committee of Counsel would not have - would not have pt had anything to do with what research we were m conducdng, so no. na 0: So in no 8shion in any strach of the I+p imagination have you seen any letter or ate you t+n associated with any letter or document which would hsi suggest that the Committee of Counsel frusrrated nn testing by any tobacco company? pu MS. FORBES: Objection to the form. pq A: I'm not aware of any letter which states that. 1,>, And as I said, I didn't have any experience that they l,q were doing that. nq 0: And any memotanduta? Similarly, you're pq not aware of any memornndum that discusses the t:0 Committee of Counsel's frustration or interference pm with any tobacco companies decision to conduct any pq test? pq MS. FORBES: Objection to fotm pq A: No, I'm not.I'm not aware of any. Robert L Suber, Pb.D.. Novembet 20,1997 Paps t4a m 0: Have you ever fired anyone at Reynolds? m A: I dont thlnk ao. m 0: Have you ever asked anyone to resign? m A: I don't thinh so ehher. . ,. m 0: Have you ever recommended to anyone that m they fue somebody else at Reynolds? ; m A: No. m 0: Have you ever disciplined attyone at pi Reynolds? vq A: DisdpWted vetbally or disdplined in waiting? tnl 0: Well,fun-&st,verbaUy. pal A: Yes.If sotneone !n my gtoup wasn't getHng pq things done I wanted done, yes, I would have talked 1141 to them. . nsl 0: Have you ever disciplined anyone In ttn wridna' im A: I'd have to check personnel records. I just pst don't-Idon'tretnembaany. l+sl 0: 'Iben I take it then thae has been nobody pq that has worked under you during your tenure at r++i Reynolds that you've ever personally fned? rm A: Not that I remember.The people that worked im under me who have left, have left voluntarily and sxt found better jobs. pq 0: Was there anyone that ever had work Pap. 199 i,l product that rose to the ifvel or fell to the level m that you felt a was necessary to suggest they be m firedV pt A: No, no one comes to mind. m 0: Is there anyone that you've ever worked m with at Reynolds that you would not consider worthy m of believing? m MS. FORBES: Objection. pi A: I think I answered one eariier for you - tioi Dr.Colucei. pll 0: Is that h? pq A: I can't remember the guy's name.Ah, I was t,sl very suspect of some work product from - maybe from t al Dc John Viren as well. pu 0: John who? pq A: Dr.JohnV'uen. nn 0: How do you spell his iast ttame? hq A: V i-re-n. hq 0: What group was he inW pq A: Dr. Colucci hired h1mm ait 0: Refresh my recollection on that group. ;m A: Smoking and Health group that worked with me. m 0: And why do you have suspicions concerning tNl Dr. Viren's veracity? pq A: He presented himself as holding a Ph.D., but we WAGA & SPIWEISI (973) 992-4111 MIn-U-Su'IpbD (53) Page 296 - Page 19S
Page 21: nui31d00
Robert L Suber, Ph.D., November 20,1997 Pap 1M µt was or was not concerned with the pharntacok>gicd pl eBecz of the level of nicotine in the Ptemler p dgatette? p MS. FORBES: Objection to the fotm p A: As 1 said eulier, I-to my knowledge we p never designed that product atound a set nicotine pt number for any phamncologinl, physiological eSea. p 0: Do you equate the pharmacological effect p whh the taste concept that you testified aboutv oA MS. FORBES:Objecdon to the form. µ0 A: What I think I would ay ia wdthin-whhin pA the level of nicotine that comes fmtn tobacco na products, that level is sufficient to give a M) phatmacologiral effect. µsl 0: Do you associate in anylashion that pst pharttucologiral effect with what you described aa pn eonstmxrs'raste, desires and preferences? nst A: No.Talking to consumers, I think their ny concept of it is just sensory impaa.The back of pq the throat, what's commonly defined as harshness and a+t bite. al 0: What research are you familiar with that pq has been performed by Reynolds to calculate or tsq determine the pharmacological effect of nicotine? pq MS. FORBES: Objection to the form Paa. 145 bt A: I'm not aware - aware of any. My memory does p not serve me that we did any of those. p 0: Ftom 1984 to the present, your memory µt tells you that Reynolds has done no research on the p pharmacological effects of nicotine? p MS. FORBES: Objection. pl A: To my memory, we have not measured what I p mentioned earlier. Blood pressures, things of that p nature. µq 0: Including effects on central nervous n,t system) nat MS. FORBES: Same objection. na A: I'm not - we had a section in the laboratory pit that was looking at nicotine and receptors in a nsl laboratory petri plate, test tube sort of function, nq but I-that research was not under my direction, prl and I don't know all the specifics of it, nal 0: Never got beyond the petri plate lab nn leveh pq A: No, it was never looked at in humans to my pit knowledge. tzn 0: Who was doing that work? szn A: To the best of my meaary, that would have been st+t Dr. Pat 1JppieOo. psi 0: So the most -the furthest Dr. Lippiego P1iYLI1S SMiAIS, v. LORIt *•An TOBACCO COMPANY, et aL, . . . . . _ . - ': Pap /46 nl ever got was the petri dish? p MS. FORBES: Objection to the form. p A: What I'm saying to my memory, that's as much as µt 1 remember ever seeing any reports on. I don't ever p remember doing any sort of tests in hurmns along that p line. m 0: And why was Dr. Lipplello doing that p work? p A: I think just to look at recepton and see how t+ot they bound. Just basic scienti8c research into nq binding characteristics. np 0: Have you ever had anyone under your nsl supervision looking at receptors and see how they i+sl binG' pit A: No. nn 0: Have you ever had anyone under you nn looking at the issue of whether or not the tia intetactlon between nicotine and receptors could be nq altered by the addition of any compounds to the py manufactur9ng pmcas? pit A: No. pA 0: Was there ever an issue of whether or not sm the use of nicotine levulinate or levulinic acid p.l affected the receptors and the frequency with which an the receptors interacted with nicottne? Papa 147 n1 MS. FORBES: Objection to thitform. m A: I juat don't remember1 t don't temember any. pit 0: Now, when Preatier was being developed and µt - let me start over. When you were developing p Premier, were you looking at the nicotine content of p the cigarette, the nicotine yield of the cigarette or m both? p MS. FORBES: Objecdon, ntischaruterizes. R A: As I said earlier, we didn't design It around not any particular nicotine ditective.It was designed t, q around a taste directive, to the best of my memory. t,a And nicotine was part of that sensory impaet. pA 0: Well, l didn't ask you why you wete nq looking at the nicotine, whether it was taste or nq anything else.I just asked you if you wete -you pit can tell me if you weren't on either, but were you nn focused at all on content or yield of nicotine? nq MS. FORBES: Same objection. nq A: As I said earlier, only in the context of pq taste. I don't remember any beyond dhat. We did aot pit have a design criteria- pat 0: Okay. CM A: - towards smoke nicotine per se. ~ tM 0: Whcthcr !t was taste or whether it was J psq for the pharmacological effects or neither, my 3 Page 144 • Page 147 (40) Mia-U-Scraipt® WAGA & SPIlVE[2I (973) 992-4111
Page 22: nui31d00
-PHI7SIS SM;AISL v. :ZOBIII.ARD ToBACCO GoMPANY, et aL, Papa 12 m 0: Which labornory? ; sp A: A chemi.stry labotatory. . pi 0: And he's going to college? t tq A: He is a sophomore at Georgia Tech. se 0: Wete you eaer in the milinry? ta A: Yes. m 0: What branch? sn A: ernry. pl 0: Excuse me. Whete did you attend high nol schooii n9 A: QuineyJuniorSenior High School in Quincy, na Florida. n0 0: And what year did you graduate? tw) A: 1967. ns1 0: And what did you do upon graduation? nn A: I entered the University of Florida. pt) 0: What years did you attend the University nq of Florida? nsl A: I received a bachelor's degree from the pq Universiry of Florida in animal physiology in 1971. R+) So I was there ftom September of 1967 unt0 - it was sm June of 1971. pp 0: What Is animal physiology? aM) A: It's a study of what is a normal physiological pq response in animals. It was a degree we worked Papa 13 ni toward - a fleld that you could either go into pi veterinary school or go into research. m 0: Did you wotlt at all whh tobacco or PI nicotine? m A: No. m 0: Did you do any sort of test lihe Ames m test) pi A: No. pq 0: Any son of mtttagenieiry tests at all pa while at college? nti A: I don't remember.l may have in graduate na school. nn 0: When did you attend graduate schooB pq A: I was trying - let's see - I ttceived a l+si master's degree - master's of science degree from an the University of Florida in physiology and clinical nn chemistry in 1975. I then went on and got my doctor nq of philosophy degree in toxicology and clinical nr: pathology, and I finished those degrees in 1979. poi 0: Did you wotlc at all in the tobacco R+l industry in those years or up to that point in time? pa A: Not during college. pm 0: Okay. Up to 79, you had no relationship pil with any tobacco company? pq A: No relationship with any tobacco company. Robert L Suber, Ph.D., November 20,1997 Papa tI 19 Q: And you-you obained a degree aa a m doctor of tozicology? m A: Yes. Nl 0: And alnt is thats ss: A: Toxicology is the atudy Of poiaons of the audy ssi of adverse effects of chemicals. m 0: Does it include adre:se health effects? ta A: Yes. p: 0: And what is clinical pathology? ntn A: Clinical pathology is the biomedical field t,q where you rahe blood samples-be It blood or urine nn or sputum or other materials from people, ineluding nn anitmis, and determine the - use those u markers 1,41 for posstble health effects or possible changes in nd the normal physiology. nq 0: Blood, urine and what eise.? nn A: Any body fluids. Sptttttmn nn 0: And what did you do in 19790 vq A: I wcm to work for the college of medicine, pq department of pathology at the University ofArlcansu R+l Medical School as aa assistant professor of Ra pathology. pq 0: When were you in the Army? p.l A: Between my bachelor's degree and my master's psJ degtse. I entered in 1971 and I gm out, l thiah, in Paya ts uI the fall of 73 or the winter of 73.1 thinic h was m maybe December of 1973. R 0: And what tank? Pl A: Specialist fourth claas. m 0: What type of dischatgeW s+l A: Honorable. m 0: Did you ever see any military acdon? pn A: Combat) pl 0: Yes. nq A: No. na 0: Where were you stationed? nrl A: Tripler Medical Center, Honoluly(>Hawafi. nn 0: And then you went to, in 1979, tt[ ~e nq University ofAthansas Medical SchooP nq A: Yes. nn 0: What position? un A: Assistant professor of pathology. nn 0: Who hired you? nq A: Dr. Glenn Baker. n0 0: What was his posidoa.s R+I A: Chairman of the department of pathology. pa 0: What did you do u assistant pnofessor of rm pathology? cm A: I taught medit;<l students and graduate students Pq courses in pathology.Also started some r,eaearch.l •IiVAGA & SPIIdE13I (973) 992-4111 Min•U•Seriptm (7) Page 12 • Page 15
Page 23: nui31d00
IA RIIlARD TOBACCO COMPANY, ex a1, November 20, 199 ni Fi.ys 132 MR. MAISTROS: Wby don'4 we take a lunch ~ P.p. ». I 01 attpervLtlen 5om '84 to tLe present. M break, If you don't mind? tan we come back at one? a7 MS. FORBES: Wcll, objection. pp p MS. FORBES: We'11 do it at 1:15. THE VIDEOGRAPHER: We're going off the tq Ic 0: Except for a cottple of years? A: Aa I pId eufier, for a coupk of years S la record at 12:16 p.m. In (RECESS TAKPN FROM 12:16 P.M.TO 1:22 P.M.) m THE VIDEOGRAPHER: WeYs going back on A the record at 1:22 p.m.. N BY MR. MAISTROS: pq 0: What was Ptojea G7r pq MS. FORBES: Objection to the form. na A: I don't remember Gi: nn 0: Do you remember Projeet GT7LU na A: No, I don't. nA 0: Do you remember Project 7mUt na A: i atn't - I don't eonnea aaythittg to the nri acronyms in any faets or issues. pq 0: Do you know if the use of potassium pq carbonate - let me back up.You said potassium pq carbonate was utilized In Eclipse? tnl A: Correct. am 0: And h wasn't udlized in any other wl product.' p.l MS. FORBES: Objection to the form pq A: What I said wu k was used - it's tnx uaed in lq reported direetly to Dr. Markhamm pq 0: How did Smoking and Health diger from tn what Toxlcobgy was doluglO 1q A: As 1 said earlier, Smoking and Hwhh was pi looking at what cigacettes and tobacco products did n0 in people, tnching the ltteranue.And we even ' nv sponsored some outside research at universities, url through that group, funded those. Keeping track of nsi what I call the consumer health perspective.Whereas Iw the other general toxicologists were more into what ns: product design did to smokeless cigaeettes. nsl 0: Did Smoking and Health have any research nn aimed at proving or disproving any eJaims related to ne health consequences of smoldng) nal MS. FORBES: Objection to the form. pq A: To the best of my memory, Ssmoking and Hheahh ¢+l was there to keep mwagemem notified of what was oa going on in the literature as new papers and aM Inltirmation came out.As I said cartier,we funded pq research at different tmivetsidea looking - looking tu1 into specific issues about smoking and health. Pap. 133 Paps 136 Iv any other product today. h was used in Eclipse - nl 0: Any particular nCStarch that you ean aq Eclipse is on the market today.And it was used in w recall? * the Winston projea EW that you asked earlier about. In A: One that eomes m mind quicJdy is a study µl 0: Did the use of potassium earbonate have m anything to do with efforts to influence pW Pi A: As I stated earBer,I don't uuly understand m smoke pH. I don't think it really exists. But pl whenever I looked at potassium carbonate and smoke m pH, I've twt seen any effect of that on smoke pH. In pq tobacco burning cigarettes, the pH stays, like I nq said, between fiveand•a•haif and six-and-a•half. I'A 0: Is there another name for diammonium nn phosphate other than diammonlum phosphate? nq A: I think it's alao called anunonium phosphate nsl dibasic, but as a scientist they mean the sanx to me. nq 0: And ammonia, is therc another scientific nn name for ammonia? nq A: No. I think that's it. nh 0: Is that NH3t py A: Yes. R+l 0: Is there a scientific name for gaseous cm ammonia? psi A: No,S'sjustNH3.ltjum-youjustSm 1241 the state it was in, gaseous. Pq 0: And the Smoking and Health was under your Ni conducted at Indiana, at the medical school there, m looking at lipid peroxidation in smokers versus m nonsmokers to see if there were differences. m 0: Are you aware if Smoking and Health m conducted any research to determine If nicotine was sn or was not habit forming or addictive? nA MS. FORBES: Objection to the form n+l A: I'm not familiar that we did anything in that n n area of research while Smoking and Health reported to na me. nq 0: Did Smoking and Heahh look at or fund or pq participate In research that looked at the issue of tui whether or not nicotine in and of itseif had any nn adverse health conaequeneesl nal A: Not to my knowledge did we ever look at t,q nicotine having any adverse health effects.There oq was already an extensive database in the litetatute Ro on nicotine. ;m 0: Are you aware of any reported literature pq that suggests that nicotine !n and of itself has R•1 adverse health effects? ps1 A: As a toxdcologist, PIl apptoacb h this way. ~ J m ~ WAGA & SPINIIZI (973) 992-4111 Min•vscript® (37) Page 132 • Page 13:
Page 24: nui31d00
Robert L Suber, Pn.u., November 20, 1997 LOltlt? •4n TOBAOCO COMPANY, et a1., P.pa iE pl 0: Wben? m A: Oh, h would have ptobably been wben I came m W the company years ago.I've aeea S off and on on pi people's desks over the years. tA Q: I undetstand youWe had the same getiaal Iq job funebon since '84. Have you received m pmmotio>uthough, m A: Yes.Ire gone from marmga to director to pj vice ptesfdem. pq 0: And do you know apptositmtely what years nv those changes oeeutred? pA A: Well, the vice president one was just this past nq year, inluly- well, this year, excuse me. ae 0: Julyof'97? nq A: Julyof'97y pq 0: How about director? ptt A: I would have to estlmate that was In the late pq eighties, like 1988 or so, but I don't know exactly. nq 0: When you Joined itt '84, were you fardllar pq with a group known as Biobehavorial~ pq A: That wu Wally's group. I'm trying to remember pq if that was the name of Wally's group at that time or pq if h changed later on. Wally Hayes's group at one Wq time was called Biochemical Biobehavorial.I'm Pq trying to remember if Biobehavorial was another Papa 97 nm group, but I don't remember. aq 0: Do you know why Dr. Hayes left Reynolds? pl A: As a0 of us in managements of large companies, M we serve at the discretion of our bossa.And I iq think Dr. Ehmann didn't like Dr. Hayes and didn't sn want him as pan of his team. m 0: Was he asked to leave? p: A: I assume by the Sa that he left that Dr. m Ehmann didn't want him in that position. Beause I nq took over a lot of the responsibilities of that 1„1 position. Since he was not there, Dr. Burger pq reported to Dr. Ehmann and I reported to Dr. Ehmann. I+sl 0: Do you know if Dr. Hayes was fusd9 n4l A: I don't know. pq 0: Do you know lf he resigned voluntarily? nq A: I don't - I don't know. prl 0: Do you know why- do you know Davk! I+q Isbistere nq A: Dave Isbister? pq O: Yes. R+t A: Yes, I know Dave Isblater. Rrl 0: Do you know why he left Reynolds? pq A: No, I dont.Again, I assume because in senior p.l levels of management, companies change direction. pq 0: Who is your direct supervisor now? 1+1 A: DtGaryButga. Papa 9a RI 0: And who's his supervisor? tq A: The president of the company,Andy Schindla. PI 0: Since you joined Reynolds in 1984, has k Iq been your group's responsibility to eamine the Iq alleged health effects related to smokittg? m A: Yes, within the smoking and health division. aq 0: And has h been your group's sn responsibility to look at the toxicological effects pq of the ittgredients in the tobacco manufactuting I++t process? pp A: 14 me de8ne 8ut. We don't generate the I+a tmdcologital data or chemical dam that we ask for. pq We're the ones who ask for the data. We look at the nq chemtcals.We look at the pmcess.We determine hq what its functions and what h does, and then we t+7l design the studies necessary to evaluate it. I+q Evaluate its changa-the changes h may force imo nq product. pq 0: Before the ingredient is used In the I++l tobacco manufacturing process, does your group have tal to sign oft? pq A: Yes, tt must. pq 0: How long - Pm sorry. pq A: In f.et, whenever a product developer even has Paq. aa nl an Ida of what he wants to tue,.he must go through m my group before he's allowed to do anything with B. pi He nn mix it up in a produa and smoke it hfmself if * he wants to, but he can't do anything else whh it pl without my group's permission. tq 0: Has that been true since '84? m A: Yes, it has. pt 0: Were there aimilar guidelines in place Iq before'84? t+q A: Not that I'm aware. pq 0: Was there a standalone toxicological t+a group prior to '84? t+q A: Not to my knowledge.Toxicology did not really t+41 come into being until the late seventies. t+q 0: Are you talking generally or at Reynolds? I+q A: Generally, as a science. I+r1 THE VIDEOGRAPHER: Mr.Maistros,we have I+q five minutes left on the videotape. I+q 0: What is the procedure or was there a Itq procedure implemented in 1984 for the use of any ta+1 ingredients or additives in the manufacturing Pn process? ps7 MS. FORBES:Objecdon to fotsaYou tmy txt answer. pq A: I set up a protocol to start evaluating how we PfIYIIdS SMALL v 3 Page 96 • Page 99 (28) Min•U-SerlpbD WAGA & S^r*TMr** (973) 992-4111
Page 25: nui31d00
ta A: Dr.Waliy Hayes's book on-it's Prinefples of Paqas m To:dcoJogica) Mcthods. m 0: Is Dr. deBethtzy a coautbor of that ` NI book? pq A: I thiok Dr. deBethizy did as I did, wmte a w chapter in that book. m 0: You wrote 35 to 40 abatracts.Were they tp all wrhten before or after you joined Reynolda,or W1 both? nA A: Both.The majority of them were written before t++l I ame to Reynolds. n0 0: Have you ever written any absaacts or nal book chapters on nicotine? nal A: No, not to my Imowledge. nal 0: Have you ever taught any courses on nn tobacco and/or nicotine? nn A: No. nal 0: Have you ever attended any courses on nq tobacco and/or nicotine? pq MS. FORBES: Do you want to help Dr. R+I Suber out with the question? pA THE WITNESS: Yeah, help me with the pq question. Rq MS. FORBES: What do you mean by (til "course"? Pay.2a ni THE WITNESS: Counes- p~ BY MR. MAISTROS: tst 0: Any-did you ever attend any pl presentations where the subject of tobacco, nicotine * or smoking was one of the topics? al MS. FORBES: You mean outside of his m regular employment? al 0: Yeah, outside of your regular employtnem. m A: Some scientific symposiums would have discussed noq such things. Either we may have presented the data n,/ or someone else may have presented a piece of the nsl data. 1131 0: What scientific groups are you a member tu7 ofr nsl A: I'm a member of the Society ofToxicobgy, nn Society for RegulatoryAfhirs. Society or= n+l Institute of FoodTechnology.I was also a charter nq member of the Society of Regulatory Pharmacology and nry Toxicology. I sat on two United Nation committees pm dealing with reptacements for methyl bromide which Rq was a fumigant, and one dealing with evaluations of = alternative materials to ozone depleteta. pn 0: Any other groups? Pq A: I chaired the safety issues task force for the pq GroceryManufacturersofAmeria.Iwasformerlya nl member of Sigan Xi.Those aec all that conte to ~ao it1 flgltt now. ta 0: Have you ever attended anyTobacco w Institute meetings? pq A: Yes. tn 0: In wbat apaciry? m A: As a teptesentative of Reynolds, as my iob at = tn the time I emetr.d the company, as the annager of • pr ScientificAftahs. noi 0: Do you know what the Co forTobacco b,) Research is? Urq A: Yes. ns1 0: Have you ever attended any of their iul meetings? ny A: Yes, I have attended a couple of their nsl meetings. nn 0: Aa a representative of Reynolds? nsi A: Aa s representative of Reynolds and to nn substitute for Dr. Bob DiMarco who could not make the pq meetings.And I was already in NewYork, and he p,l asked me to attend in his place. pa 0: Have you been deposed before? wl A: Yeu. wl 0: Wben? pal A: I give some depositions before I ame to Papa 31 m Reynolds. ta 0: What type of matteri? m A: Having to do with possible patiem or employee 141 exposute to cheadals, m 0: Related to your worlc at the University of P1 Arkansas? tn A: No, it waa not related to nry worfc at aLL.It s: had to do with -I was consuhing while I wu at the pi Universiry.And they were cases that were brought, . noi and the attomeys asked for my assistance in nq evaluating the infotmation they had. na 0: How many times were you deposed? nn A: That I can remember, awo. nq 0: And where were those cases pending9 nsi A: Both in Aticansas at the time. nn 0: In the state court? ne A: I don't remember which eottet. Inl 0: What dry? nq A: The depositions were in Iitde Rock, but I Pol don't remember what cities they were filed in. R,I 0: And were you testifying on behalf of the pm plaintiffs or the detendama? pm A: In each ase, the plaintiff one time and the p.7 defendant the othec sM 0: What was the chemical involved in each? W7AGA 8< SPWEIII (973) 992-4111 Mia-F-Seripth (11) Page 28 - Page 31
Page 26: nui31d00
PHYIISS SMALL v. .LO4n r•Rn TOBACCO COMPANY, et at1., Pap 140 tq channel.So it was coated on aluminum beads which p) allowed spacing in there and you could get the p) glycerol and water and the other ammatics to come M1 through those beads or off those beads and inm the p) smoke. A 0: Dutipg the course of the development of m Premier, did Reynolds monitor the nicotine yields of sn 1't'etNer dguettea.l tq MS. FORBES: Objection to the form ny A: To the best of my memory, as we would do any n9 cigarette produa-and I'm •suming this is-thia nA is just normal, so I'm assutning that. We would have nst look at the tar and nicotine numbers from the product nq aa pan of the designs-as pan of the idea of pq where we wanted the tar levels to be. nq 0: You an use the word "design" if you 1171 like. nq MS. FORBES: Objecdonm nq MR. MAISTROS: I mean 8's not a pq blacklisted word. p,) MS. FORBES: Objection. pq BY MR. MAlSTROS: pq 0: Did Premier design - µai MS. FORBES: Motion to atrike. pq 0: - nicotine yield to be a specific level Popa 141 m In the Premier cigarette? tq A: No, not to my knowledge. Premier was designed pt around a flavor concept of what people wanted. Hi 0: And there was no thought, considetation, tq research given to the nicotine level of Premier? Iq MS. FORBES: Objection to the form. m A: To my knowledge, the only consideration would pi have been that nicotine has a sensory impaet.And m therefore people want some of that sensory impactL nq And if they told us that the product did not taste n) the way they wanted it, then we would try different nr tobacco types or different processed tobaccos to nA achieve that taste characteristic that most of the nq consumers wanted fnom the product. nq 0: And how was it determined that the nq Premier cigarette would contain a cettain level of hn nicotine? nq MS. FORBES: Objection to the forra t+q A: To the best of my knowledge, when we designed pq that ptoduct, it was designed around bow much tobacco pq taste consumers wanted.And the nicotine became a Pri function of that tobacco taste.There was no design ptp criteria only for a specific nicotine. pq 0: And you equate the level of nicotine with pq tobacco taste? ~LVCZ`L +- atsocr; rn.a.. November 20,199: Paye 142 m MS. FORBES: Objection to the fotm W A: What I said was that consumers want some of W that tobacco taste, the tobacco aromaila, the iq nicotine - all of that in one composite product. I p think consumers look at that at olx big ball of tq infotantlirn. h's like a andy bat.Tbey wam ; m ehocolate, they want caramel, they.vant nuts, they W want all that tauea in it. Iq And with smokers, I think the same thina'was nq there.They wanted all that tobacco taste,the nq sensory itnpacc of that level of nicotine.And that's tui what we worked on, developing that rounded taste for na the consumer. nq 0: Does the consumer want a certain level of nq psyeboaaive effect from his cigarette smoking.l nq A: That's beyond my level of expertise, but I nn don't know nq 0: Do you know what a psychoactive effeet nq is? pq A: No, but - if you asked me another queation tnt about-whatis-what'sthedefioidonof srq psychoactive? seq 0: That's what I'm aaking. Do you know what pq it is? pq A: I could come up with a de9nition, but I don't Papa 143 n) know that there's any geqetalty acceptable scientific ra term as to what psychoactive - tq 0: Do you know wbat pharmacological effect Iqb? pi A: I know bow I would define pharmacological iq eHect. m 0: How would you define it? pj A: It's-in thia case a chemical which changes pi the normal physiology of the body or affects the nW normal physiology of the body. nq 0: Does nicotine have a phatmacological I+L eftectl nsl A: If you read the literature, the pharmacologinl t+q effects are hirly well laid out thett. nq 0: What does that mean? nq A: The literature reports that it's a central t+rl nervous stimulant. It can be, as I mentioned nq earlier, a vasoconstriaor.It shrinks blood nq vessels. Some people report in the literature you Rq feel a]ittle bua, that sort of informatbn. a+l 0: So your answer is yes, nicotine bas a Pm pharmacological effect? Fm A: My answer is yes, nicotine has a pq pharmacological egetx. pq 0: And is it your testitnony that Reynolds °97AGA & SPIIVF.LII (973) 992-4111 Min•V•Script® (39) Page 140 - Page 14;
Page 27: nui31d00
F'IiYI1I5 SMAIIL v. l.Olt**A4i1 TOBACCO COMPANY, a a1., Papa 100 m we lttgredients and implemented ic regarding tn evaluation of the chemical, smoke chemistry; maybe an pt Ames test, animal tests. if they were needed. pi MR. MAISTROS: Okay. We have to chanQe tq the tape, if you don't mind. tq THE VIDEOORAPHER: This is the end of m tape one. We're going off the record at 11:30 a.m. pt (RECESSTARIIV FROM 11:30A.M.TO 11:37A.MJ t•t THE VIDEOGRAPHER: This ia t.pe two of nq the videotaped deposition of Robert Subet Ph.D.. nn We're goin; back on the record at 21:37 a.m.. na BY MR. MAISTROS: nat 0: When you began in 1984, did you Implement n.q a written protocol for ingrediem teating) nq A: I don't remember. nn 0: Was it just ingredients that were tested nn or were also, at that point in time, processing aids pq tested~ nai MS. FORBES:Objection to the form. Pq A: If there were processing aids, we would have trit tested them through the aame sort of system with the Pat same sort of question. am 0: What type of tests would you do? Rq A: Well, the same thing.We would have done smoke no chemistry with or without the processing aid. Let's Paya 101 nt take, for example, what you said earlier about the p: expansion agem-tested that product before and p1 after h was processed or compared to anotha. We F) would have done smoke chemistry, general toxicity m tests. If we needed other studies done, I would have tg asked that they be done.At the time we did not bave m irnhouue npability, but we would have gone outside an to do it. pj 0: Were there different levels of tests that ng you performed? n,t A: Toxicologlsu- ntt MS. FORBES: Objection to the foem. nq A: Toxicologists object - design tests regarding pq - around several different areas. One is amount of t+q exposure, type of exposure.And if you use motr of a pq compound or put it in a different place, we would t+n probably design a different test.That's a general ny toxicological axiom. t+sj 0: Let's focus on ingredients for a moment. pq What type of tests would be done on ingrediema? Ru A: In general terms, if you had flavors, which as sm I said earlier, are aromatics and therefore probably rm not burned.We would look at the smoke chemistry of tx1 the product with and without that flavor system on tm there. We would probably look at a general toxicity 1Robrrt L Suber, P»., November 20,1997 . . P.p.,02 1n test illte an Ames test.lf h wu something Inore ': . pl substantial and it was burned and them were higher Pp levels of the appiiation such as a sugar or µt something, we would probably go into animal testing ty being inhalation test and probably skin painting tq test. m 0: The smoke chemistry test that you ty referred to, what S that? py A: You put an ingredient or component on the nol tobacco versus one that did not have it.You would nn then smoke the cigarette - usually under FTC nA conditions. Collect the condensate.You could look uq at the vapor phase smoke components and look at those nq that have been the condensate.And look at the na chemitxls-the smoke chemicals that were thete and nn compare it back to the product without it to see if I+n there were significant changes in the chemistry. n4 0: When would you do iahalation teats on nn ingredients? pq A: Inhalation tests, for a to:icologiu would P+I probably require substantial use of a material. For m eatample, if we used a new type sugar, we would ;m Probably conduct an inhalation [est. Sugars are used te.t on tobacco products at relatkely high levels versus t+q the flavorings. So we could use mote extensive Papa 103 c n1 testing. sa 0: Do you recall specific compounds that you tm did inhamtion tests on since 1984? th A: We would have done inhalation tests on the " ta carbon dioxide expanded tobacco.We would be looking tn at propane expanded tobacco.Webe done high m fruaose corn syrup as a sugar replacement. pt I think we've done an inhalation study-I know I tu published one on propylene glycol. Welve done some noq tests on other products like Premier and Eclipse, n U those types of things. nai 0: Did you do intulation tests on diammonlum 1131 phosphate? nal A: We did conduct a test on the sheets-tobatx:o nq sheets, reconstituted sheets that contain diammonittm nn phosphate.And we did-aa I said earlier,we did un smoke inhalation or smoke chemistry tests, I+n genotoadcity tests.That'a sheets used on almost all nq products that are relatively high levels used in pot cigarcnes. So we would have done inhalation testa, Rv and we did a skin painting test. tta 0: And did you do similar tests for atnmonia? Rsl MS. FORBES:Objection to the form. s a) A: We wea getting out of the ammoaia as a used tn7 material.And so no, we didn't do it on ammonia, per N J 0 ~ ~ ~ w w jWAGA & SPINEiiI (973) 992-4111 Min•IIuseripito (29) Page 100 • Page 103
Page 28: nui31d00
Robert L Stsbee, Ph.D., INovembet 20, 7997 P.pe 128 nl yes.I would have asked for inhalation studies, and 1 al would have alao asked for skin painting rtttdies.I t+i just-there's so many projects that come across my iq deslc, I don't remember if 1 asiced for thu one on pq that product or not. q 0: And you don't ltnow at what levels it's iq used today? A MS. FORBES: Objection to the foem iq THE WITNESS: I would have to go look if pq it's even used, ia I answered earlier. I don't know. r+1 If it's used today, it would be very, very sma11 t+m levels and not something that I would considerto be pq a heahh questbn.I just don4lrnowt iul 0: If it was used, h wouW be roed for a nq flavOt4 nq Ac k wrould be used in a flavoring systeta k's nn not one of the large use compounds you talked about pq arlier when you mentioned asings and humectants and nq trying - we were defining those things. pq 0: And when you say it's in the flavor snl system, ate you stating that it has nothing to do pz with attempting to aher or modify the nicotine yield Rsl or deliveries of the cigarette? Ry MS. FORBES: Objection to the form. pq A: Wbat I'm saying is it's-if it's in flavor Papa tYa rl systems today, it would be in very low levels.And w therefore that level would not be high enough to tn affect any - anything on nicotine.I know it's a µl lot lower than the levels we ever tested years past al in an R 8 D setting, if it's there at all.And if I lq wasn't concerned with that level, anything below that m was not an Issue. A 0: And it's your testimony that whether it's pi an additive, a top dressing, a flavotant, nothing is nq utilized in the Reynolds process that has the purpose n+l or effect of changing nicotine yields? na A: I think what my testimony aas-that the nn levulinic acid we did, did not change those yields. n4l 0: I'm beyond that. I'm asking you if there nq is anything that you're aware of that's used as a nq flavorant, an additive, an ingredient, a proeessing nrl aid that is used for the purpose or effect of nq modifying nicotine yields? nq A: Yes. We use a compound ealled porassium aq arbonate. k's used in the Eclipse product which R,1 doesn't burn tobacco.And it-by using it, it Ral allows pyridines and pynrines and nicotine and other im volatile tobacco materials to be released from the RMl tobacco eaaief. Rq 0: Any other flavorants, addidva or P7iiTIIIS SMALL v. IARIISdRD TOBACCO COMPANY, et aL, Papa 130 ni ingredients? R1 A: No.That's the only one. ' iq 0: So the only flavonmt, addidve or Nl ingredient that Reynolds employs:tdmodify nicotine tq yields in any of its dgateaes is potesdum '" m catbotnte for Ptlipse? Fi A: To my kno.vkdge, of Joaidng at all the data - tq that I've looked at over the yan,that is the only : iq one. . . .. . . . . .. . .. , ., pq 0: And why is potassium carbonate used to ml inasase the release of nicotine in Eclipse? pq MS. FORBES: Objection to the fotm nq A: All I an give you Is my opinion, mytheory. °• IM k albws the nicotine to be taken-rnCVed out of . . pq the cellular structure in the cell walls and moved to pq the surface of the tobacco. So when the glycerol and t+n water vapor come down that stram, it's absotbed into pq the glyceml and water vapor and pasaea on into the nq smoke. pq 0: So it imptova the nicotine tnnsfer Rtl efficiency insofar as Eclipse is concerned? Rai MS. FORBES: Objection to the form. om A: k's used - it gets a lot of things out of the p.i tobacco. Nicotine is one of them.I aiao said pq pysriaes and pyridiaes which are flavor materials Fage 131 nl that are naturally present In cured tobacco. m 0: Are there any other compounds that have a pl simiiar effect? in A: Not - not to my knowledge. iq 0: Is potassium carbonate used in the lsl manufacturing process at Reynolds for any other m cigarettes? pl A: It was used for Winston Select at a much lower pl level than jt was used in Eelipse.When you looked ny at the smoke nicotine numbers of the EW product,as nn you called it,you did awt see any difference in the nn smoke nicotine numbers when it was used beause.as I j,n said, it was used at a much lower level than h is nil used in Eclipse. pq 0: And wby was it used it in Wittston Select? pq A: The people developing the product said it gave nti a burley taste to the eigarette.And as you said nq earlier when we discussed the issue,thatptoduct has i,q no nitrogen tobaccos which means It has to have very pq little burley in k because burley's high in R+i nitmgen. So it gives a burley taste to the pA cigarette without using burley tobacco. wi 0: Any other products where potassium pa) carbonate is used? pq A: Not to my knowledge. I D Page 128 • Page 131 (36) Min•U-Seripbf WAGA A SPIIVBIiI (973) 99Z-'L111
Page 29: nui31d00
PiiYiliS SMALL V. ; ypgtr t.an TOBACCO COMPANY, et a1, qy.204 n/ I mean it probably has the area of a tennis court. sq If you ksok at it volume-tWse, it's probabty 30 to 40 pl gauons.That's such a large area, any nicotine that 141 gets in tbe lung is ptobably going to be absorbed m immediately. In fact, I think some of our critics tq have Wd that 95 petcem of the nicotine ptssemed m to the smoker ja absorbed immediately. tq 0: What do you man itnmediately? In the p1 firat few puffs? Pq A: No, I manwhatevasmoke-whichever- nil whatever nicotine was in the smoke that reached the t+a: lung or the alveoli was inatantly absorbed. t,ai 0: Do you know what free nkwdne lsW lµl A: Honestly I do not. Enough people have talked pq about it and talked about h.I'm unsure what it is. nn I an define what 1 would all it. un 0: What would you all it? Pn A: From my view as a m>fcologtat and pq pharrnacologlst, free nicotine would be nicotine which pq is oot bound to anything and not chatged.In other R+l words, have a neutral charge.Things which are free pzr like that and not chatged, I'd considu-uae that p terminology. Sort of sloppy terminology, but I think pal that's what I would look at it as. psl 0: Do you know if the use of ammonia on Pap.205 Papa 2t7 m burley orfluecured tobacco had anything to do with Iii in the aalt? t w efforts to unbound or free nicotine? iq A: I'm going to go back to - m A: Are we discuasing- pl MS. FORBES: Objection to fotmm pl MS. FORBES: Objection to the form. pl A: - to what I said earlier.The only ruson m A: Are we discussing the KDN process? N that I know we used ammonia there was to take * 0: We're discussing-that's a good m nicotine out, not to change forms. My expert opinion / in question. pl A: I need a clearer definition of your question as pl to what we're discussing& t,q 0: Do you use gaseous ammonia for the t„l treatment of burley tobacco? t,A MS. FORBES: Objection.Asked and ns answered. n.l A: We at one time did use gaseous ammonia to trat ps1 burley tobacco.As I said, to my knowledge what we tiq used that for was to take some nicotine out of the prl burley tobacco because of the yartoyear {,q fluctuations in that burley tobacco. t+q 0: And do you know if the effect of the pol ammonia treatment on that burley tobacco was to pq unbind or free up the nicotine? pA A: To the best of my knowledge and recollection. tm there was not one of our thoughts.And until the Rq immediate questions have come up in the past year or pm two, I probably wouldn't have thought about tbat. Robert L Suber, Ph.D November 20,199: Pp. 206 nl Q: Well, hoav doa the ammonia reduce the pl nicotine? pl A: It simply aolubigza the nicotine and the - tq we then took that water and ammonia and nicotine pl combination and put it io dtums and disposed of it. * We were really after the tobacco having a consistent ia level of nicodne,that burley tobacco having a si consinem level of nicotine, so we could keep our M blends consistent. na 0: And the tratment of that budey tobacco pil wkh ammonia had nothing to do with the concept that na you just talked about in terms of bound versus na unbound nicotine? tul A: Never to my knowledge was that ever a concept. nq 0: Vvhen nicotine is In burley tobaceo, la h t,sl bound to something? ttn A: I would expect k'a bound in some sah form un Nicotine is volatile.lf h's not boun4 it's going t,q to volatilize og. If you put a pge of nicodne - py a pile of tobacco in the middle of this table and p+l smelled it, nicotine comes off just as it's sitting Ra1 on the table. So you will smell it just shting here p>t in this toom. Rq Q: Does the ammonia that was used to trat pq the burley tobacco affect the form the nicotine is in m as a toxicologist is it would have been absorbed ui inuned'utely regardless of the form. Whether it was a sn particulate matter or whether it was in a volatile t,y phase, that would not have mattered. it's instantly till absorbed whenever it's presented to the - to the uai lung. Nicotine is even absorbed through the akfo - pn readily through the skin. 1,q 0: Have you ever smoked? iuq A: As a kid, i probably did. I don't remember an t+q instam except with a cigar that my brother and I I+n made. tup 0: As a kid? You mean you baven't smoked I+n since you were 18? pol A: Not to my knowledge, I haven't. p9 0: Are you familiar with the FDA'a pa definition of a drug1l R A: No, I can't redte it hets. Rq 0: Is the concept "having the purpose or tm effect of altering the structure of the hunnn body" WAGA & SPINELII (973) 992•4111 Min-U-Scripie (55) Page 204 - Page 20'
Page 30: nui31d00
PHiYI.I.IS SMALL 9. Robert L 9uber, Ph.D. LORIISARD TOBACCO COhipANY, et atL, November 20,1997 Pap. Iao hI 0: What are some of the other compounds you pi would typically look at - - pi MS. FORBES: Objecabn to form. H! 0: -when you do your smoke chemistry IA battery? tq A: 'Iypially.wheneYer we looked at fmnke m ehemisay. we would look at fortmldehyde, tq acenldebyde, acrolein, acetone, auol, phenol. pi hydrocordone, hydrogen cyanide, sometimes nq benzo[alpyrine, sometimes nitrosamines, arbon m1 tnonoxide, smoke nicotine, smoke tar. nA 0: Wbat do a11 those-what do thoae lasl compounds have in eotnmon? Iul MS. FORBES: Objection to form. oq A: I don't know that they have - I dont n9 understand the question of being in common. p7l 0: You do a smoke chemistry battery test on no) eigatettes. correct? oq A: Correct. pat 0: And you analyze what constituents are in p+l the cigarettes? im A: We analyze the constituents-we analyze the Im constituents of the smoke when the cigarette burns. Pq 0: Right.And you do this just for new pq products? Or do you do this for any product that P.p. 182 pl our competitors. So I know it's done for that. Rl 0: The reason I've asked is because ptevious Isi Reynolds employees have testified that they did not rt do it on every brand they r!old, oniy when a new • design was int:oduced. Ml A: (Indicadng) m MS. FORBES: What's your question.t tq 0: I'm askiog you.Is that something you're pl famlliarwhh.s d9 A: I don't know if they did that before I ame or n,l not.l really don't.You asked if I had seen smoke ua ehemisay, and I said yes. I had seen the analyses 08 done, but I don't know the criteria that were nq established to do the smoke chemistries before I l+8 ame. uq 0: And why did you selea these - you I+rl listed like twelve compounds that you looked at in np the smoke chemistry battery.Why did you select hoi those twelve to look at when you do smoke chemistry Pa tests? piq A: I ptobably didn't name them aS.l think there ;m is atound 20 or 25, and I'd have to go pull all of ml that information bacJc.I, aa a toxdcologist, l have la,l a chemistry background. Of course, youYe tnined in t:q chemistry as you go through graduate school and Papa 181 pi Reynolds is marketing9 In A: We would do it for any product before we pl marketed the product. pl 0: So if Reynolds came out with a new btattd al of cigarettes that just had a different blend of M tobaccos, you'd run th ese chemistry tests? m A: Yes, pi 0: How long has Reynolds been doing these pi chemistry tests on the cigarettes it manuhctures? ry A: We do that on the cigarettes that we design or t++l manufactute - or no.'Manufaatue" is a bad - is t+xt not the right term here.Wben brand developers come lwi up with the idea of what they want to put together to lul make a new cigarette or a change in cigarette is when pq we tend to do these more extensive tetas. I+A 0: Do you know if Reynolds was doing those pn tests before 1984? nq A: I don't know-I assume they were because the pq methods were already in place when I came in 1984, so aol they had the methodology to do it. Papa 10.7 ul undergnduate. So I knew what compounds to ask for m because you know what happens when you burn organic pi materials.You know what sort of compounds come up. pl According to the chemists in the building who m had done a lot of wotk in the atea before I ame, m these compounds were representative of the different m classes of compounds that would be in cigarette smoke m or the compounds which were most often found in Ig cigarette smoke.And therefore were the ones tnost I+ol likely to tell me if there were any significant n+l differences between products. oa 0: These 20 to 25 compounds that you vsl routinely test for, do they have anything in common un in terms of alleged biologic activity or adverse nsl health consequences? uq MS. FORBES: Objection to the form. n?i A: If you look in the literature, many of those un compounds have t.epons of biologic activity. nq 0: And why do you seiea nicotine as one of au the substances you measure in your routine battery of R+I 0: Do you know if they were? a+) chemical analysis? Pq A: I saw some smoke chemistries, digerent rm A: It comes out with all the othets.I'm just Ln Rn ptototypes, that were done before I came. So I know wi saying on the check list, it's just one that comes ~ wn they were a0ed for by someone And I had seen pq out on the list of 20 to 25 1 an te11 from that if . . m pm competitive smoke analyses from different btands of pat the product's buraing difterently.lf the smoke ~ m LD ~ w WAGA dc SPINII31 (973) 992-4111 btin-v-Sceipee (49) Page 180 • Page 18
Page 31: nui31d00
Robert L Subec, Ph.D., PH173IS §MAIS. v. Novombar 20,1997 LORIII,ARD TOBACCO COWANY, a aL, Papa 152 m A: No, not to my kaowledge did we ever do such a pl aleulatlon p 0: Did Reynolds look at bow the nicotine was q metabolized in the body as it compared to a sundard A eigarette? A A: Yes,we looh at the wmparison ofthe m metabolism. It was a question that I asked when we sq looked at the ptoduct. By looking at the design of pq premier, it was different form conventional na cigarettes. So logically I asked the quealoawill n9 people handle nicotine differently? So we d!d a bal pharmacokinedc ptoNe. bs 0: What's a pharmacokinedc pto8le? p.l A: A pharmacokinetic pto9le is when you look at a pq compound as to how - how 8's metabolized, how long psl h stays in the body. What the level is, let's say t,tl after smoking, an hour after smoking, two hours, nq three hours. Does the body metabolize ft? Eliminate na it the sanu way as it does a comparative ptoduct.s pq 0: Had you done any wotk, similar work on Rv nicotine before Premier? pa A: Not to my memory We have not done such wotk wl on other products prior to that. p+l 0: And how about subsequent to that? pq A: Yes. We've loolced at blood nicotine on sevaal Pap.167 m type produets when the question has arisen of what pl needs to be evaluated. pl 0: What products? tn A: The products that come to mind quickly are the tA EW project you mentioned earlier with Winston Select. st1 And we've done the same sort of thing with the m Eclipse products that we're currently marketing. pq 0: Where is the nicotLte in Eelipse? pl A: In the tobacco. pq 0: What type of tobacco? pq A: Again, ic's similar to Premier except h did na not have the npsule.There are a few differences In pa Premier. It has tobacco in the heat source, so some na of that tobacco butsu.It has tobacco as a sheet pq wrap within the insulating jacYet.Beause people nq want more tobacco taste upon lighting S. ryn And it has two types of reconstituted sheet un between the filter and the heat source.And I don't psi remember the specifics of how much of which blend is pq in those two. I would have to look in my Bles. R+1 0: Is there expanded tobacco in Eclipse? pxl A: To the best of my metnory, it's only sheet- pn it's sheet tobacco. It's burley, oriental and pq fluetured tobaccos that were made into sheets. pq 0: Is thete diammonium phosphate in Eclipse? P.o. ~w m A: Yes.We use dammodum phosphate !n oae pl bation in Ecttpse to retard the buta ate so the w heat source doesn't bura the tobaeco. in 0: Is thets diamtnonium phosplute used in the Iq reconstituted sheets that's used in Eclipse? lo A: Only in that one sheet I described right behind m the bat source.Theto is some diammonium phosphate se so that the heat source doesn't cause the tobacco to sq ignite and burn. nal 0: Is there ammonia in the reconstituted Inl sheet that's used in Eclipse? i+p A: As I-we don't use ammonia. We only use nal diammonium phosphate now.And that diammonium 1141 phosphate is in that one sheet right behind the bat i,y source at a level to retard that from burning. nq 0: When was Eclipse developed? nrl A: We worked on it, even after Premier was i,q withdrawn from the market, we just continued to work. pq And we got h to a point that we were atis6ed with pq the development of R, with the changes we had made a+l from the Premier days.And i[ was put on the market, tta I thinlc, two years ago ttow. In Chattanooga. pn 0: And you sdll-you stW used amtnonia .. R41 ln 1994, dldn't yous pal A: 1 would have to go look h up.Aa I aid, I Pap.155 pl think we used ammonia in the eqrly nineties, but I pl don't really remember when we changed. pl 0: What's the primary distinction between _ M Eclipse and Premier? tA A: It's - has a different configuration, I mean pq has different components.The heat source is a m little different formulation.There is tobacco in pl it.Thete wasn't with Ptemier.There's the andwich m paper wap and insulator which is different in py Eclipse. Premier didn't have it, to my memory. i+,l Premier had a capsule and cut filler hzl surrounding it as tobacco. Eclipse has two different j+al types of reconstituted sheet. If my memory serves me hq right, I think Premier had a polypropylene filter and psi Eclipse has a cellulose acetate Shec nat 0: Does Eclipse have any similar aluminum nn beads with spray on h] I+q A: No.As I aid, the beads were within the nn apsule. And as 1 said earlier, that was only in pq Premier and that design was not taken forward with t:+t Ecllpse. pal 0: Where does Eciipse stand in terrm of am market shares for Reynolds? rxl A: I don't know. We're test marketing in three psl araa. Ln J m D Page 152 • Page 155 (42) Min•U-Saipt® WAGA & SPPIEIIS (973) 992-4111
Page 32: nui31d00
Robest L Suber, Ph.D., November 20,1997 Pa9• `192 / m A: I briefed him on technical issues that were my pl reapomibiliq: Smoking and health issues, use of pl ingredients, how we designed products or evaluated pl those to be sure that they were acCtptable. A 0: Did you brief him on nicoriae? tfl Ac I don't remember any briefing I would have pl gken him explicitly on nieodne.I just don't Iq rememberany. • 0: Do you retall any discusslon whhin nq Reynolds that scientists within Reynolds e:pteased n+l concern that the lawyers were pmhibidng them fmm nq conducting certain tests on iagredlenu? ntB A: I've never heard that and @'s not been my t,.l experience. nq 0: Have you ever seen any memos that would nq suggest that lawyers suppressed efforts to test nn ingtediems or additives? nq A: Yes, I have seen a letter on that. nol 0: What lener? pq A: To the best of my memory it was a leeter Rn Dr.Ales Spears wrote to Dr. WaOy Hayes. pA 0: And what did i[ say? psl A: I don't remember all the details, but something pn to the effect that Dr. Spears expressed some pq frustration of wanting to do biologicakype teas. Papa 193 nl And I think he waa trying to determine if we were ol going to do it, which I bad assured Alex that was one pl reason that I nme.And I fully expected to do µl biological tests for my evaluations. Otherwise, my w expertise would not be needed. Iq 0: Did you talk to Dr. Hayes about this m letter? pl A: As I remember, Dr. Hayes showed me the letter. ryl It was written to Dr. Hayes. nA 0: When did he show it to you) nn A: I don't remember the time fnme.Just don't- nq I don't know the dates or times. n8 0: Eighties? Nineties? M A: It would have been the eighties.To the best nq of my recollection, h would have been shortly after pq we came bere.The first two or three years probably. nn 0: And what did Dr. Hayes say about the nq leaer, ff anything? nq MS. FORBES: Objection to the form, pa1 A: Wally - Dr. Hiyes asked if I knew what Ale: R,1 was talking about. I told him Alex had talked to me pm about h. He had expressed some fruttntion that pq industry did not sometimes cooperate to do p4I toxicological tests on compounds that all companies Psl used.That's my recollection of h. PIiYISIS SMAI]. V. LORtrJARn'POSACOO COMPANY, Ct til , Pap.19r nl 0: WeO, whets was Mr. Spats employed at " ta this time? pl A:LotillardTobaceoCompany.B'sDr.Spears. p1 0: Dr. Speta. Do you know why Dr. Spars ' R was writing to Hayes concerning his frustrations? A ' MS. FORBES: Objection. ' m A: As I stated earlier fmm coamtsadons that I m remember with Alex, he wanted to determine If we were ^ going to do such research.And he really wanted to nq do the same sort of research.And I think he was nn looking for co0eaguea who would - maybe we eould hsl get together and jointly fund some research that was nq animal testing. nq 0: Had he-had he expressed ttuttradon I,q that his employer had been reluctant to do such nq testing? prl MS. FORBES: Objection. I,y 'A: I don't remember him expttasing that for his nq own company nol 0: Who was he saying had been reluctant to Rq engage in such testingT pq A:Ithink- tap MS. FORBES: Objection. pq A: To the best of my memory It was a generality. pq It was no one expliehly.There were eompany- Pap. t9s nl other companies who don't belitve in animal testing pl just as today there are pharm-excuse me - pq cosmetic companies who don't believe init.They had µl expressed the same things.They didn't believe in pq aninnl testing and did not want to do it. pq 0: Well, did Dr. Spears mention any m particular companies? 91 A: No, he didn't mention any particular ones that Iq I remembee nq 0: Did he mention the involvement of lawyers n,l in the decision? nq MS. FORBES: Objection, mischaraaerizes. I,sl MR. MAISTROS: I haven't mischar.cterized I+y any. I'm asking a question. nq MS. FORBES: Same objection, nq mischaracterlaea. ntl MR. MAISTROS: What does it t,q mischaracterize, Marilyn? I know yoube seen the nq letter,but how would you know It mischataaeriaes Pq itV pij MS. FORBES: Mischataetetizes his in testimony. pq MR. MAISTROS: I didn't refer to any n tbl prior testimony. I asked a question. J pg MS. FORBES: Objeerion, mischanczerizes. ~ o J ID Ln 0~ Page 192 • Page 195 (52) Min-U-ScripbD WAW & SPINELLI (973) 992-4111
Page 33: nui31d00
Sobest L. Suber, Ph.D., Novembet 20,1997 PI3SZLlS SMAIJ, v. . LOR*_*1_•4n YOBACC;O CO1tfpANY, e.t a1., Pays 104 Papr. 70a nl se.We did juu the diammonlum phosphate beouse l+i A:1 don't temember. m that was the compound we switched to.8 was easier pq 0: Have they ttsed it in the nineties? pq to use than the gaseous ammonia. pl A: My guess is we would have tned it up-yes,to MI 0: Was there aqueous almmonla? M the early ninedes.T7tat9 my estimatfon, but I have pl MS. FORBES: Objection to form. m m go look h up.l donY knoar actuaily. q A:1 don't - aqueous ammonia being - p 0: Did i[ serve the aame purpose as DAP? m 0: Is that a compound Reynolds has used? RI MS. FORBES: Objection to the form. pq A: Aqueous ammonia doesn't truly east.You71 A THE WITNESS: In my view, yes.lt waa r, have to -is it ammonium hyamxide that ia in P, smetrhangeable.When asked why we used gaseous pq aqueous form? a+t 0: What different types of ammonia-related nai compounds has Reynolds employed in the manufaeturing na process? pq A: We use gaaeous ammonia. We `ve used - we use nA diaaunonium phosphate today I4I think,two of 16 pq reconstituted sheeta so h's aot in very tttany of t+>I them.And in those same abeets that we use vn diammoniumphosphate,welausedammoniumhydro:ide pq as a processing agent. py 0: Have you done inhalation tests on a+l ammonium hydroxide? trq A: No.Ammonium hydroxide is used as a processing pq agent Just in very mini.scule levels.And it's only P.t used, as I mentioned earlier, when you make a Nurry Rn of tobacco and you made a reconstituted aheet,then Pap c OB m the water that's left has tobacco solids in k.And Pt we put ammonitun hydroxide In that slurry or that m liquid to keep the solids suspended so they don't P1 just sort of fall out to the bottom and you can apny p; all that bacJc on the sheet evenly. p 0:Isthis- m A: It's a tniniscule pornon.lt would be, in my pt view, probably a part per million cstegory, just - tn almost nothing. nsl 0: Ia thia used in both the paper proeeas n+l and the jetio mold process that you desrlibed? nxt MS. FORBES: Objection to the fotm nsp A: You can use diammonium phosphate in the caat o4l sheet process, HthaPs what your question. pq 0: No, anuronium hydroxide. n9 A: Ammoniumhydroxide?Amrrwniumbydroxide would t+n be used on any of the sheets that also used rsl diammonitunphosphate.Anunoniumhydroxidewouldnot on be necessary for that function in a cast sheet pq because you don't have to worry about the solid R+l staying in the solution to be sprayed back oa im Because all of that stays within the, quote, "jello am mold" that I gave you u an example. pq 0: And when did Reynolds stop using gaseous ¢d ammonia? i+a ammonia before, It was because hlstoritilly this uu company used h. People felt comfortable using !tL l+q And I'd argued for years before to switch to a form nn that was easier to handle from an employee t+9 perspective. pq 0: Any of the tests that you did on pq diamimnium phosphate, gaseous ammonia or ammonhmt t+n hydroside, did any of those yield any test results t+n that resulted in changing the manner in which those i+y chemieals were used by Aeynolda? poj MS. FORBES: Objection to the fotm, o+t A: No, when we tested those materials, we found tal really no significant biological effects or chemical Wl effects when !t's used in tobacco sheet.And in my R•l view, it was used in the tobacco sheet from a taste pq perspective, a flavoring. Papa 107 tn 0: Was h used as a fiavotam or was 8 used ot as a processing aid? pl MS. FORBES: Objection to form. M A: My opinion is that diammonium phosphate is a !q flavoring. It reacts with the endogenous sugara m already found in tobacco to form reaction flavors m that people like. m Not unlike reaction fiavors that occur on m roasted nuts.You get a reaction flavor whenever you Im roast coffee, the same son of reaction materials. pq 0: Md did you do a litetature review h2l internaUy at Reynolds to determine if any pciot nsl testingshadbeendoneongaseousammonia,diammonium n~l phosphate or amnwnlum hydroxide? I+q MS. FORBES: Objection to form.You may pq answer. t+n A: We would have looked, historically, at the data t+a that were in the company as well as published outside un the company on what these things were used for, tn anything we could get our hands on. How they wete R+t used, what the function was, what the results of the rat testing were. I just don't rqmember if there were p any particular ones at the moment. P•l 0: And you don't recall seeing any that pq raised any concerns in your mind about the use of i Page 104 - Page 107 (30) Min U•scripts WAGA & SplNgr r• (973) 992-4111
Page 34: nui31d00
Robert L Snber, Ph.D., Narormber 20,1997 Pap.2s2 m 0: Do you reall soeing this toemoratWum w bdore? pq A: There are a lot of inemoa that cross my desk and P1 I eaat say I remember this one aplidtly. it MS. FORBES: And Dr. Subez, as iq Mr. Maiauos wouki tell you, you att: entitled to take pi time m look at the documents. pq THE WITNESS: Yeah, I will look at the Iq documem.I see I'm copied on h.I don'[ aee any nq notation in the corner that ame fmm my file that nn maybe I a0asceterenced h.But I'd like to look at aq it for a minute and see if I remember anything about nq this. nq 0: By the way, befots you do ao - if you nq can go back to Exhibit 3. Does that appear to be a nq true and accurate copy of a memo that was provided to n+l you on or about January 9th,1987T nq MS. FORBES: Objection to the form. nq A: It looks like the fotm.It looks like aomeone poi signed for ScottAppieton and it looks like my Rll handwriting. RA 0: And it would have been kept in the Rq ordinary course of business by you while you were wl employed by Reynolds? Rq A: Yes, it woutd have been kept in the ordinary . Papa 233 w course of business by me. sp 0: I'm sorry. Do you wam m look at It Ezbibit 4? tn A: Yes.Just to see if anything rings a bell. Iq (WITNESS REVIEWS DOCUMENT.) Iq THE WITNESS: Okay. m BY MR. MAISTROS: sa 0: Do you recall receiving this memotandum, Pi A: No, but I'm familiar with Dr. Dooilttle's nm philosophy and it's consistent with that. nq 0: At this point in time, Dr. Doolittle's oq position was manager of Celiular- nq A: According to the chan that you gave me nq earlier, he would have been manager of Cellular and nq Molecular Biology. nq 0: Ali right.And Gary Butger would have nri been what? nq A: He would have been director ofToxlcology nq Research was his title when, I think, be worked for pq Dr. Hayes. Rn 0: Having reviewed this memorandum, does it pm appear to be a true and accurate - RA A: Excuse me. I need to step back a moment If R•i Dr. Doolittle wrote this memo to Gary, it's unlikely Rq he was manager of this section. I'm thinking here in pHYLIIS SMAIIL v. I,ORIIJARD TOSACOO COMPATIy, et aL, . . . . . . ;. Pap.2a4 tn time and space. Rl Dr. DooliWe worked for Dr. Bueger for a p: whOe.In fact, Dr.Butger hired him here. So I:. . Ml $nd it unlikely that this otgaairational chart is . Iq consistent with the - Dr. Doolitde wtidng this to - iq Dr.Bueger. m O:Okayy. w A: I think this would have been before Dr. In Doolittle was made manager of Ce11u1u and Molecular • luq Biology. n+1 0: AB rigbt. Having reviewed this i+A memotandutn, does it appear to be a true and accurate nq copy of a memorandum kept in the ordinary cotuse of nal business by yoas nq MS. FORBES: Objection. He testified he nq doesn't recall receiving this memo.You tmy answer nn if you can. nq A: I don't reaU recehdng it.Aa I pid nq earlier, I find the memo - the ideas in the memo Ra conaistem with Dr. Little's - Doolhtk's R,i phibsophy and the things he's tatlced to me about tea ovu the yean. - Rq 0: Do there appear to be any pages missing w1 from this memo? Rq A: I ein't tell that, but fmm nnding h, it Papa 235 n) seems to flow fairly consistenHyao I have to assume it that all the pages are there. ._ tn 0: Was there anytlting in this memo as you Hi read h that you disagreed with? it MS. FORBES: Objection, avefimad. sa A: Yeah, l w3s going to - what pasts of it? 3 m Thete's a lot of information here.There are bits P" and pieces I could pick out that I'd probably - it disagree with.There ate bits and pieces I could noi pick out that I agree whh.You bave to - you need mi to focus me on any particular areas or pages or (Ial paragraphs. nq 0: Okay.Couldyougotopage-the iu) second4o-lastpaget oq A: Okay. nq 0: Dr. Doolhtle states underneath patt four nrl towards the bottomt nq A: Okay. nq 0: The ultimate product which IURT deiiven Rq toits- R+i A: Hold on. Hclp me with the line. Okay. Second Ra -. RA ~ MS. FORBES: Second line . ~ aai . 0: 'The ultimate product which 1f.TRT delivers ~ Rq to its consumers is tobacco smoke which is a m , ~ Page 232 - Page 235 (62) Min•U•Seriptm WAGA & SpVM,I.I (973) 992-4111
Page 35: nui31d00
Lawyer's Notes m ~ ~
Page 36: nui31d00
...... V. LOttn * Ann'I'OIiACCA C011PAN>Y, et a1., . - Papa 212 ftJ Bur Y ynu ate testing otherpttrducts or other in dgarettu. you genenlly want smoken because you're tq selling the product to'amokers and you're not selliag pt it to nonsmokers. So h would, in my view, be a lq waste of resources to test it in nonsmokers. m 0: Does Reynolds have any prohibition m against using smokers to test ita clgaxaesO m A: I think I just answered the questkon, the laet Iq that we used smokers to test new products. So I oa don'[ fuily understand your ques8oa pq 0: My quesdon iso do you have a wtiaen uq prohibition with respect to allowing nonamokers to pq test and smoke Reynolds dgaceues) pq MS. FORBES:)ack, the last question you pq misspoke and you sald "smokers." I think that's what pq caused the confusion. I+rl 0: Yeah, okay. Nonsmokers. hq A: Okay. So is your queadon- or I'm taking pq your question to be the following:That we do not pq have a written policy about nonsmokers who would want p,l to smoke our produa. We have tw written lm prohibitions or we have no written document to tell pm them not to puticipate.Is that what my R•1 undetstanding isW pm 0: I'u make it simple. Do you allow non- Paye 213 lq A: Good, thank you. Because this was getting very m complicated. p) 0: Do you allow nonsmokers to test your P) cigarettes? pq A: If they want to and they-when they are <n called and they volunteer to come do this, we have no m way to judge that. I know we have looked at m sometimes when a - to give you an example. m Sometimes when a study was done to look at blood nq nicotine and we could see people didn't have very tnl much blood nicotine, we don't think they are truly tul smoken.They are either nonsmokers or else they am l+n jtut what we call "puffers" or cheek -'eheek pouch" n4l people that just sort of keep it in their mouth and nq blow it back out. pq But we do not have a written document along u-4 that line.In the positive, we try to recruit pq smokers - adult smokers - to do those studies. l+q 0: But you do not turn away nonsmokera? pq A: I have no way to tell that. It they answer R+1 affirmatively that they are smokers and they're pq willing to come do the study, I have no way to tell an them that they're not. pn 0: In the screening ptocess, do you ask them pq if they are smokers? _.....a.,,. VWH7cz-,rszJ~-- Noveimbar 20, 199 Pap.2fa ni A: Yes, iti the saseniog ptocess they are asked ff, R1 they are smokers. .. . Iq R'!S. FORBES: Asked and anawcred m A: And almost aU the quesdonnaires IWe seen, pq they ace asked not only If they're smokers, but some Iq of the studies feqtthe smokers within ceNahl tar m categories - like the lowar product or tu11-flavor pl product.Aad I'd have to look at each ofthose tq protocols to see which one required whac pq 0: Do you aak them If they have any adverse o,t health conditions? nq A: Yes.Yes, they are asked about their general nA health as we8. nn 0: Ate they asked if they have heart t+q problems? pq A: I would have to look at the questionnaire.but hzt as I remember h would have asked about heart t+q problems, cancer, gcncral heahh pnobletns. Could pq have even included colds and things of that mture. pq 0: Why do you ask those questions? pq A: Because if those people have those health t:a problems, we do not want them in the study. = 0: Why? pq A: We just do not evant-we want normal healthy pq adults to give us an opinion. We do not want to use Papa 21S ni other people. t pi 0: Does it have anything to do with the 5ttx m that smoking might complicate bean, cancer or cold w conditions? lq MS. FORBES: Objection to the form. Iq A: I would have to answer,we just want -when m you do a study, you want to control as many variables m as possible.That's Just a good scientific m directive.And so we try and cut out those sorts of t,q variables. If you were probably over 70, we'd n V probably want to cut you om, too.There wete a hA number of things we could cut you out.You could l n smoke the wrong brand, the wrong tar category.We 1141 Just have a - very focused on what we want to test. nq 0: Do you beBeve that smoking is a heahh pq risk factor with respect to certain diseases? nrl A: Yes, I do believe that stnoking is a heahh risk (+q faRor. dq 0: Which dixases? pq A: I can quote the diaeases that are given In the R+1 literature: Emphysetna, bronchitis, cattcer, tui cardiovascular disease.The epidemiological data are rom reported daily, weekly, houAy.I rcad those papers teq and joutmis as they are published. psl 0: Do you befieve there is a nusal link •WAGA A SPINELLI (973) 992-4111 Min-U-Scrip0l (57) Page 212 - Page 225
Page 37: nui31d00
IMHYI118 sMA11. V. 1,ORrr r aan TOBACCO COMPANY, et ail., p.pa ter pi A: I dont remember. m 0: Was there an Eclipse monograph pubHshedffl pl A: Yes.There was a book about twoanda-half, w three inches thick that was published and given away pl freely. We even put adverdsing If you wanted a Acopy, thea was even a teaaoff aheet. Pill in your m name, send h to us, we71 send h back to you free Isl of charge. " 0: When was that marketed? pq MS. FORBES: I'm sorry.I - pil MR. MAISTROS: Madceted.Whenwasthat baa marketed? psl MS. FORBES: When was what ntuketeds I+q MR. MAISTROS: The Eclipse monograph. ps THE WITNESS: The Eclipse book was pq available, as 1 remember, about the nme time Eclipse pn went into the marketplace. pn BY MR. MAISTROS; pn 0: Ninetyfour! pq A: I'd have to go look at datea.I don't p+l remember. But it was - it was done because we pn thought scientists and other people that asked all pa the questions about it, and so we wrote the tt.l monograph, and we gave ft out trcely. Just send us a pq postcard, and we'll send you a copy. Pap 1 e5 pi 0: Had Reynolds done that in the paat? m A: Not to my knowledge. Reynolds had -beause m Reynolds had never developed such a unique and novel Iq produa in the past. pl 0: Didn't Reynolds publish a Premier M monograph? m A: That is the Premier monograph, I thought we pi were talking about. m 0: No. My questions were for Eclipse. l oi A: Oh, I'm sotry. Excuse me. I didn't - no,we mi have written up a couple what I call synopsis of the l+al informaiion, scientific tnformation.We made 8 na available. pal I know we gave copies to the Centers for bsl Disease Control inAtlanta.I remember giving them aa copies. I gave copies to the Fulton County Health na Board. I did go to Chattanooga and give a talk to ust the haith board there and presented all those data hy and informadon. pl 0: But there was not any monograph like p+l there was for Premier? tre A: No. We have not wdtten one up like for pn Premier. No one has really called and asked for one, pq and we've not really written one.We have summaries psl that we will send out if you want them.And we make Roberr L Stt -, p-L Novembei 20,199 vap.1 ae m all of our abstracts and presentations available.If W you want one, you an write me or call me and we will p• send copies of that out. N MR. MAISTROS: I71 leave you my eard. W THE WITNESS: Bedtime readiug. :-.. pl BY MR. MAISTROS: [n 0: Did you write any of the Prender pi monograph? pi A: Yea, I did. ua 0: Which portions? r+l A: I'd have to go back and looh.I wrote, edited, pA reviewed the whole thing.Ybat was one of my nsl flmctlons as a nnnagement responsibility within the p47 group.The writing of ic was under - by the people ItR that work for me. pn 0: Were you involved in the selection of na individuals outside of Reynolds that reviewed the pq Ptemier cigareete? nq A:Yes,Iwas. pq 0: And how did you select those people? tt+l A: Basically, we took people that had good tm scientific credentials or welFknown scientific or RA very good scientific credentials, I should my, who pq we knew from attending toxicology meetings, who were prl on government committees, who wete in places of Pap 107 nt responatbility within toxiqrology societies - la toxicology and pathology, escuse me. Because there pi was a pathologist in there as well. People who were µi famtilar with testing as the information is given ' m back to the govertuaent. in 0: Did you pay these people? m A: I don't remember. pi 0: Not you. Did Reynolds pay the pi non•Reynolds people to review Premler? hoi A: The answer is the same. I don't think so.3 i+q don't remember.We had a scientific advisory board pe at the time who came In and helped us guide - or ns1 evaluated what we were doing to be sun we were on lui track and consistent in the world.I think they got nn expenses paid for that plus a minor stipend, but not i m anything of any significance. iin 0: Did attorneys review the Premier nq monognph before it was publishedr pq A: I don't know.I would imagine so as a normal pq course of business.They would not have tmde any pil changes in ft that were scientifically credible in my tzn view and experience. n pn MR. MAISTROS: I move to strike the J pq latter portion as nonresponsive. m pq 0: Where were you located when you joined 1O 3VAGA d< SPINEUI (973) 992-4111 Min•11T-Seript® (45) Page 164 - Page 167
Page 38: nui31d00
Hobert L Suber, Ph.D., Novombdr20,2997 PaPdt nl documents - in THE WITNESS: That was my reply.Tbere RI is information that's been copied and tmde atailable. µl MS. FORBES: - pH documents at R.J. q Reynolds.We have produced thousands and thousands pq and thousands of those pages to you, Mr. MaibuOs. m Please let's move on and use this witness's time 6p wisely. P1 BY MR. MAISTROS: naj 0: What did you do to prepare for ynur n+l deposhion.s na A: I read over some different files and nsi infotmation I had. ny 0: What stea+ nsl A. They were jurt files of questions about pH and na ammonia that have been copied. nn 0: Copied by Heynolds' lawyets? nn MS. FORBES: And produced to - ne THE WITNESS: To my Imowkdge - Rol MS. FORBES: -to the plaintitfs. R+1 BY MR. MAISTROS: pq 0: Do you know what's been produced to the Rsl plaintiffs. Dr. Subet? pq MS. FORBES: That's - Mr. Maisaos. Rn that's - P.p as m MR. MAISTROS: If you're going to pi testify, Marilyn, I have to ask him through you since tn you're providing the testimony. tpl MS. FORBES: Mr. Maistms, that's why I'm RI trying to help this along. * MR. MAISTROS: Don't patronize me. Have m you - do you have any ida of what documents have RI been produced? Iq MS. FORBES: And Mr. Maiatros, don't be na rude. nq BY MR. MAISTROS: n2l 0: Do you have any ida of what docutnems nii) have been produced? nq THE WITNESS: (Indicating.) No. nq MR. MAISTROS: You have to look at your pq counsel for answers to these questions? nn THE WITNESS: My question is do I answer nq this or not? nI) MS. FORBES: Wait a minute.Wait a pq minute.We'ts going to go off the record, please. R+1 MR. MAISTROS: No, we're not going o0 RA the record. If you want to make a statement, its on Rn the record, Marilyn.This is all in from of the RN court and in fmnt of the jury In NewYorlc. Rq MS. FORBES: That's terriBc.And youYe PBYLIdS SMAIZ v. )(AAn* AAn')l'OBAC.CO COlKpANY, et at, Pap 66 an not intitnidating anyone. Ih MR. MAISTROS:1'm not looking to Iq Snrimidate.I'm looking to make this ptocess easier ta by having the wimesraaswer the questions as the RI witness wants to answer them, not glanNng to you in 6a how you'd like him to atuwer it. in MS. FORBES: Mr. Maistms, no human eould M possibly name document by document what documents p have been produced because miles of documents have pq been produced. na MR. MAISTROS: That wasn't my question. nn I asked him if he had any ida what was psoduced. na That was a simple question. nul MS. FORBES: Answet it if you - nq THE WITNESS: Different pieces of pq information have been produced, to my knowledge, n7i things on pH, ammonia, different ingredients.Thafs nq my knowledge. My copies - my files have been copied ny and to my knowledge, they were ptoduced sss BY MR. MAISTROS: Rq 0: You don'tlcnow what was produced to the Rri plzindits in this aae, do you? R+1 A: I didn't review what was produced. pq 0: Thank you. psi MS. FORBES: The record will reflect the Papo 67 nl thousands of pages that were pnoduced to Mr. Msiarsos RI and his co-counsel. Let's move on, plase. tn 0: What files did you review? PI A: I just loolced at some diffett:nt data sets on sa what was in the notice about pH and ammonia and lo thinga of this natun:. m 0: You reviewed files on ammonia? sp A. Yes. pl 0: You reviewed files on p!p nA A: Yes. n+t 0: Did you review any No on nicotine? na A: In the data where the files are on ammonia and n+o pH, when you have those measurements, you have nal measurements of nicotine as well.They are all nsl within the same document. 1+m 0: What does pH and ammonia have to do with nn nicotine? nn A:I- nn MS. FORBES: Objection to the fotm. pq A. I don't know where you're try to connect the RU two. Ra 0: No, you just did. pq A. I don't know what you4e trying to connect Rn here. Would you clarify the question? pq 0: You ju+t said that in the 6ies on D Page 64 • Page 67 (20) Diia•useript® WAGA et cvnvFr *+ (973) 9924122
Page 39: nui31d00
! m combination of both vapor and ~~ particulate phsses•" W Do you agree wi7h that Dt9teIDCDtm tn A: I agree that cigarette smoke is a combination iq of vapor and particulate phases. tA 0: You don't agree that the tddrrnte product tq Reynolda delivers to lu consumers is tobacco smoke? m A: I think that's inheeently obvious that people Iq smoke to burn a product and get smoke. p 0: Do-then you agree wkh it.s nq A: Then I- yeah, I think -yeah- nv 0: So you agree wBh the whole sententt? nt7 A: 1 don't know that I agree with the word, or the ns! ultimate product which dellvees.I just agtee that Iw consumers smoke - or smoke cigarettes to get tobacco nsl smoke. I don't- you know, `uhimate` is a nsl qualifying term that I have ao reaim around.5o ntJ sorry to quibble with you, but 1 don't know his nq intent for putting "ultimate" is where I'm headed. nq And I dont want to buy imo that philosophy because pq I don't know what his intem was. Inl 0: So the only thing you disaglee with in tm the sentence is the use of the word "uldmste7 ¢e MS. FORBES: Objec[ion, mischatacterizes. pal 0: Isn't that what you just saaid& pq A: I think what I said - Pay.297 n] MS. FORBES: Objection, mischaracterizes. sq A: I think what I've said is I agtee that pi consumers smoke tobacco products to get smoke.And I 141 agree that smoke ia a combination of both particulate Iq phase and vapor phase. Iq 0: Okay. Do you agree with the nna tn sentence? "This ia a rather unique material on which pl to assess genotoxic activity, and no widely accepted Iq method for ev+luating its genotoxic potential is nq available." v a A: I don't know that I totally agree with that na conccpt.There were other-thcte were genotosidry nsl tests available to assess smoke condensate.l3e uq literature has been full of 8 for years. nq Dr. Doolittle ia a specialist in genetic toxicity and nq he would like to design his own ssays.And I think nn he said - from what my interpretation of the nq sentence would be, as another toxicologist, that he n.i sees some assays which are not as good as they could pq be. R'1 0: Do you agree with the sentence that pal follows? "7or practical reasons the majority of our Itsi genoto:dc" - I'm sotry.'For practical reasons the tx majority of our genetic toxicology studies ate nq currently done on the particulate phase only." Pap. Yae m A: At the time I would say that's what we were - ta doing, and Dr. Doolittle developed after this time. ta And today Dr. Doollttle-Dr.Doolinle has, w developed assays that deal not only with particulate Fl phase now, but vapor phase. So be has expanded the rl realm of technology to do things that we could not In have done 10 years ago or 15 yean ago or 20 years IA ago. . . . . , Iq 0: So you agtee whh that aen[encet nq A: Weil, I agree at the time - n+l MS. FORBES: Objecdon, mischuacterizes. na A: I agree at the time there were no real good nn ways to separate vapor phase and particulate phase to na my knowledge.There could be, but again I don't tufl COnsider myself an eipett in genot07titity to have . nol looked at all the assays and determine which ones nn were where. nn 0: Could you go to the second page of this nq memo? At the top of the page, Dr. DoolltHe states, pq "in my view the major rationale for a genetic sal toxicology program in product development has always pm been the concept that chemicnllylnduced heritable r+s1 damage to the genetic apparatus is an inhetently Rq undesirable totdcobgical event." Woukf you agree pq with that atatemem? Pay.2Ja n] A: Within the concept of just that staument, I in think that's - that's a good thing to do.And I tn think that's - the toxicology programs we've am up M) to assess the biologic activity of smoke and anoke' m condensate f7t within that sentence, that statement, Iq that opinion. ta 0: Around the last p3ragraph-last m sentence of that paragraph. "ihe important point is Li that minimizing genotoxic potential is an important, rq ethical objective of product development and should n+i be evaluated as one component of the toxicology PA package " Do yOU agree with that statement. hsl MS. FORBES: I'm sorry, jack. Where are n41 you? nq THE WITNESS: Very last sentence. nq MS. FORBES: Okay, thanks. ne THE WITNESS: I believe he starts on the no third from the- nq pq MS. FORBES: Okay, got it. THE WITNESS: I may quibble with a few Rq words hete, but yeah, I think that's a fa'u statement ' ~ lm to say and that s something that we do everyday. r mo BY MR. MAISTROS: J ~ pq 0: Dr. Doolittle sdll with Reynolds? ~ Pw A: Yes, he is. m _ ~ m J WAGA & SPINELLI (973) 992-4111 Min•U•Scripis (63) Page 236 - Page 239
Page 40: nui31d00
Robert L Snber, Ph.D., PHYIdIS SMALL v. Piovembei 20,1997 LORt1 *•An TOBACCO COMPANY, et atl., Papa 16 Papa 16 t» was also named the ehief of clinical pathology and tq toaicologist at the Food and Drug Administration's s9 National Center forToxkologicnl Research. q 0: I'm aorry-you wett named wbat? sq A: Chief of clinical pathology and tosicologist at Pl the Food and Drug Administration's National Center m forTo>3cologial Research. A 0; Wu that a part-time posldon, m A: No, they were both fuBtime. Univetsity pq furnished the expertise to the FDA, ao I had both pq duties. Pa 0: How bng were you an assistam professor ptq of pathology, tw A: Untit I left and ame to Reynolds In 1984. nq G: So ftom 79 to '84? nsl A: Yes. Pn 0: And how long wets you chief of clinical nn pathology and toxicology at the FDAs pa1 A: Until I left and came here in 1984.Between tsq 1979 and 1984. pq 0: How did your job duties differ between pA assistant professor of pathology and chief of ptp clinical pathology for the FDA? pq A: The tnedial school was mainly teaching gnduate Sm students in medial-medial students and graduate Pap.17 pl students, course work, helping other research tq professors with grants and proposals.The work at pl the National Center ofToxicological Research was µl using clinical pathology measures to assess the Pl toxicity of the different chemicals under test by the Pl FDA in animal models as well as monitoring people who m may be exposed to some of these chemicals. tn 0: And this was an eight-hour day?A pi twelve-hour day job or what' pq A: It was supposedly an eight-hour day. pq 0: So you divided your eight-hour day na between the medial school and FDA.s nsl A: Well, for insnnce, I may spend Tuesday morning hq and Thursday morning at the medical school teaching, ne and the other time at the National Center for nq Toxicological Research doing work.The next week, it lui may be just the opposite. nq 0: What courses did you teach? bsl A: Gave lectures in the different areas of pq pharmacology and pathology, clinical pathology R+1 particularly. Changes in organ function and what itn measures you would take to determine the organ P function in a patient. pq 0: Do you recall what pharmacology textbook pq you used? t+l A: I don't, but it would probably have been the tn Goodman and Gihmn's book. pl 0: And in clinical pathology, do you ttse a t•1 course book? • A: It would pmbably have beenTietz's book in Pl clinial chemistry. pl 0: How do you spell that? tp A: Titt-z'a.A textbook of clinical chemistry. pl 0: During the course of teaching either tml pharmacology or clinical pathology, did you ever t„1 touch upon the subject of cigarcne smoking or t,q nicotine? t,al A: No, not to my knowledge. hv 0: How about in your work with FDA? Did you I+il ever have the oppottunity to do any work related to t+q cigarette smoking or nicotine? ttt7 A: No. t,p 0: Or any of the ingrcdicnts in cigarettea? pq A: None at the time that I would have related to pq cigarettes and none that I can remember now and t:a relate it back.We tested a serics of things being pal pesticides, industrial chemicals, food additives. rr.l And I would just have to go back and look through all R41 that, but nothing comes to mind. pq 0: Do you know what a BAP is? Pap6 19 nl A: Yes.l assume iPs the - PLhu you're using is rn an acronym for benzo(a)p}Tene. rn 0: Right. Did you ever do dny testing on - Hl that in your work with the FDA) m A: Not to my knowledge. Iq 0: How about phenols? Di1' you ever do any m work with phenols, gencnlly? With the FDA? Ip A: Again, not to my knowtrdge.l haven't gone Pl back and reviewed all the chcacals that we looked at l+q at NCI'R pq 0: How did the FDA detetmine - or did they t,zl have a rating to determinc if an additive was safe ha) for human use? iul A: What we did was condua the toxicologial test nil at NCTR, provide our input to the people in t+sl Washington.And there were corc,minces who would sit t n around and decide whether or not the compound would nn be allowed or not allowed. ChUrlists were involved in i+sl these conunittees,toxicologists, pq 0: Was there a name for that list of allowed p,l ehemials or compounds? pp A: No.They are compounds ttat show up In the Ral Code of Fedetal Regulations that the FDA permits. gal 0: Is there a general name for that liad fesl A: Not that I know of.It's when petitions an Page 16 - Page 19 (8) Mia-U-Scrtptm WAGA & SPINELII (973) 992-4111
Page 41: nui31d00
. . rlovember 20,1997 Paps 224 m A: Aa f inendoned eadier, ff I wamed say soft of te study done or eonducted, I would ask these other p people to do it. For eammple, I did not have µl laboramties.lf I wanted an animal skin paindcg R study done or a rodent skin paindng.I'd have Iq Dr. Mosberg do h. I[ I wanted an anlmal iohalation m study done, I would have asked for Dr.Ooggins in lq Inhalatbn to do k. In 0: Now, Is that something that you could nq have asked them to do or told them to do? pq MS. FORBES: Weg- na A: I thfnk whh the responaibBiry I nrry, h on would have been done. I've twt had any study ever m rejected that I've ever asked for. So from that nq view, you can get gtatmmtkal here as to whether I pq tetl Wally we need to do It or Wally told them nn whether we need to do h or Dr. Hayes told them to do ne lt. nil 0: Tbe resson I ask, on thia chan you are pq shown to be on the aame level as all these other R+1 managers.And was that in reality the cue? q A: The teallry of the case was my thlee was the RA same as some of these people, but it doem't mean - pq there are different levels of annagers.One level of nq mrnager B not equivalent to another.If I wanted to Papa 225 m talk-with my job and my ttsponsibiliry, if I had sA asked for a study from any of these people, it was sq done.I do not know of any time of any study 1 ever iq asked for that was not done in evaluating the effects lq of product changes. Iq 0: Was - in the 1950 time fnme, was your m undcrsranding of nicotine such that if people wanted sn to use nicotine in a pure form as opposed to in a q cigarette smoke, that they had to obtain your pq approval before doing so in terms of tesring' n+l MS. FORBES: Objection to the form. on A: It would have been my responsibility to assess on that.And I know of no instance in which-tto hq instance comes to mind or memory that anyone ever ryq asked to use pure nicotine in any form. pq 0: How about if somebody wanted to injea ptl nicotine in tobacco and run some tests, would that on have to be run by you? pq A: Yes, h would have been. It should have been pe run by me. I'm not saying that every time it ever pq was, but it should have been. Im 0: And why is that? pm A: Because S was my responstbility to determine ruq if the products we were going to use would have any pm potential for adverse effect upon the smokers who LORIIIARD TOBACCO COMPANY,ex aL, . .. . . . ' Pap.226 n1 would be consutnittg them In 0: Md you did recognize. at leaat in the - .. . sq at some point in the 1980s that a certain level of M nicotine could aeate adverse effect in smokers?: ln A: I think I would say what I said earlier.ihat sv the adverse effects of nicotine are doeumented in the m licentute, bm I'm not aware of any adverse effects sq which would have been documented particularly for sn amokers. pN Tm having diScuhy with your question here. h+l You're asking,'Could you overdose and poison someone on with pure nicotfne?" And that response is yes' ntd 'DoesthathappenwithatnokersP'Thenmyrespoaseis M "n0.' on 0: Assuming they don't chew up and swauow on the dgarettea7 p7i A: That's assuming they do not chew up and swallow pq the cigarettea.Tbat is correct. But even by my on calculations which we've had to do, there's not nap enough nicotine there to - to do that either. R+l 0: How many cigarettes would you have to Prl chew up and swallow before you would O.D. on Rm nicotine? aq MS. FORBES: Objection to the form. pq A: I would have to go do the mlculatbn.I have 3 Paps 227 -1 iq not done that. . m 0: Did you ever supervise or have In involvement or looked at whether or not nicotine Ml could act as an appetite suppressant? M A: No, I don't remember any work where we looked ln at that. m 0: How about to look at the eBeas, if any, m of nicotine on energy uriliution? m A: I do remember sponsoring a study whete we na looked at nicotine upon - based on metabolic rate or i,» energy utilization, as you mll @. on 0: And why did you do that study? pn A: We were trying to verify what had been in the i,.l literature to see if i[ was true. nQ 0: If what was true? on A: If nicotine did increase the basal metabolic pn rate of people versus those that had not taken any on nicotine in. on 0: For what endpoint? pol A: Jus increased metabolic tate.I don't R,l remember the endpoints.The study that I remember Im was done probably ten years ago. tan 0: And what was the purpose of ehher cm confirming or denying that theory? psl MS. FORBES: Objection, asked and aoswer. I Page 224 • Page 227 (bU) Min•U•Seriptm WAGA A SPIIVEIS (973) 992-4111
Page 42: nui31d00
Robea't L Suber, PhD., November 20,1997 Pap.40 nl Nabisco Btand group reported to me.Tbe group that w reports m me is whhin R). Reynolds tobacco pl company. M 0: And you ditecaed the R.). Reynolds p TobaccoCompanygrouptodoworkonbehalfofNa6dsco A Btands' tn MS. FORBES: Objection to form.You may p answer. N A: Nabisco Btands paid us to consuh with them on pq toxicological matters that they had questions about MI As a sister company, they asked us for aasistance in na toxicological matters.They did oot have I+A toxicologists in their company. tw 0: Have you been interviewed by any I+y govemmental employees or agencies with respect to pq your employment at Reynolds? nn A: No. t+q Q: No one from the FBI has interviewed yoat rn A; No. pq 0: No one from the )ustice Depaesmcm) a+l A: No. ml 0: Are you not aware of people at Reynolds snp that have been Interviewed by either the FBI or Pi1 somebody else from the Justice Departments psi A: IWe heard rumors, but I don't know anyone that Pape 41 m has. pl 0: Who have you hard that has been? tn A: IWe heard that Dr. DiMarco bad been. MI 0: Anyone else? p A: I hard Dr. Rodgnnn had been. lal 0: Anyone else? m A: No, not to my knowledge. tn 0: Have you ever provided any testimony or p given any statements to the FTC? na A: Not directly. I may have provided information t++l to our Fft counsel to use. In my job, I would expect pA that to be normal information I would pass along and bs1 prepare. f•1 0: Whatrype- dsl A: I might have prepared some questions and nq answers along that line. prl 0: What type of information? pq MS. FORBES:)ust a minute.ObJection. nn To the - to the extent that it requires tPOI communication of attorneytfient privilege pil information, you may not answer.To the extent you Pz can respond to Mr. hfaia[tos' quesrion without Wl communicating such, you may do so. pq A: It would have been technical infortnation that pq they asked for my interpretation of. PHYIL[S SMALL . v. yORtt rAAT'fOBACCO COMPANY, et u1., ro 0: Related to cigarettes? te A: Yes,![ would have been my job function at, pl Reynolds, related to dgatettas wt 0: What issues were before the FPC that you . pl bad to provide that information? P1 A: I don't remcmber any speclEc one in the past. m I remember one recently that I prepared some [q information on. pl 0: What's that? dol A: Having to do with Winston advertising. u+l 0: No Bull? t+e A: Yes,recemly- Usl MS. FORBES: I assume that's a question. nn THE WITNESS: That's- pq Q: No Bull advereising, t+q A: Excuse me? tin 0: No Bull advettising) un A: As I mmember, h was information I provided nn back to them about the clainu who made that sm advertising of no ingredients - No Bull Winston Is,l advertising. pal 0: Is Winston No Bull,a noidditive Pa1 cigarette? P•! A:. In my view, h's a no-additive cigarette.As pq we've riid publicly, there was only one compound Pap 42 Pap.43 tv used. It was atbon dioxide used.to expand tobacco. m And it doesn't reside in tobacco after it's expanded. In We could find no differences in carbon dioxide in the t<1 smoce. So in my view, knowing what carbon dioxide la tq like, it's a gas at room temperature because it's in Pl the air.And therefore, I wouldn't expect it to be m there. But thore ate no otherr additives that we use tsl on the tobacco in that brand. m 0: No top dressings? t+ol A: No top dressings, no casings, no hutnectattts. n+l And we even take, very, very meticulous effort to be t,n sure that none get in there. None are left over nn between processing runs.WeWe done everything I+q possible to keep everything out of there. tul 0: Is there reconstituted tobacco in Winston tiq No Bull? p>! A: Yes, there is. In that reconstituted tobacco l+n sheet, there are no additives either.It is only tui tobacco and water. Pq 0: What type of rcconstituted tobacco b!n tz+l Winston No Bull.s pat A: Simply a blend of tobaccos. Reconsthuted tm tobacco are just small bits and pieces of tobacco rxt that don't fit in a normal cigarette. And you grind psl it up, make a slurry, talce tbe water off. Pour it Page 40 • Page 43 (14) Min-tJ-Scriptm WAGA & SPINPSII (973) gg2-4111
Page 43: nui31d00
PHYId18 S1KAiIL v. .: LOAn * .*tn TOBACCO CA1VJpANY, et a1., Page 22e ni A: Let's go back and auswer aak the question pt again, please. In 0: You did studies to determine if nicotine µl affected the energy utilization or compensation rate w ofthebodyf to A: We were trying to verify a repott whieh had m been published.And to the best of my knowledge, we lq veri6ed that report that nicotine did intarsae the M basal metabolic rate. py 0: And how would that informadoa or how pq t.'ould that informatlon be used by Reynolds? I+rl A: To my knowledge, h wasn4 used by Reynolds for im anything that I remember. We were simply trying to uat ver9fy what the literature was citing. t,al 0: Was that something that toxicology often t+n did? na MS. FORBES: Objection to the form. hd A: My group often sponsored research outside in t,si medical scbools.That wasn't unusual.And we were pq simply looking at that.Aa I remember, one otthe R+1 questions may have been, Rs that why smokera have Iz4 lower body weight? Is that one of the effects of im nicotine?" But that's all I remember of the study. pq It was not used for anything other than that. ttsl 0: What's the difference between levulinic Papa 229 t,l acid and nicotine levulinic? m A: Lesvlinic acid is just a chemical in itaelL pl Wheneveryoumakeasah-whatweallasah- µl what scientists call a salt of nicotine, you can have m nicotine sulfate, nicotine dtnte. Nicodne Fl levulinate is just where you hooked an add and a rn base together to form one compound. It's much like pl saying that something is sahy water.You have sah ts and watertogethet i+al (p1.AWIIFF'SEX1i7BrP3MARKEDFORIDENTIF7CATION U+1 MR. MAISTROS: I'll hand you what I've pxi marked as Exhibit 3. It's a January 9th,1987 memo I+a from Scott Appleton to )etry Lawson with you being iui shown as copied on it.The title k"Scienti8c psi Affairs Evaluation of Nicotine Levulinate aa a pq Cigarette Tobacco Ingredient." Do you recall t+n receiving this memo? hq A: I don't recall the memo. I recall the projects i+n around nicotine Ievulinate. Some of the projeM iral not in explicit detail right now. But the compound ts,l name rings a bell. tza 0: And do you know what the project that's wi sa forth in this memo is? tM1 A: No, except what we discussed this morning about ttsl 1evuHnic add use in genenl,that-doesh make Bobert L Snber, PhD: Novrmber 20,199' . . . Pap 230 m smoke smoother, less harab and would it have use in a Rl dganeette.Thete was a hypothesis that if you added m IecuBnic add to tobacco, that because nicotine is m volatile and charged, it swuld pmbably torm nicotine la levulinate on the cigarette. pi 0: And therefore. the use of levulinic . ... m add - you could use the adjust the nicotine levels tsl that are nansfeered to the smoke? pn MS. FORBES: Objection to fosm. t+al A: As I stated eariier, that was a theory.That u+l was even a theory that we seriously considered and I I+s looked at.As I stated, that's one of the reasons nal that we asked for atudiea in peopte to loof< st blood tw nicotine levels and even urinary nicotine levels to nn see ifthey do change.After the studies we nq conducted, they were no diffetem. So the theory l+ri really didn'[ hold.It was a good theory. It just nn didn't work In ptacHcabitiryft usl 0: Was the theory, whether it held or ttot, pvl to increase the level of nicotine smokers inhaled? R+l MS. FORBES: Objection to form. tsA A: No.Aa the best way-as the best I remember ial this ptoject,h was aimply to make a very-a smoke t+•l that consumers liked. In this case, using a Winston m1 uhra low tar ciganette, it was simply maldng Pap 231 m products that smokers wutt. ia 0: Do you know wbose handwtidng is in the pt upper right•hand cornet? 19 A: Looks like mine. p1 0: What does that ny? ial A: Means I got the memo. m 0: What's it say? pl A: These are the 81es where I wouid have had this pi cross•referenced for future evaluation. ao1 0: And what files did you place this memo 9+1 in) nst A: It would have been put in the ingredient filea nal and maintained - have to do with levulinic acid, t+o nicotine and nicotine levulinate.lt's ceossflled. im 0: So you had three differem files in nq January of 1987? One that was levulinic acid, one im that was nicotine and one that was nicotine nn levulinic? ns9 A: Correct. From looking at this, I would suspect pai that, R+1 (pLAIN'I'tFF'S E)31IBIf 4 MARKED FOR IDENTIFICATION ; Rrl 0: Exhibit 4 is aJuly 23rd,1987 memorandum trs7 from Dr Doolietle to Gary Burger or G.T. Butger Ln . . pq Do you know wbo Dr. G.T. Burger Is? r -4 Rq A: That's Dr. Gary Butger. ° ~ ~ ~ .WAGA & SPDVEi.iI (973) 992-4111 Mia-U-Seriptm (61) Page 228 • Page 23'
Page 44: nui31d00
Robert L. Suber, Ph,D., November 20,1997 Papa ta im particular ehemicals. pp 0: And what compounds of concern was Project a Iti9 concetning? p A: Well, the result of it by doing what we did waa q we were able to reduce the levels of arbonyls u a sl class.Acetaldehyde, formaldehyde-acetaWehyde m and equivalents. Iq 0: How about nhmsamines? tal A: Nitrosamina were reduced as a function of a nq low nitrate - low nitmgeotonmining blend that we na used. ne Q: And where was project - what was the isl commercial name for Project EW? tu1 A: Eventually Project tW was test marketed in pq Oklahoma as a Winston Select. tit 0: Whatbrand,atylet nn A: I don't know. I don't remember the styles and t+q btands. h was a Winston Selea, but I dont nq remember. I assume h was low tar ategory.And we Rq talked about we looked - we did look at a aa fulldlavored category as well, and it was test pa marketed, I think, for a short period of time. µn Q: And was it sold commercially after the Q&i test marhe[d pq A: Not to my knowledge.The test market was in Pip 44 pl Oklahoma, and we did not get a over-musing response tA to it, m 0: The Winston Select with the Project EW - Iq to distinguish it from just regular Winston Fl Selects-the EW that was test marketed in Oklahoma, tel is it your testimony that it was pulled beause there pi was not consumer acceptance of it) n A: Yes.That was consistent with what I know in pi the company. It was not consistent with enough a nsl difference that consumers liked it. j n+t 0: The decision not to market bW beyond nz! Oklahoma had nothing to do with Winston No 8uU? nsl A: The No Bull or no additive concept has been on nn the shelf in Reynolds for probably eight - seven or pq eight years. In hct, I was one of the ones who put t+q up the concept seven or eight years ago. I think the dn consciousness to consumer is it would be unciear to nq consumers if you had two products with two separate Hq ideas behind h. py Q: Well, you didn't tell anyone in Oklahoma pi1 that the Project E17 cigarette under the btand name pal Winston Select had a special filter, a special blend tal that reduced compounds of concern, did yow Rq MS. FORBES: Objection to the form. Rsl A: I think the ampaign, u t understood it, tried PBIYI3dS SMALL > 9. ypmr r a:n TOBACCO COMPANY, et aL, Papa so tq to talk about the breakthrough in the flker R1 tecbnology. We as sdendits, have fotutd it very pl difficult to communicate to the by public all of the pl technology and the science and the chemistry behind gl diffetent chemials and tmterials. Were tried that Iq for, I know, the 13 years that I've been bere, and we m always find it very difficult to communiate that p information because they don't understand all the pi chemistry and the tosieology of it. va 0: Did you tell the test market in Oklahoma n+1 that Winston Select Project FW had a special filter t+:f that reduced compounds of concern? ua1 A: As I just said arlier, what I remember of it tul was we talked about it was a breakthrough 81ter. We nq could not really find a way to talk much about which uq chemials were reduced and what it tnant p>t 0: Did you tell the consumers in Oklahoma pq that any chemicals were reduced in Winston Select Oq ProjecthW? pq MS. FORBES: Objection to the form. Ra Asked and answered. Im MR. MAISTROS: He hasn't answered k yet. al THE WITNESS: I just don't renumber.I r1s1 mean, you asked me the question and I answered it the pq best way I could of what I remember of it. Paya 51 hl MS. FORBES: This is not a madceting Irl expert. pl 0: Well, you came up with the ida of 141 Winston No Bull? sl MS. FORBES: Objection, mischatacterizes. Iq A: I will - I will say that the ida of using no m additives in cigarettes was an idea I discussed with m management years ago. pi Q: Whens nq A: I would have to look baek in the files, bm it nil would have been the late eighties, 1987 maybe. I+rl 0: Why did you think that would be a good nn Idea? H41 A: It was just a concept.Apin, it came back to pq the same thing I just discussed - discussed earlier. uq A lot of average people do not understand flavors, tm additives, smoke components.They even confuse the nq differences. And it was simply an idea to not have pq any in there and let people pick which ones they pq wanted.Those with ingredients and those without R+1 Ingredients. pxl 0: Did it have anything to do with your psl beUef that the no additive cigatette would be a eq safer cigarette? tal MS. FORBES: Objection.Assumes faets Page 48 • Page 52 (16) Min•II•Ses9pt® WAt,A & SPIIQELII (973) 992-4111
Page 45: nui31d00
P'BYIIIS SMAI3, v. Robert L' Suber; Pb.D LORtr r Ann TOBACCO COMPANY, et aL, November 20, 199'. Paps 20 Pap.22 ro presented to the FDA by a company asking for the use pl something wu ardnogenic? pl of a chemical. m A: There would have been chronic anitml testa fn pp 0: And how did do they decide if a chemlal \ MI should or shouldn't be approved? p A: To determine the risk-benef¢ ratb of that PI chemial.Is it too risky? Does it cause thinga m that were not permhted.s For enmple, under FDA, ff m it's a food additive, you have the Delaney clause. pl And therefore if h was otrcinogetdc, h would not be nA allowed in the food supply. mt 0: Did h hava to be proveo to be 1+71 arClDOgenic? nta A: It had to be ptoveo - Iut MS. FORBES:Objectioa to form. us1 A: The chemical would have to be evaluated to see nn if h was carcinogenic or ttot nrl 0: Was the chemial eithu nrdnogenic or nat notlThere's no in betweeal tul MS. FORBES: Objection to the fotmYou sot may answer. R+t A: I don't fully understand your question, can tr aal be carcinogenic or not. If you conduct an pg carcinogenic assay, that assay will tell you in those Rq particular sets of situations whether the compound pq was carcinogenic or not. m rodents, normaUy tats or mice, twoyear oral feeding , Ml studies. . . .. . .. , . . meaa?a., .,..,. ..- m Q: What does chronic adanl test pq A: Chmnie aninul testing meana that you test for:, m a long period of time in an anitml apecies, usuaBy : m for what you consider maybe their life apan.There . m are some exceptions. Dogs. for example - when you pol do a chronic dog teR under FDA, h's only a ono-year t++l test. Most dogs live eight to ten or twelve years. t+rl In rodent testing, rodents usually don't live . tan much beyond 24-I7l say 30 months.And most FDA ny chronic ardnogeniadc tests in rodents runs about tiR 24 to 30 months. nef 0: And these at< all oral feeding tesrs? t+>I A: You caa do that ehher-you an do oral t+n tesrs.You can do inhalation tests. If you have a [+w compound that has to be injeaed, you an do na injection tesas.The route is a different question p+t of how you want to deliver the compound versus the pr test of h being a chronic teR. pn 0: Well, how do you dedde if you do an pq inhalation ten or ortl feeding teR.s pq MS. FORBES: Wait.Objecdon.Are you Paqa 21 nl Q: Is therc such a thiog as a possible m carcinogenic compound? m A: There are many groups that have Iists that list P1 things as possible carcinogenic compounds. tsi International Agency of Research on Cancer has a pq liating that's possible.The Eovironmemal m Protection Agency has a list of possibles. pl 0: How about the FDAs m A: The FDA puts out a repott, oh, every sevetal t,ol years of things - compounds they consider either t„1 carcinogenic or possibly carcinogenic. psl 0: Does the FDA approve the use of ehemiab lul that are possibly arcinogenic.s hq MS. FORBES: Objectioa hsl MR. MAISTROS: You can answer when she t+q objects. Hrl THE WITNESS: JuR aught me off guard, un Yes. Certain pharmaceuticals are arcinogenic,bm t+.n they're still allowed, and the FDA approves those. pol If you believe some of the research around, saccharin pn is arcinogenic.The FDA allows that in the food :rM supply with a Congressional moratorium. sial BY MR. MAISTROS: aa 0: In the 79 to '84 time period, what type pal of tests did you do with the FDA to determine If Papa 23 t,m talking how does the FDA decide? What - m 0: When you were an FDA employee, how did im you decide if you did an otal feedlog test or an Nl inhalation teR? m A: I think toxicologista, in genetal, concern - th consider the route of exposure to determine how they m want to evaluate the chemiaL tq 0: You mean if you want to look at the m toxicological effects or health effects of the t+ol chemical, you look at the most prrnlent rate of nq exposure or manner of exposure to that chemical? pA Ac You would pick the route by which you think the t,al exposure 1s easily deliverable or most likely to be pq delivered. For exunple, if h's a food additive, we pst would probably do it by oril.If it was a chemical Uq to be injected in a patient, we would probably do ~ tm injections in animals. ~ uq Q: And if it was a chemial that was ° pq inhaled, you do an inhalation teR? ° pq A: Yes. m ~° R+t 0: Are there different types of inhalation pb teRs? w psl A: In the general field of toidcology, l think ua1 it's fairiy common that there's two types: Noaeottly psl inhalation and whole body exposure. WAGA & SPIIVEI7.I (973) 992-4111 Mia•U•Seripes (9) Page 20 - Page 23
Page 46: nui31d00
Robe Nove rt L Sts mber 2 ber, Ph.D., ~ 0,1997 iaps 24 m 0: How get noseonly inhalstlon? sq A: Bui you have tubes or apparatus that m allows yo Ht animals so they can't turn around, W they can't preen.And only their nose sticks out, tA and they can breathe the vapor, the gas, the chemical in thatwayt m 0: Did you do mouth inbahtion tesu fa m nonqodenu? pl A: I don't understand the question. pq O: You aid noseonly.ls there such a p a thing u a mouth inhalation test as opposed to nose? pq A: There would be what I rall a whole body where pn an admal is just in a nge and he's just allowed to tw breathe as an inhalatloa test. nn 0: So the whole body is both tbe aose and nn the mouth? na A: We4 if you haven't constrained the adtml t+q you haven't conatnlned bow he gets esposutn to the nq cbeadcsl. He's simply in a cage. He can walk around pq and motrc ft+eely, and the chemical is pumped ittto the it+i csge.And then be breathes ft. Probably some of it pz preeipitates on his fur. It falls on the side of the pq age - a number of ways. Pq 0: And how do you decide if you're going to pq do a noseonly or whole body Inhalation test? P.y.25 t+1 MS. FORBES: Again, objeetion.Ate you ta speaking- pl MR. MAISTROS: As a to:dcologist, as a p dotsor- pi MS. FORBES: As-in general? i~ MR. MAISTROS: As in educated sdendst. m MS. FORBES: And not at the FDA? m MR. MAISTROS: Not at the FDA. pi THE WITNESS: Would you repeat the nq question, please? I++i BY MR. MAISTROS: na 0: How do you decide if you're going to do a 1131 nose only or a whole body Lthalatlon test? py A: Again, that's a matter of just decision of the nn protocol and the principal invesdgator. Do you want isi to do noseoNy? Do you want to do whole body? Do t+n you have the equipment to do it property? nn Noseonly is very stressful in animals.And if nn you're not vcry careful, you can kill the animal and t:q therefore negate the test. It's simply up to the ta,i investigator to choose.There are no set criteria tm that I'm awue of thac says you do it in the n following Instances. w! 0: Do you have any other educational tm experience? PBYiLIS SMAU. ,q. i.ORn. aan TpBACCp Co11IpANY, et.L, Pap.IIe i m A:I-well,attheUnivenityofAdcansas.Iwas pp also tumed adjunct asaiataat ptofessor of I tn pharmacology and tozieology. w- 0: What's the difference between I p1 pharmacology and toxicology? !n A: Pharmacology is really the study of * pharmsceurieals, of how drugs inteeaet In the body or p what I'll call the trratment effect of a m pharmaceudcal.Tozicobgy is really the reudy of hq poisons.The adverse effects of chemicals, be it u+i pharmaceuticals or otheewlse, nm 0: Was there a pharmacology test that you hq used? n.1 A: Goodman and GOman. p5 0: How about a toxicology teuW ne A: There weren't many good ones in those days.I iq don't remember Y I used Cassarett and DouS, nal 1}o•u•ad, or not.Toxicology was a combination of I+al Goodman and Gihnan's book which has toxicology in it. Rq pathology books, bioebemistry books, literature. pn 0: Is Goodman and Gilman an authoritative tm text on pharmacology? wi A: It's considered a good tea by atl the medial Wi schools to teach pharmacology, and it has tmdcology pd initasweB. PaQa 27 m 0: At the University ofArlcansaa, did you m work with anyone that you subsequently worked with at pi Reynolds? M A: Yes. Dr. Crary Burger, who is now senior vice m president of research and development. tsl 0: And what was his position at Arkansas? m A: He was an assistant professor of pathology as p well, to the best of my knowledge.And he was also a m veterinary pathology at the National Center for liq Toxicological Research. n9 0: Have you publLsbed any ttmeria!- pu A: I need to finish.Also while I was at the 1+sf University ofAskansas,there was a graduate student IW that I taught several courses with, Dr. Paula (sic.1 l+q Aytes,A•yat-s, who is now at Reynolds. l+so 0: What is her position at Reynolds? pri A: He's a toxicologist in the toxicology division. N Inq r 0: Have you published any rmterial.s J I'n A: Oh, I've published about 35 to 40 abstracts and m ~ pq research publications and two book chapters. ' aa m 0: What book chapters? t10 tm A: Both book chapters are on clinical pathology, r ;q how toxicologists should use clinical pathology to a p.i assess toxicity of cheadtsls. psr 0: What book? Page 24 • Page 27 (10) Mia•U-Saiptm WAGA & SPINBiII (973) 992'4111
Page 47: nui31d00
51769 1022
Page 48: nui31d00
PHYLLtS SMALL v. d.0 *t *•Qra TOBACCO COh1PANY, et aL, Paa 02 tn tt to.That's the only place I'm ramWar wlth ft. pq 0: Then it's your testimony that IO)N esttae[ pl was never utilized in any test mnrtcet.s Ml A: It was my testLtwny that to my knowledge it was pl never used io any test market or any product for p sale. M 0: What is RFST ptocess? lal A: The REST process, as I remember, was an acronym ly for a reconstituted sheet process or for an vg extr.ction of materials and then separating out n+t materials. Some of the tobacco went on to be vaed in I+rl sheet or could be used in sheet. nto 0: What wu the eznaa nlled? lu1 A: I don't remember. ny 0: What was done with the e:nact0 vq A: As I remember the REST procesa, h waa all n>r experimental within R & D as a way to look at nq processing tobacco and take out specific chemicals if nn we could that some of us as toxicologists would not na like. Ra 0: Was ft also looked at as a way to control pn nicotine levels in the tobacco? ml A: If you could contml aR of the other chemicals Rq I mentioned, ft was a way that you could control Rq nicotine, but ft was never used to my knowledge. Paps 03 n1 0: Why was Reynolds looking at ways to m control nicotine? pl A: It was a process used that-like the IIaN pl process that we could end up having a product that p1 was consistent in its level of nicotine. Nicotine is In endogenous in tobacco.And depending upon the m growing conditions and the environment, the weather tq for the year, the nicotine level will vary,and sn consumers like a consistent product. nor So it you end up with a year where you have a n+l high nicotine crop and the consumer is only used to a t+r1 lower nicotine, you need to do something to get that h>I material out. n4l 0: What types of tobaccos does Reynolds I+q utilize in its cigaeettes? I+n A: Reynolds uses the tobaccos that everyone else nrl uses. Basically tluetured varieties, burley nn varieties, oriental varieties, and they use I+n reconstituted sheets and expanded tobaccos. pq 0: As a general rule, is the nicotine R+1 content of burley higher or lower than flue-cured? pq A: Generally higher. Rs1 0: How is the nicotine content of fluetvred txl as compared to oriental orTurkish? Rsf A: Ob, let me define this. Burley tobacco, in Robert L:"Suber. Pba Novembe'r'20,199 ~pa 94 P 1+1 looking at the informadon, is usually three and a ' !q balf to tour perceat nicotlne. Flues.vrcd la ttsualty pl two and a balf to three perceat.Oriental is usually w poim Bve to one perceot. Ii 0: Md bow about the nicodne coment of " Nl teconakuted tobacco? m A: I71 have to think back on the history now si Probably around the one percent tange.Wede done pl some studies looking at the levels of nicotine of the nq starting materials versus the reconstituted sheet and I+q it's less.The reconstituted sheet has less nicotine I+al than the starting materials. Some nicotine is kat Iva in processing. lµ1 0: And how about the nicotine content of l+st expanded tobacco in comparison to the other types? I+n A: h would be on the lowest.I wouid list h u I+rl the very Iast.I don't know the exact level, but I lu1 would list it as the last because I know the process t+q and the beat treatment it goes through would remove lam it. Rv 0: And these numbers you're talking about 1ar1 are the actual nicotine comem versus yield? tag A: Those am what I will call the nicotine per t+n gram of tobacco.A percent of the weight of the Rs1 tobacco is nicotine. tn 0: Do you know what {dcotitte ttaosfer irl efficiency is? m A: No, not reaily what youYe - I don't know what µ1 your definition is. pl 0: Let me define it u Dr.Nortmn defined ft al yesterday as the percentage of nicotine content that m is ttansferred to the nicotine smoke. p1 A:Okay. pl 0: Are you ffimiliar with that concept? t+a A: That definition, within that definition. n+l 0: Do you know what the nicotine taattater na efficiency is- differences are between burley and osa Auncured? I+q A: No, I don't. I+y 0: Or any of the othertobaecosr na A: No, I don't know. I just never looked at the nri data. It's not been a question for me. I+q 0: Have you ever attended Dr. Norman or Dz nsl Townsend's course on cigarette design.s pol A: No. tpn 0: Have you ever seen their course book? Im A: Yes. lm 0: In what settYng? 041 A: I think I was given a copy of h to read and psl refercnce - you know, read the information. Pays 95 Ln ~ ~ m tD m - tz w ~ WAO*A A SPINEIu (973) 992-4111 Mia-U Scripem (27) Page 92 - Pa ge 95
Page 49: nui31d00
ra a++~ xuua. . LORIi:A4n TOBACCO COMPANY, ex a1., Pay.172 tq of what tole k plays, and I've said that over and tq over again.I think nicotine plays a functional Pl sensory mie in smoking and what people wam from Ml sqqkiag. A They want some of the harshness and sn irrhation. and nicotine is one of those compounds m that will do that, much like what capsicum is the pl funaional component in hot sauces.Without it,you sa don't want to eat the hot sauces. Or if there's not pq much in there, you'll put more hot sauce iato your n+t food.lt has a functional sensory effect. i+q 0: And you lump in there a group in thete uq with your use of the phrase "sensory rale; the nq phanoacologial effects of nicotine? uq A: I'm not - my opinion as a toxicologist Is I'm nq not convinced that that's the reason people smoke.. n+! As I said eariiu, I thiak they want the sensory nq impact.There are these - what 1 call psychologlal uq pattertu.They want something to do with their pq hands.They like to light up someth3ng.These are R+1 all faaors in the smoking enjoyment that I believe ral happens with smokers. pq 0: What research are you aware of that pq Reynolds has undertaken to determine the role that Rq nicotine plays In a person's decision to continue Paye 17J n) smoking? pq A: I'm not aware of any research we've conducted pl in that area. 141 0: Are yon sayfag that you don't thlnk any µl has been conducted or you're Just not aware of its lq MS. FORBES: Objection. tn A: I'm Just not aware of it. I don't remember pl any. pi 0: Have you ever had any eonversadons with nq Dr.Teague? pq A: Which Dr.Teague? nq O: Claude Teague. i,q A: ClaudeTeague.WhenClaudeTeague-whenl 11.) came to the company, Claude Teague was in R & D nq management responsible for the building. So yes, we nq had conversations probably because of my building the 1,>, group - my group, and needing space and chairs and nq desks and things of that nature. pq 0: Did you ever diseuss whh Claude Teague Rq his views on why people smoke? R+l A: No, I don't remember discussing those with pX Claude. i:+l 0: Did you ever read anything that Claude P.1 Teague authored on why people smoke? pq A: Nothing that I c;an recall right now November 20,199'. . .; .. ... •. r'Pap 771 pl Q. Do you ever reNlll rNiewing any reseaCeh .... __..-... , pl or papers authored by anyone at Reynolds that pl suggested that the reason people smoke is to obtain M nicodne? iq A: I don't temember.reading papers slong that lq tlna. . . . , m 0: Do you ever review any papers at Reynolds an that stated or suggested that what Reynolds seUsls sn smoke, tat tobacco? nq A: I'm not aware of ever having wdtten any papers pq that said that eitberL na 0: Wriuenorreadn nq A: Read, e:cuse me. mi 0: Have you ever read any papers authored by nq Reynolds employees that stated or suggesud that pq cigarettes were a nicotine delivery device? nn A: No, I dont remember anybody -by any Reynolds nq employee that saki that pq 0: Has Reynolds ever conducted any research pq to determine if there is a substance that could be RiI used that would replace the taste characteristics of am nicotine? pq A: I don't know of any reseatch that we We ever pq conducted to do that. pq 0: Have you ever beard anyone at Reynolds Paps 175 iq use the phrase "sawker satis6ction" as a substitute • for smokers' minimum nicotine requirements? Pl MS. FORBES: Objeetion to the form. iq THE WITNESS: I've beard the term ul "smokers satisfaction," but k's not been in pq relationship to the nicotine response.It's been in tn relation to, do they like the entire producV Do iq they like the way it taates? Do they like the way B an looks? nq 0: Do you know what level of nicotine n,l content is in Eclipse? nq A: I do remember the - under FfC smoking nq conditions, laboratory machine smoking conditions, nq depending on the style, I think it's around.2 -0.2 nq to 0.3 milligrams depending on the sryle.I have to pq check those numbers, but that's the best of my nn memory. uq 0: Is Eclipse designed to have speci[ic- nq is that nicotine yield then? nq A: That's the smoke nicorine. I said under PTC p+) conditiotls, cm 0: That's not contenN pq A: I don't understand content.You mean tobacco I:q nicotine level? Rq 0: Aa a percentage of tobaceo weight. Do WAGA & SPINELLI (973) 992-4111 Mia•U•Saipt® (47) Page 172 • Page 17
Page 50: nui31d00
PSYLUS SMALL V. Robtek: L- fiibei, Ph:D. ypttn r Avn =OBACOO COMPANY, et aL, November 20.199 i at MS. FORBES: Objection to the form. aq A: I don4 know. 220 . . Paps 222 tn documems- sA MS. FORBES: Mr. Maiatros knows what he m needs to do. n1 THE WRNESS:-thst have been copied. Rl Yes, I- they've already been copied and to my Pl knowledge were tumed over. .. Ri MR. MAISTROS: Can you give me some Pl exhibit stickers? pl (P1AWiffF'SE701ffiIT2MARKIDFORIDENTTI67CATION.) t+ol BY MR. MAISTROS: t++i O: Exhibh 2!s a chast.I'd ask you if un youMe seen this chart betore? t+s1 A: Yes, it looks like an organintional chart that tul would have existed within RJ. Reynolds, t+sl 0: And do you know approximately when this I+al would have exis[ed? I+a A: I would estimate by the fact that - t+n MR. MAISTROS: Excuse me. Juu let her nn change. pq THE WITNESS: i would esdtmte by the R+1 fact that Dr. Burger is not on that - this list. R+1 that it would have probably been in the late 1980s. ae BY MR. MAISTROS: ps1 0: And do you know how long these seven pM groups were in existence? iq 0: Did Reynolds oppose that tegulation? Pl MS. FORBES: Same objection. Pq A: I don't remember. I'd have to go bok through Iq my 81es. I did not provide any testlmony on that, m to my knowledge. w MR. MAISTROS: Let me madc this as an Pl exhibit. nsl O'IADVTIEr'S EXHIBLf 1 MARKED FORIDENI'IFIGTION. t++l BY MR. MAISTROS: t+a 0: I'm handing you what I've marked as my t+a only copy of Plaintifts Exhibh No.1. Have you t+q seen that notice of deposition before todayl psl MS. FORBES: Asked and answered. Pq (WITNESS REVIEWS DOCUMENT.) nn A: Yes, this is the notice that was given to me na for this deposition. t+d 0: And once again, you do have documems Pq that are within the scope of the requestA through $ P+i but you have not brought those today? pM MS. FORBES: That's correct.And we Pn object to you attempting to use improper procedures pq that to collect documents that have already been Rn produced to you when your discovery is cut oE! Papa 221 t+l BY MR. MAISTROS: pi 0: Do you have doeuments responsive to each pl of those categories requested? µl A: Just a minute. sq (WITNESS REVIEWS DOCUMENT.) gl A: I have documents which have been copied which m deal with some of these. m 0: Which areas? Pl A: I don't know that I have any under Section E t,ot that deal with suspected or actual effects of iq nicotine on either humans or aaimals.And I don't pzl know that I have any under'F," for the addictive or t+A reinforcing or habit-foradng or habituating or tul dependence-producing effects. t+sl 0: Do you believe that you have some under I+Q pH effect? I+n MS. FORBES: Same objection.We object t+q to you attempting to use improper procedures when you n.l no longer have-the time for discovery has py concluded. Pq THE WITNESS: Do I atuwerthisr pM MR. MAISTROS: Yes. pil MS. FORBES: You can answer it for the Itq record. Pq THE WITNESS: I have some of those Pap.22a t+l A: They would have pwbably been in existence m from - like I said, the late 1980s untit Dr. Hayes pt leh, which I think was around 1992 or something. MI 0: What was the primary distinction between ' Pi deBethiry's pharmacology group and your scientific Pl agairs gmup? m A: My- pt MS. FORBES: Objection to fotm ss A: My memory serves me that he was probably noi working in the area of nicotine pharmacology. t++l I.ooking at the people who were there - Dr. IlppieUo t+rl and Dr. Chang and Dr. (hidwelt. One of the things - t+n I don't remember the details of what they would be pn working on. I just don't. ps) 0: WeS,dothe-doyouknowlfthell tui people listed underneath Dr. deBethiay in nn Pharmacology were all doing work related to nicotine? vat A: I don't know that. Some of the people I know t+n here would have conducted the-some of the nicotine Pq pharmacokinctic studies under Premier, knowing what Ra they do and knowing their names. But I don't know Pa which ones and where. osl 0: And do you know what the main distinetion u, p.t with the inhalation group was with the Scientific ~ itsl Affairs group? rn ~ WAGA dt SPIIqELL1: (973) 992-4111 Min•U•Scriplm (59) Page 220 • Page 223
Page 51: nui31d00
Robert L Sttbet, Ph.D., November 20,1997 Pap.11a tn A: Are we nSdng -Pm assumtng youYe taSdng pt about pH that you mean the pH of amohe? q O: Ya. q A: I would ay that is ttue.I'm not too suse as p a scientist that I even believe what the pH of smoke - A is.You're taught in elementary chemistry courses m that pH is the blorbythndc function of the hydmgen tq bn concenaation.And since we have a smoke or an N aetosol hete,!['s not a Squid nnteHal; therefore, na I'm not too sute that you can even have a pH. But !f n9 you take some people who report a pH and take lt at ns5 that - I have never seen a product designed around a na pH cdteria. pq 0: Do you know what rdationship, Satry, nq the pH of the smoke has to consumers' acceptance of aa nq particular style or brand of dgamte? nn A: No, because as I've sak1, looking at the pq gnfottnat3on in the files, smoke pH has been fakiy nq consistem-between 8veinda-half or pq sixand•a-half for almost all brands, so I don't R+t think there la a relationship. pq 0: How did you detettaine that the smoke pH trq of all of your brands was Sveande-balt to p4l sixanda-halt? pq MS. FORBES: Objection to fota. Pap.11J tq A: I went back and looked to infoemation when • smoke pH has been measured. It's been a very cyclic pt measurement within our company over the years. Some pi years we do h and some years we don't do B.That's pt why I said h's really not a design criteria. It's tq simply being used as a comparison to something else. m I don't even know if tt's real. p 0: Why was Reynolds measuring the smoke pH? pi A: I guess originally as a comparative between poq competitive products to see what one company was ti+l doing versus where ours was.It was just a pA measurement parameter, but it has a lot of other nq things on it. pq 0: Does Reynolds measure the nicotine yield pq of 9u cigarenes? t+q A: If you mean nicotine yield being smoke yield? nn 0: Yes. aq A: Yes,we measure smoke yield.We have to nq measure the smoke yield of cigarettes so we know bow pq to do our advertising and comply with FTC R+1 requirements on advertising of tar and nicotine pq numbers. t:n 0: Could you just answer my question9 If I txI want to ask you the rest, I'll ask you the reat. pq MS. FORBES: No. Don't argue with the PHYIIlS SMALL v. 1+ORILIARI) TOBACCO OOMPANY, et ssL, . Pa9a114 tn wtmess.7ltat's his answer. m THE WITNESS: That was my answer.You ,; tp wanted to know why and I gave you the ttnnuer. Pl MR. MAISTROS: Did 1 ask you why? Can we tq read backihe'quesdon, plase? 1q THE WITNESS: That was my answer to your m quesNoa. pi MS. FORBES: That was his answer. lq MR. MAISTROS: Read my question, plax. uy THE COURT REPORTER:Just one second. n+l Dou.-qu.ation:'Doea Reynolds masute the nsl nicotine yield of its eiguena.r Do you want the t+q answer? . pn MR. MAISTROS: Can you answer my questbn , t+q yes or no? t+q MS. FORBES: Objectlon.He's given you nn your answer. Just because you don't like h,that's t+q your problem.That's his tesdmony. t,q MR. MAISTROS: No. We'ne in from of a tsoi jury, Matilyn.You know he's not coming to NewYork. R+1 I know you won't bring him to NewYork.And I'm not ps going to let him give his self4aving anawrcn on the Rst record.I move m strike everything after ttry trat question. pq BY MR. MAISTROS: m 0: Can you answer my questicn yes or no? pl Does Reynolds measure the nicotine yield of its tq cigarette smoke? w MS. FORBES: Objecdon to the form tq You're entitled to give a full answer to the pl quesdon. tn MR. MAISTROS: No, he's not entitled to pi give a full answer to the question. m MS. FORBES: Of course, he is. t,q MR. MAISTROS: And don't misteptltsent p+l what he's entitled to do. pA MS. FORBES: No, Mr. Maisnos. tsr MR. MAISTROS: He's entitled to answer my p4l questions yes or no if they tan be. t+q MS. FORBES: No.No, that's up to the t+q judge, Mr. Malstros.You can move to saike - t» MR. MAISTROS: But there's no judge here, t+q Marilyn. nq MS. FORBES: You can move to strike and pq then the record can be ruled on later. He is te+l entitled to give a full answer. cm MR. MAISTROS: That's what I've done. t+:p MS. FORBES: Go ahad. R BY MR. MAISTROS: txq 0: Are you going to answer my question? Papa 115 Page 212 • Page 115 (32) M3n•U-8cripts WAGA & SPINEIII (973) 992-4111
Page 52: nui31d00
PHYLi]S SMAIi. V. IpRn r.atn TOBACCO COMPANY, et aL, Pap tsa m 0: Where? p~ A: Cluttanooga, IJncoln, Nebrska and Atlanta. Pi 0: Is h being adverdsed as a less Ml biological active cigarette? q A: No.To my knowledge, the last advertising I sq saw was about the lower sidestream - lower smoke m coming out the St end of the eigatt:ae. p 0: Do you know if there is tuore nicotine in P1 sidesaeam or mainstream smoke? nq MS. FORBES: Objection to the form. liq A: I would have to go look that up.I don't know nq off the top of my head. nq 0: Have you ever been involved 1n any b41 studies to determine nicotine levels of sidatram liq smokel nq A: When the EnvironmentalTobacco Smoke group nn worked for me, we had a labotatory, yes. People were nq involved in looking at that. nq 0: Did Reynolds look at ways to reduce the pq sidesveam smoke of its cigarettes? Qa A: Yes, we've been involved for a number of years ttq of conducting research looking at the way to reduce Pn sidestteam smoke - not only of a Eclipse type tui product, but a regular cigarette that burned down. pq We developed certain papers with one of the paper Papa 157 nl suppliers which reduced the sidestteam smoke rn tremendously. p) 0: In the course of your literature rtvlew, Nt have you ever seen any literature that suggested an sa association or link between nicotine and tumon? oj A: I've never seen any literature which said to me tq that nicotine was carcinogenic or tumorigenic.ln pl fact, IYe seen a number of scientists - even our Iq critics - who have said that nicotine is not ny carcinogenic. na 0:Ortumorigenic? nq A:Ortumoriganic. nq 0: How about its being a tumor promoter? t+q A: I'm not aware of every having tead a sntdy liq where it was a tumor promoter. l+q 0: Do you know if Reynolds has conducted ntl Ames tests on just its fluecured and burley tobacco 1+q that h uaea? nq A: Have we conducted Ames tests? Let me rephrase Pq this. Have we conducted Ames tests as a - as P+l separate tobacco or as a blend7 Re 0: Separate tobacco. aM A: I don't remember.We may have.The literature R•l is already out there and ranks the Ames activity txq already. It's been published for yats. ..xoneRLSt~;p .~n. November-20,199 i P.y. tsa m 0: Is the Ames acdviry between fhu~ttred w and burky diHecrntW tq A: Ya. Iq 0: Wbst is the difference? lq A: To the best of my memory, burley ia more aedve , s9 than fluetvred. Dt causes more revertants In Ames . tn test. p~ THE COURT REPORTER: What's that word? p THE WITNESS: Revettants. ns~ Rrvea•t a-o-M. I++~ BY MR. MAISTROS: na 0: And how about7Lrkish? nq A: I think Twidab is on the low end.It's below nq fluetured, to the best of my memory. liq 0: Is reconstituted made both from liq fluecuted and butieyr nr, A: Reconsthuted sheet, as I aaid ntlier, is nq ralq' au of the small bits and pieces.lt ean be liq made from anything, and that's why there's 16 pq different reconstituted sheet formulations. u+l Depending on what you want within a brand, that 07 ;q sheet can be made up of any different ratios of those Pq tobaccos. p.q 0: So Reynolds knows what different types of Rq tobaccos ate in the different reconstituted sheets? Papa 7 sY lq A: As I said earlier, that.ls the formulation of sq that reconstituted sheet is which tobaccos ate in Pl there at what levels. 141 0: Has Reynolds done Ames tests on hs m reconstituted tobacco sheeta? ol A: Yes, we have. m 0: And how do they compare to fluecuted and m burley Ames test results? Iq A: I'd have to go check the infotmation,but the liq best I remember, they are lower.The best I remember liq the National Cancer Institute, when they did their I+si studies in the sixties said the same thing. nal Reconstituted sheet has lower activity. ~ nq 0: Has Reynolds done Ames tesu on its liq reconstituted sheet to determine if ammonia has any nq affect on the Ames numbers? t,n MS. FORBES: Objection to the fotm. liq A: We have conducted Ames testing on cigarettes nq made from a hundred percent sheet, for those sheets pq containing diammon;um phosphate and without Ro diatnmonium phosphate and did not see any differences. pq 0: How about when Reynolds was using aA ammonia? Ry MS. FORBES: Same objection. pq A: I don't ever remember doing s test head to WAGA & SPIIKEiil (973) 992-4111 Min-V•SeriptO (43) Page 156 - Page 159
Page 53: nui31d00
Robert L. Suber, PL.D., PFIYILtg SMAiI v. November 20,1997 LORrr r.Rn TOBACCO CO11IpANY, et ul., tq A: What's the building? Pap Is * 0: The expansion building. pj A: I dont kaow. µl 0: Does it bave a natne? p A: Not that I know of.I /ust all it the DB?I' M facUlty. DIET arands for dry kx expanded tobacco, m which is an acronym we use. Q 0: Has it always been in the aame bcadon, le A: To my knowledge, DIFfY always been at the pq Tobaccoville facUity. We looked at where we had the n+l space to build a faeLiry to do t1ut, and that was nA the land that we bad to build it on. tnD 0: Ate you funUfar wlth -wben you say tbe nn reconstituted tobacco process - or when I use that ny term - ate there different processes? Is it paper nq maldngaloneor- nrl A: It's aU paper naklag, but there wlll be nn different blends of tobaccos that go in to make the a.l different reconstituted sheets. tm 0: And different additives in those blends? aq A: And ditferent-diffetent addidvea in those Ral blends and different additives used in the sheet. pn 0: Is there, in addidon to the sheet wl reconstituted tobacco, a slurry reconstituted pal tobacco? Papo a9 M A: In the reconstitution process, you make a * slutry.You basically, as I said earlier, you mix up m the small pieces of tobacco with water and grind them µl up and make a slurry.And then you pour that out on nl a grid or a mesh and take the water off of Ic, let it m dry and form the sheet and then you spray the water m back on. p7 0: You don't know of any distinction between sq a paper reconstituted process and a slurry process? nq A: I don't understand your word "slutry.' From na that If you mean if there's a cast sheet process, nq yes, there Is a ast sheet process that is patented. nn It's in the literature. Some companies use it. n4l We've evaluated it off and on for years and arc nu currently evaluating it again. nn 0: You don't use itd n7l A: We don't put h in cigarettes today.We don't diq have a Lvge enough manufacturing facility to unke nq any to do that with. tsq 0: How is the cast sheet process different R+i from the reconstituted alutry process? trA A: In very simple terms - tfi MS. FORBES: Objection to fortn. Go sral ahead. pq A: In very simple «rms, I'U try and tmke h this Ut way. Wbat I call a cast sheet pmcess Is more like a Pap.9o ta jego mold.You grlad the tobacco up, you ndx it up, tu you pour it in the snold, let it geL MI The reconsd[ttced sbeet'pnmss is ttane of pl grinding up the tobacco and pouring it out on like a le screen.I.et the water drip through it or come out. m When it.does that, the pectins in the sheet bind and sa aossbind and form a sheet.And it goes down and In dties and you pour or spray the water bacJc on top. ua 0: Wbat's the KDN ptoaasc n+l A: IZaN process was a process no longer used, but nal used when I first came here to basiaUyndce i+s) nicotine out of buriey tobacco using aaomonia. In nq those days, the burley crop had very - higher levels nq of nicotine than consumers wanted in the taste of uo their products, so we took some of it out. nrl 0: Did Reynolds employ a ptoaas whereby the nsi KDN extraet was added back into some other process nq and used in other mconsdnaed tobacco sheets? pq A: Not to my knowledge.That material was tt+t destroyed. tm 0: Ho.Wl osl A:. Probably hauled off from a waate haulec I Rn know some of it was burned because I told them they Rs1 could put it in the incinentor and use it for that. Pap.91 nl But to my knowledge, none of that exwa ever was ttl put on cigarettes.And to my knowledge, since I've pl been bere, we have never used a tobacco exttaa in Fi this company. µl 0: Would that be true even for experimental N work? m A: I was talkiag abottt products for sale.l pl thought that's where you were beading. Experimental sn works-wete tried different things as an R & D nW group and as a manufacturer to see if there was u 9 different things we could come up with and use, but nA we never sold such products. nal 0: Did you test market such products? na A: Not to my knowkdge. ny 0: Is KDN extract a phrase that you're nq familiarwhh? nn A: Yeah,hia.The"1C"stoodfor-7C'stood pn for burley. It was called butiey. D was for de-nie. nq "DN" was for demic.The burley de-nicking process, pq RDN. tr+l 0: And the quesrion is, if I use the phnse pm 'KDN extnct," is that something that youYe wi comfortable with, using the phrase? Wl A: I'm okay with the - I mean, l'm going to pn define the phrase as that's what I'm going to limit D Page 88 • Page 91 (26) Min-U-Scrtpb® WAGA & SPINEIId (973) 992"4111
Page 54: nui31d00
Robert L Subec, Pks.D., PIIYISIS SMiALL v. November 20,1997 ypRIIIARD TOBAOOD COMPANY, es sil., P.a.2u M observed effects. Does this-up to this point in lq time, an you remember why you are writLog this ttumo m m Dr. Reynolds? iq MS. FORBES: Objection to form. - pl A: No, l dont ssmember. A 0: Does any-do any of the people that you p1 copied on this help you to remember why you were a9 wtiting this ttumo? In A: No.Only-lknowtheirjobfunctions,butI DA don'[ know In the normal course of business I would n q have copied these people with something iiice this, ne but I don't teemember the project or what they wete ne doing here. Ml (PLANPffF'SE)0m1T7MARKIDFORIDFNI'IFICATION. nq 0: Etchibit 7 is dated May 2Sth,1989 fmm nn Iohnnie Hayes to you. It's a two-page document nn signed by johnnie Hayes.Ask you first of aU, if nsn you could look at this document and tell me if you np recall receiving this doeument? pq (WITNESS REVIEWS DOCUMENT.) Inl A: I don't remember receiving the document, but I sm remember the ideas and concepts atound it.And in sm the left-hand corneFthis ismywriting. Ise 0:Whatis- py A: It's looks like a note to my secrctaryto copy Pap.24a ni the following people in R & D. Pl 0: And who did you ask your seaetary m W copy? • Nl A: This memo. pq 0: 1 know,bm who ate the people? sn A: Dick Habetkern who would have been in process m department. Watt Dufour, who I think was in brands sq atthetime.TomPerfetti-Dr.TomPetfetti,who sq was a chemist and working in product development sort nq of concepts.And Dr. Brian Lawrence, who b in n+l charge of our flavors department. nrl 0: And is that your writing in the center? nsl 'File L.N."? pq A: Doem't look like it, but 1 Just don'[ know nsl Doesn't look like it,but- nA 0: Do you know if there was any work done to nri follow up on this memo? nn MS. FORBES: Objection to the form. na A: What I can describe is what my memory does pol serve me about such projects being higher nicotine P+l and lower tu. Webe looked at those off and on over tai the 13 ynrs IWe been with the company and have psl never found a product which was consumer acceptable. pq The reason we did thla was - I think it was pq the Ftvggate Committee - don't know whether it was Pap.26o ta the Fttsggate Committee or the Hunter Commit[ee -- po repott, but 1 thlnk it was the Fmggate Committee -: ts) excuse me - the Hunter Committee repott.And iq Dr. Russell had published for a number of years - m herc it says Froggate - bad published for a number. In of years that tobacco companies should be encouraged m to produce cigarcttes which had lower tar, but higher in nicotine ratio -but higher nicodne amounts in sn order to address this question of compensation which na has been aguded to in the sdend6c publiptions.,_ n+l 0: Do you know if Reynolds has ever utiSzed . 114 mDnopotassium ci@ate? n5 A: To my knowledge, we never have.The proceas M,q described there is a super critical extracdon which n4 is the same sort of process used to decaffeinate nn coffee.And it could be applicable to the tobacco nn induatry to deaS-to basically take nicotine omL nn It's a commonly used process in food processing. nsl 0: And did Reynolds have the technical poi capability in 1989 to remove nicotine from its 11111 products? aa MS. FORBES: Objection to the form. pq A: I'd like clarification of the question. Remove Pq nicotine via this mechanisms pq 0: Any mechanism 1 Pap.2St J pi A: WeO, as I stated earlier, we pad the RDN * process which would take nicotine out. tn 0: When was that first developed? Ni A: I don't remembcc 1 think it was in place when p: I came hete.Over the years we've looked at some pq other azys to do the same thtng.I think the REST m process could have done it. It was an extraction m type process. pq I'll give you another example. We know that we nq measure the G-7 ptocess.The reconstituted sheet n,i process takes nicotine out.You lose some during na processing.The Cr19 process, you lose nimtine. nn Those weren'[ the fanctions of those two processes, nq but they are the result of those processes. pst 0: Was it the function of either G7 or G19 nn to reduce nicotine levels in cigarettes? un MS. FORBES: Objection to the form. pq A: G19 and G7 are processed tobaccos which an pq be used to lower the tar in cigarettes.They are pq not-that process, to my view,is not there for a+t lower nicotine. It allows us to put cigarettes in ~ the lower tar category that consumers have asked for. pg We're not into the 40 milligram tar sales s pq anymote. Most people want the 10 to 12 milligrnm tar ~ Ry and we have to have these technologies to do tlnt. c ~ ~ J 6 Page 248 - Page 251 (66) Min U•Script® WAGA & SPIIVEIII (973) 992-4111
Page 55: nui31d00
t PHYIS.tS SMALL v. EORIIlARD TOBACCO COMPANY, et aL, Papa /aa m A: No.In taa, the oppodte occurs, that we do m the resatrh for Cologne.They pay us for things pq that they think they need. N MR. MAISTROS: Okay. We have to rnhch 91 the tapes a minute. pq THE VIDEOORAPHER: This is the end of m tape two. We'ts going off the record at 2:42 p.m.. tq (RECESS TASFN FROM 2:42 P.M.TO 2:47 P.M) ly THE VIDEOGRAPHER: This is tape three of t+a the videotaped deposition of Robert Suber, Ph.D. p,1 We're going back on the record at 2:47 pm 1+8 BY MR. MAISTROS: pq 0: Now, when you began at Reynolds in 1954, I+q was there a group known as Psychophyaiology? ' P9 A: I don't remembec pn 0: Did you know a Dr. Gimest? nn A: Yes, I remember Dr. Dave Gilbert. hq 0: Do you know what he did for Reynolds? pq A: I dont remember the details of wbat a1l be pq did.The best I remember he was looking at Ra psychological profiles of smoken. RA 0: Do you know why he was doiag that? ;m A: I think to try to understand why people smoked. wl That's what psychologists normally do, so I just Psl assumed that. Papa 1a9 1,1 0: Was there a group known as Smoke m Component Dose? m A: Nothing there rings - is of my memory. I ta don't remember anything like that. m 0: Was Biobehavioral in the aame building m you were In, in '84? m A: Biobehavioral - I'm assuming that's John m Reynolds gmup. John's office, as I remember, was on nn the first floor of the I I Building. His laboratories poi were la otherbuilding,or it could have been u 1 adjacent to that. na 0: Have you heard ofthe Blood Chemistry ns1 group? pq A: Not by blood chemistry, but I don't know what ud that is - those name - those tettos together dont pq mean anything. p71 0: Do you know who Dt Robittaon isW na A: Dr.John Robinsoa' I+s1 0: Yes. pq A: Yes, I know Dr.John Robinson. pq 0: Do you know what he was doing in the 1984 M time periods pq A: No, I don't remember what be was doing Irq specifiaUy 13 years ago. ism 0: Was there a Phatmacology of Nicotine WAGA & SPITIP-III (973) 992-4111 Robert L Suber, Ph:D. NovCmbet' 26,1997 . . .. . . . . Paya 190 . 111 gtoup? . . : :. . .. ,. . . . . , sa A: I don't know these group titlea.I don't t Bi remember these gmup titles.I'd bave to go back to In my filea and see what I had. , la 0: Did you ever hear of a nkodne h1 committee? . - m A: No, never btard of a nicotine committee. In 0: Did you evu attend tneetings whh- ly where David Isbister alao attended where the general hoe topic of nicotine was diacussedP n+1 A: I don't retnetttbc any. psl 0: Did your group have any commercial goals ntp associated with h? IM A: Define "commercial goals.' pq 0: Inarasing the sale of cigarettea. nn A: No, that was not one of my requitements.I was utl to evaluate what we put in the products to be aute we Im were not inereasing the biologic aeZivity. pq 0: Did your group have any involvement in pq any goal of Reynolds that was telated to the issue of Q+] reducing eAtidsma of mwking? pq MS. FORBES: Objection to the fornt. m1 A: No, we were not involved. No one in my group pq to my knowledge was involved in that. Im 0: Did your group have any goala that were Paps 191 p1 related to reducing the declitte in the social tn acceptability of smoking? la MS. FORBES: Objection to the form. p1 A: No.Again, such ideas were not within my m department. pl 0: Did you participate in preparing anyone m to testlfy before Congress on whether or not nicotine m should be classified as an addictive drug? p1 A:Ihelped- hq MS. FORBES: Objection to the form In1 A: I helped prepare some-McJim Johnson for 1121 testimony before a Waxman Committee on a variety of on technical issuea.I don't remember any particular hq one about nicotine. hsi 0: Did you help ptxpare a report that evas I .I submitted to Congress? p>i MS. FORBES: Objection to fotta nn 0: In that same time period12 l,q MS. FORBES: Objection to the form. pq A: I'd have to see the report. Nothing comes to reil memory.If h deah with the technical issues that I Im was responsible for, then I would have done so but I m have no immediate recollection of the report. Pq 0: And how did you help prepare Mr.Johnson im for his testimony? M3n-U-&ript® (91) Page 188 - Patte 191
Page 56: nui31d00
Aobert L Suber, PL.D., November 20,1997 M JUnAr IIp LROBEIRBUBFJI,PN.D..u+Irnqru.rll~tlal Iq IWw rM01M 1a+po.p trtworpl ol eq MphnNo p) hkar on Nw.nqr P0.1007,.M tr..Ipr01 F MqwbtlaobwYVpvOy: pp PAOE LPE CdNECiqN m N IN nn Pa na n8 rq ns na na nn IM pq GATE: p11 awrom rnO.rOwE.a te (rkrI rrr en9Y. _ pai atryol 111117. . pq NOTARY PUBLIC: Pe Pq m STATE OF NORTH CAROLNIA pa COUrrreFOURHAM , pq CERTWICATE M I,GnydaN.,.MOUryPwkhtmatatlr pJ SICe a Nortn CVotrr, do Mr.py Gn/y tlrY tlw. Iq om, DHore rn on Hov.rrWr 20.1097, the p.nten pl MrHMaon n.m.o, wtp INO DMn pwbuwry.wpn to pl IMlly tu the IMn.ny npltlh0 pYt py pYt11 p11W /.1 trqwYtlp.OontAmMp the nrtl.q h OorlrovMy 11 p0 tnY aau..; tNt tM wAm6 w.s IMr.upon aam.r0 1111 unrJ.r onn, lw..unirrtion rWuc.O to typwtllrlp /17/ unGN ny EFW bn; NO the tnlrrerpt Y.InN n8 r.eorG ot the t.stYnnny pN.n by tM w4w.. ryq /IuM.ranlylhtlnnnltwalmnyp pq eoun.l lcr, nnr r.W.C to er.nplvw by, aw n/l tllormy or eounNl .mploy.E by the GNift IrrMo or n7J IFMrily 1Y.r«t.G Y1 the u.11mL nq N W ITNESS W MEREOF, I Irw Mr.to wt my f W hh .nC YIaW m/ aM'ril..d, lli 11M'!!b Ory ot pg Nov.rr0.r.1CG7. ~tI RA CATHYJCNES,HCTARYPUBUC Yfy ConnM.bn WM: 1.1Fifi P.y. 344 P.p.716 PfiYLiIS SMALL v. LOgIIL11tD TOBACCO CO11PA11Ty, e1 tt]„ Page 344 • Page 345 (90) 11l3n•U-Saip!® WAGA & SPIIVELil (973) 992-4111
Page 57: nui31d00
345 1 Page 38 Line 16: Change "or" to "for" 2 Page 40 Line 2: Change "tobacco" to "Tobacco" 3 Page 40 Line 3: Change "company." to "Company." 4 Page 42 Line 19: Change "who made that" to "on" 5 Page 44 Line 3: Change "Just a larger" to "Just larger" 6 Page 46 Line 21: Change "about" to "about," 7 Page 47 Line 13: Change "that that" to "that" 8 Page 47 Line 24: Change "surgeon general's" to "Surgeon General's" 9 Page 48 Line 4: Change "of it by doing what we did was" to "of it, by doing what we 10 did, was" 11 Page 48 Line 5: Change "we were able to" to "to" 12 Page 48 Line 20: Change "talked about we looked" to "talked about" 13 Page 49 Line 17: Change "to consumer" to "of consumers" 14 Page 50 Line 2: Change "We" to''We," 15 Page 50 Line 13: Change "it" to "it," 16 Page 51 Line 11: Change "1987" to "1987," 17 Page 52 Line 23: Change "However" to "However," 18 Page 53 Line 13: Change "was" to "was," 19 Page 56 Line 23: Change "and" to "at the" 20 Page 68 Line 12: Change "say" to "said" 21 Page 68 Line 21: Change "of the" to "for one session and" 22 Page 71 Line 4: Change "occasion" to "occasions" 23 Page 72 Line 21: Change "Outside of research," to "Outside research," 24 Page 78 Line 23: Change "Industrial Environmental" to "Industrial and Environmental" 25 Page 79 Line 4: Change "said" to "said,"
Page 58: nui31d00
344 1 JURAT 2 I, ROBERT SUBER, PH.D., do hereby certify that I have read the foregoing transcript of my 3 testimony, taken on November 20, 1997, and have signed it subject to the following changes: 4 PAGE LINE CORRECTION 5 Page 14 Line 13: Change "use those" to "use of those" 6 Page 15 Line 12: Change "Honolulu Hawaii." to "Honolulu, Hawaii." 7 Page 15 Line 25: Change "Also" to "I also" 8 Page 16 Line 9: Change "University" to "The university" 9 Page 16 Line 25: Change "students in medical" to "students in medical sciences" 10 Page 17 Line 19: Change "gave lectures" to "I gave lectures" 11 Page 19 Line 19: Change "committees, toxicologists" to "committees and toxicologists." 12 Page 23 Line 5: Omit "concern" 13 Page 24 Line 3: Change "allows you fit" to "allows you to fit" 14 Page 24 Line 14: Change "as an" to "as in an" 15 Page 25 Line 14: Change "decision" to "decision," 16 Page 27 Line 9: Change "pathology" to "pathologist" 17 Page 27 Line 14: Change "Paula" to "Paul" ("Paul" should be substituted for "Paula" 18 throughout) 19 Page 28 Line 1: Change "it's Principles" to "Principles" 20 Page 29 Line 16: Omit "Society or" 21 Page 30 Line 10: Change "Counsel" to "Council" 22 Page 35 Line 14: Change "Just don't remember." to "I just don't remember." 23 Page 36 Line 17: Change "verbal" to "verbal form" 24 Page 36 Line 21: Change "Simplesse" to "Salatrim" ("Salatrim" should be substituted 25 for "Simplesse" throughout)
Page 59: nui31d00
~ a PSYilI$ $1NAfI z'~ -~: no~utwtsu roenaoo coMPAnix, a a. M A one.ns. ehemlol caued pap ai sq and another ehne. S was fotmsWehyde. a 0: Which one did you repeeseat the pkbWff tem? in A: The d:bnortwchbtoptopone1 in 0: And what is Womoddompropme tn A: It wu a peRidde thft wu made a attmber of In yearm ago• N 0: Andd how did the phdo~allege he or nol she was e:posed to that peaidde? nn A: There.vere a group of them that tLeyhad wwthed tul aroundthemsnuficturerwhow.smakin`theootapounrd tw and had suffered some advene eNeCts to their tw feedHey. nn 0: Aud what did you teuify with respect to? tM A:1 bosically teWtied that the compound did do Nrl thtt. h was a tozicologinl effea of dohtg that, na and that the people that I observed their mediaal na records did suffer those adveese esYeca that were aa consistent wRh the ehetYdc.1. Rn 0: Who wasthe detendsotin that aW vq A: I dont rememba. taB 0: V7as the tmuu8anrer of the compouod a p® defoadatttW aa9 A: Oh,!'m sorry.l thought you tuant-yes the P.p. aa tn defendant would have been the manuEtetura• I think Rl i[ wu Dow Chemleal. w 0: Did you teauqln eouetW in A: No, l dont think k ever went to coua. in 0: Did you ptovide in eYpert repo~n in that 1g nse? in A: Yn• 1q 0: Do you reurcmber the phintiH's name? la A: No, I don't remember: nA 0: Do you txmember the mme of the aetoraey nn who hired you? na A: No, I don't remember that eithea nsi 0: In the case wbere you represemed the ny defendant, what did you tesHfy with respect to? nq A:1'hat ase had to do with the plaintiff had nn bought a mobik home.They said they were tin over<xposed to formaldehyde and had suffered certain nn heahh effects due to that exposure of living in that nq mobile home. Rq 0: And what did you tetttfy about? pm: A: I testified that their health effects were ru1 ioconststent with formsidehyde expotwe. sm 0: Did you provWe in expett report in thu Pq eeae? pq A: I dont rememba• Page 32 - Page 3S (12) ro O:WaetheseaayoWaaxsthRYou ; ~~ tn teNbed as ao eaFpett In? =' in A:No.tbexwereotherrnesbuttheyaever ~ ' tn .her my e6~hqtlorr;they dJd dot W anTAueLer '. 19 0: Did you erer.prtrride an o:pett rcport in AiOyOthefC~}-a::i.. Pl A: Not t'hat I-aot thu I remembesl oould' :'; : ae have.but IImt doat rememba A O:ApddidyoutbtKylothatcasewheie` °''" nR you weie a defendiM itt oolut? n A: No,the.e nsetaeverwesitto ootut: I+m 0: So ytro'.e onlybeen depoted twloe? ` pi A: Cosrectm pq 0: Youre'ue.er been depoxA sluoe yottre - ` ron been at Reynoldst ' pe Aa No. Ip+i 0: Otha than depoddom and in•ooaat toq terttmony. have yat ever teW6ed nnder oath in any ne retdog? tp A: Ye.L pq 0d Wbex? law A: On behaltof Reynotds in Wins<oanSdem in a Wt nx where the employee was ruiog the compoay Pq rogudnQ his cheastn! expone<e in our paainghK aq plant• la 0: What kind of chemical didbe allege he m was exposed to? p A: I donY remea7bec whleh chenical he uid he.ras ' tq tllpDled m• -_ 1q '0: Now bng ago was thll, in A: Oh.I would ay approxhmtely ten yeaa ago. pi 0: You were not deposed in that a.e? In A: I wu not depcqed, jua gave tenimotqr ht Itl court. iq 0: Do you remember the pldmiC's n.meT nn A: No. na 0: Ia that in wte coart? dsa A: I doet remember-I don'c remember wbieh nq eourt-srate, federal.)ust don't remetnbec nq 0: Have you testified under oath in any nq othersetdmgr nn A: Not to my knowledge. n4 0: Itave you provMed atry tntements whete ne you signed an affidavk and submitted them to any Pq bodyoragepC)9 :rl A: Yes. Certificates regarding disclosures pq required wider law for ingredients and components p:p used in eigarenes in diBettmt eouot+ia. pn 0: In differeat what? aq A: Different oouaulet. MIa-U.Seriptm WAGA dt SPIN8i7I (973) 992-L111
Page 60: nui31d00
Robert L Sttber, Ph.D., November 20,1997 P.ps 176 tn yott know what the nicotine content is of Eclipse? pt A: I think by ealettlttbn, the nicodne contem of q tobacco is like other btenda. h's around M twoandn•half percent blend nicotine. p Q: And the sttake >leld Ia 0.2 to 0.3? 1g A: Corteetm tn 0: And how was R detemdned tltat Ectlpse • would have a 02 to 0.3 nicodne smoke yfeld? A IAS. FORBES: Objection to the formL ntt AcIdon'tthWt-mmy-thepmduawasnever nn designed to have a set nicotine yield.There was no nn magic number. Different prototypes were tried with nal different tobacco types, different configurations. n•l The finad product which was most acceptable to the nq consumer ftom a sensory and fmm a taate point - pn that's bow the product was designed. nD 0: Has Reynolds ever conducted tesas, to nn your knowledge, to determine if there's a difference on in central nervous system effects, depending upon the svl level of nicodne in its cigarettes? pq A: I don't know of any tests where we conducted pal any effects on the cennal nervous system. tal 0: Not limiting that to the central nervous pq system of htmuns? pq A: Again, I know of no place we did that. Pa1.m ~nl 0: The opinions then that you testified W earlier to with respect to the effects of nicotine on in the central nervous system were things that you had Iq read in outside lltenture? Pi A: Yes. I said that Goodman and Uman has a * section in there about central nervous system effects m and outside publications. I'm not aware that weWe s+i ever conducted any research in that area. PI 0: You've never reviewed any Reynolds no: research on the effects nicotine has on the central nq nervous system, whether it be humans or animals? nt MS. FORBES: Objeetion.Asked and nsl answered. p4l A: I just don't remember any research we've nsl conducted in those areas.Thenc may be some.There nil may be - there not be. I just don't remember any. nn 0: Is one of the things you study when you na look at the proptieey of using addit,ves or n.l ingredients the potential effects those additives or po ingredients have on the central nervous systemt lrl A: As a tmdcologist, i[someone wanted to use an = ingn:dient which I thought had a-aas neumtoxk or psl had a central nervous system effect, then I would P.1 evaluate the potential of whether or not we should OQ ute it. P1iYi.LIS SMALL v. LORnv•rtn'IOSACCO COMPANY, et a1, - Pap. ns m O: Have you done tesra to determine central _ w nervous system effect of additives and ingredients? m A: No. Bcause to my knowledge, we arent uaing w any eompounds:vhkh would bave any central nervous m system effect. in 0: Well, when you used nicotine and/or in tobacco apnyed on beads in Premier, did you conduct tq testa to determine the central nervous system effects pl of that compound? na A: No. nq MS. FORBES: Objection to the form. nq MR. MAISTROS: Okay. Do you adnd if we wi took a little break? na MS. FORBES: Sure. 114 THE VIDEOQRAPNER: We're going off the nsl record at 2:25 p.m.. nn (RECFSS TAKEN FROM 2:25 P.M.TO 2:31 P.M.) nn THE VIDEOQRAPHER: We're goiag back on ne the record at 2:31 p.m.. pal BY MR. MAISTROS: pij 0: Do you know what acetaldehyde Is? sm A: Yes.Acetaldehyde is a twoarbon - arbonyl tm or aldehyde. Ra 0: And what role, if any, does it play in nd the smoking process? Papa 179 pi A: I don't understand your question. Playing a m role in the smoking process. tn O: Is- w A: I'm not aware it plays any mle.It'a simply a is1 component of burning any organic matta. ' pl 0: Is it present in cigarette smoke? m A: Yes, it's present in cigatette smoke. m 0: Have you done any tests to determine the pi levels at which it's present) uq A: As I said earlier, it is part of the smoke nn chemistry battery that we run when we smoke nal cigarettes and look at different smoke chemicals. nq It's one of 20 to 25 I would normally ask for and nn look at. I+R Q: Why.a nq A: To see If by whatever we've done to the product n>I - changing the paper, changing the ingmdietua, i+h changing tobacco types or process tobacco - did it nq inacase or decrease the acenldehyde levels. pq 0: Why is that one of the itetns you look at, R+1 though? aal A: Acetaldehyde has been named by a number of Rsi people in the scientific literatune as a compound pq which has adverse biologic activity at certain Q6/ levels. ~ ~ J ~ Page 276. Page 179 (48) Mia•U-Scriptte WAGA A SPINEIIS (973) 992-4131
Page 61: nui31d00
Robert L Suber, Pb.D., November 20,1997 Papa 25e m 0: How wete they diCerem? . pi MS. FORBES: Objection. Pt A: 1 don't remember they were. I think they were p almost the same.I soured both of thetn. but I don't A remember any differences to me as a tosicologist.To p an engineer it may appear diffetent, but to me I m didn't see any difference. m 0: And I believe you testified earliet that m the actual tobacco makeup of this process of nol reconstituted tobacco could be a combination of pt1 fluecm+ed, butley, stems, dust, whatever? . nq A: Whatever the intem of the process development nq people were and the brand development people.You 1A could have different ntios of the different tobacco pR t9pea. nn 0: Was nre given in the mmnu5tcnuing? Or nn is care given in the manufacturing of reconstituted nq tobacco to make certain that the particles that make na up the reconstituted tobacco are of a certain level pol of burieyvetsus ftuetured versusTtttkishW tm A: If the specification for that sheet alls for Rn that mixture and those ntios,yes.I know of no tn system where we check the final product because you ttq can't differentiate those tobaccos once they are in a pq sheet.Wben you look at those tobaecos,you on Pay.257 m differentiate on color and leaf size and texture of tn that, but once h's been made a reconstituted sheet, pj I can't tell the difference. M 0: But thete is a sheet, for eagtnple, that m only contains particles of burley) m A: No, it would only differ by ntfos.I know of m no sheet that would be all burley sheet today, all R flue•ctued sheet, aU oriental sheet. We've tried m some and there may be one or two out there.I'm just nw saying I'll have to go back and look at the sheet nn formulations.You could make one just by changing nr1 that formulation and ask us to put it in production. nai 0: What distinguishes, for example, G•7•1 n•1 from G•7d.> Is it the tobacco or the exttats? nsl MS. FORBES: Objection to the form. aa A: I don't know without knowing the formulation. n7l It would have m be - it could change by how much of nq the water solubles are put back on the sheet. In nn other words, it could be 50 percent of them or 80 pq percent of thetn. P,1 It could be that you could put something in the pA exttact, which I'm wondering here did he do that.It tm could be to throw the exrnet off and just put water an ditectly baek on thete. pn 0: Okay.Thia sentence says to these web PFiYLISS SMAIZ V. LORII Z.ARD TOBACCO COMPAIVY, eti'L, PaOs 256 tn base - to these basc web sheets,the normal extraa, tr puen, G•7•1 or G•74 exnaa, parpn, fa app0ed to .. - m prepare the ffttalptoducts,GG7-1 orG-7-2.Isthat. W something that youYe fam0far with? m A: As I stated eatlie; that would be the water ' m soluble emacts that ate spnyed back on the sheet. m It was the water that was taken oB$om the alttrry an that was originally poured onto the aaeea. So it pq goes back on the tobaccos it come fmm na 0: And sldpping a semence;be says,'Tbe nn special reconstinrted tobacco sheets that approval is nri being requested for contain organic salts malic acid nn or levulinic acid and nicotine sahs of those organic nq adds, paren, nicotine malate and nicotine lisl levulinate, paren. Is that a concept that youYe na familiar wlth? hn A: I vaguely remember some research projects along nq this line of looking at putting either adds or nn bases - of putting acids or bases on sheets and on nq tobacco as a research effort to try to understand snl what products people like to smoke. But I don't- PA weWe never had the ability here in my view to-I ;m lost the thought. Sorry. Pi 0: Never had the abllity to? cm A: I don't know. I lost the thought. No, wetie Page 259 ni never in my knowledge used thepe organic acids on G•7 p sheets that went into the market place for aale. pi They were simply experimental. We may have, but I'm Pl just nying to my general knowledge and memory, these m have always been experimental products. pl 0: And do you know what experimental end m result Mr. Perfetti was using in this particular m study? m MS. FORBES: Objection to form, nA A: I don't remember what his objective was without nq going back and maybe evaluating what the objectives nai of Project GT and GTX were. Knowing Dr. Perfetti, I- nn assumed it was to make a good tasting cigarette that pq consumers would like. psl 0: Could you tum to the laat page mnder nq conclusions? n>I A:Okag nq 0: Md read the second-fitat sentence of noq the second patagraph for med pq A: First sentence of the second pangaph? an 0: Right. pa A: It says,'Nicotine yields Increased with the p>t addition of levulinic add," paren, •apptotdtttately 30 Ln nq percent," close paren,'or malic add," paren, H PR 'apptoximately 10 percent," dose paeen. - ~ ~ N Page 256 - Page 259 (68) Min-U-Scr3pt® WAGA & SpIrTELII (973) 992-4111
Page 62: nui31d00
8obert L Subc, PILD., November 20,1997 Pap.272 tn that phibsophy.What I've said earHer was from pl looking at years of tesearch and ptnrorype ' pp development within R & D, you can change -I guess pi you an ehange that.I bave not seen aay products pq that we've put in the maeketplace that did that. pq I know you can make the mwke pH higher or m increase the smoke pH just by making all burley In tobacco, If you spin believe smoke pH. i still have pl that quesdon.You'rc associating two points here pq that might not be connected in my vlew. pq At the smoke pH that I discussed this morning nal of 5.5 to 6.5, by my calculation almost all of the nq nicotine will be in the charged fotm R wig have a na positive charge on the molecule.And that ratio !n nq my calculation was around 99 to 99.9 pett:ent. nq 0: Does this memo suggest to you that nr1 potassium carbonate was being explored as a use by nq Reynolds for taste purposes? •- nq A: I think if you7l kook under the thitd pm sentence, i[ says exactly that.That it increased p+1 the levels of pyrazines -pytaaine flavortnta and mi nicotine. Rn 0: Now, you wete talking about the anug? taq A: Yeah, under snuff it aays that. But we have - pg I've seen other data within Reynolds that have v.p. 273 ro explored the use of potassium carbonate and measured tn the head space analysis, which is the area above the m tobacco, and that is arue.V7hen you put potassium nl carbonate on tobacco, you will get pyrazines, m pyridines and nicotine released. I said that this pq moming. m MR. MAISTROS: If we can go to what I'll pl mark as Etchtbit 11. lsi (PLAINTIFF'S EXHIBIT I 1 MARKED FOR IDENTI', ICATION.) nq MS. FORBES: Thanks. nn BY MR. MAISTROS: nal 0: 8'a a memosandum dated July ?b,1990. nal It appears to be from you to a whole bunch of people nq on the first page. Do you recall authoring this nq memosandumt nsl A:Yes,Ido. na 0: And what's the topic of this memorandutO nq A: Let tne read the metno, please. nq (WITNESS REVIEWS DOCUMENT.) pq A:Okay. pq 0: Do you recall authoring this memo? pq A: Ya, I do. p+1 0: And the people that you distributed it Rq to, how did you select those people? pq A: It was general management within R & D. Dave Pl:lYilIS SMALII v. LORILLARD'lOBACCO COMPANY, at ii., . .. Pap 274 m Isbister, DiMarco -Bob DiMarco, Cruy Butger, Hayes, R1 Hikleboh- on down the line. Some of the people In Iq my gmup like Ms. Steele. I copied Chuck Blixt, ' p who's an attorney.I copied some people here who pq have - Process Development and Technology, and one (q or two people fmm Brands and a couple of people in tn our Environmental Engineaing group. pl 0: And tbe topic of your memo, is h not,ls sl the list of chemials used by Pbitip Morrb in the na production of ita dgarettes as required by the EPA? n+1 A: The topic of the memo - I,q MS. FORBES:Obieceion to form. nal A: The topic of the memo is a roport I received pq which is publicly available on Seaion 313, pq "emissions` under the SuperfundAaundnunt.The IPA pq keeps a Ibdng-or companies are required to turn na in a lia[ing of chemicals used in their workplace, nq for the list of three hundred or so chemials that nq exist today and provide pouadages to the government pq of air emiasions that are given from their planu. R,1 0: And what are the chemicals that you note cm in your memo? n A: Under pangraph thtee, I talk about the fact pq that from our infotatation there, is that Philip pq Morris did report the use of sulfuric acid and sodium Pap. 275 Iq hydnoxide.And then I stated I do, not know the M reason for this.It may be used in the manufaauring m process. - Ip 0: VPhat about the last paragtapha What does m that say? Iq A: The last on the first page? m 0: Yes. m A: It talks about the faa that Philip Morris does • pq not appear to use ammonia because they did not report hq very much. However, I think at this time Reynolds ' pq was still using ammonia.You asked a question on earlier and I didn't remember the date. nsl Looking at this, Reynolds was using ammonia at n4l that time and we had to report it under Section 313. nq And we had to report how much we purchased and how pq much was lost to the environtttent- nn 0: And- nq A: -versus any that Philip Morris may have nq reported. pq 0: It doesn't actually say that Philip p+1 Mortis wasn't using ammonia, does itT It says they pm were not using large amotmtaO psn A: They were not using large amounts - hrBe a•l enough amounts of ammonia to report is what it saya, pq to my view.There atx thresholds for reporting.I Page 272 - Page 275 (72) Min•U•SerIpb® WAGA & SPINELI2 (973) 992-'1111 3
Page 63: nui31d00
Aobert L Suber, Ph.D., November 20,1997 Papa 136 m My view, as a toxicologist - everything is tn poisonous. It's a matter of dosc.And thenefoee, I fq would say nicodne, as If you were talkIng about Iq water at a high enough dose, h will do something w adverse. ss 0: Dld you or did Smohing and Iinhh or any m other group at Reynolds fund research to look at A whether or uot nicotine in and of ttaelf had any sw adverse effects on the cardiovascular system+ na A: None to my knowledge. h9 0: Do you know of any adverse effects that na nicotine has on the cardiovascular systemv nA A: I'm not an expert in the area, but IOe nn followed some of the literature and read it ova a nn period of time. ptg 0: And what is the extent of your knowledge? nrl A: That nicotine would probably inctrase heart nn tate.It's a vasoconstriaor at some dose.It's nq also a vasod7iator at a lower dose.That nicotine - pal some researchers allege that it may have an effect on Ra blood cells, particularly platelets and how they trti aggregate. = 0: Did you work on Project Premier? p.l A: Yes, I did. pq 0: Was thete ever any consideration given to Papa 137 m replacing nicotine in Premier with some other ta substance that bad similar effects? pl MS. FORBES: Objecdon to the form. µl A: To my knowledge, we never intended to put any pl other compound in Premier than the tobacco that was sn there and the nicotine that ame with that tobacco. M 0: Is the only nicotine that was in Premier Pi on the tobacco itaelft pi A: To the best of my knowledge,that's correct. n0 0: What type of tobacco was used in Premier? p,l A: I don't remember the blend, but we did blend up px1 some tobaccos, whatever the blends were.I don't aiq remember the percentage of fluecureds and burleys. psl It was ground, spray-dried and then cut it on nsl aluminum beads. We changed the physical structure of nn it to be able to get h into that product, ita nn configuration. nq 0: Wetl, Premier did contain tobacco, did it nn not? pq A: Yes, it did.It eontained it in basially two R+1 pbces.One on the aluminum beads, in the capsule. ta7 As I just explained, that was spraydried tobacco. pq And then there was what I alled a blanket or a P•l shroud of tobacco around that aluminum capsule which pq was normal cut filler tobacco. PHYLIIS SMALL v. LOAIT i MT TOBACCO COMPANY, et atly Papa 138 nl 0: And where did Reynolds obtain the Ri spraydtied tobacco it put on the beads? ui A: We nude it ourselves. W 0: Fmm whatt p A: From blends of tobacco.Just gtotmd them up. n We had a spr.ydryittg tanlt apparatus and tmde it pi right them on,he. sA 0: And what was that spnydried tobacco A ealled? nA A: I think the acrotrym we used was GG tobacco. n+1 0: What does that stand forv na A: I don't remember. nu 0: And you call h tobacco because why? n.l MS. FORBES: Objection to form. nsi A:Itwas- t+n 0: Was it in a leaf forms ntr A: In my view. it was still tobacco. It was nn simply in a different physical foem nn 0: Did you view tobacco exttaet as tobacco? Pq A: My view - and I'm not an expert in exeneta, Ra but in my view, I do rtot consider tobacco estracts tm tobacco. sm 0: How did this spray-dried tobacco diHer Pq from tobacco extractaO pm A: Because extracta-let's define mrncts. Paya 139 ia Extracts to me are things that you mix water with R something. Like a solid, grind it up, make a slurry, pi let's say, or a solutlon.You then throw away the µl original material and you take the liquid material R that was leh.That to me is the extact.You s+i extracted that from h.WC still had powdered. in dry-type tobacco form with the CAG tobacco. sn 0: Was stems in this apny-deied tobacco? sa A: As I said, I don't remember the formulation. I Iioi don't remember how many stems or how much burley or n+l fluetured or oriental. I just doesn't remember the i+z) makeup of it. nsi 0: Why was h necessary to sptaydry tobaeco nq on these bads if you had tobaceo in a leaf form in ntl the cigarette? o.l MS. FORBES: Objection to the form. nn A: I don't remember.All I remember is we needed un more tobacco in the product for tobacco taste and to nsi get the flavors on the system.And the way the py product was designed with the capsule, cut 5her p+l tobacco would not fit within the capsule. So it Izzf beame a way of trying to 5nd a physical tobatxo ;q form that would fit within that ppaule. pq Powdered tobacco by itself was so dense that pd flavors and the smoke stteam would not go down that .J Page 236 - Page 139 (38) Dfin-vScrtptm WAGA & SPINELLi (973) 992-4311
Page 64: nui31d00
347 1 Page 101 Line 13: Change "object-" to "objectively" 2 Page 101 Line 14: Change "One is amount" to "One is the amount" 3 Page 102 Line 4: Change "testing" to "testing," 4 Page 102 Line 5: Change "test" to "tests" 5 Page 102 Line 6: Change "test." to "tests." 6 Page 102 Line 14: Change "been the condensate." to "been collected in the condensate." 7 Page 102 Line 25: Change "could" to "would" 8 Page 103 Line 15: Change "reconstituted sheets" to reconstituted sheets," 9 Page 104 Line 9: Change "have to - is it" to "have to use it" 10 Page 104 Line 10: Change "aqueous form?" to "aqueous form." 11 Page 104 Line 14: Change "use" to "used" 12 Page 108 Line 4: Change "the management" to "management" 13 Page 112 Line 7: Change "biorhythmic" to "logarithmic" 14 Page 113 Line 1: Change "to" to "at" 15 Page 116 Line 23: Change "put it in" to "put in" 16 Page 124 Line 22: Change "how much -" to "how much is absorbed," 17 Page 124 Line 23: Change "is doing as well as" to "is doing, as well as," 18 Page 129 Line 13: Change "we did," to "we used," 19 Page 131 Line 19: Change "no" to "low" 20 Page 134 Line 5: Change "Markham." to "DiMarco." 21 Page 134 Line 15: Change "smokeless" to "smoke of' 22 Page 134 Line 20: Change "Ssmoking and Hhealth" to "Smoking and Health" 23 Page 137 Line 14: Change "cut it on" to "coated onto" 24 Page 137 Line 15: Change "aluminum" to "alumina" 25 Page 139 Line 11: Change "doesn't" to "don't"
Page 65: nui31d00
Paa 20B M aometAing youYc mmWar with? pl . A: I would have defined drug or pbaemaceutipl Iq agent very Nmilarly.As I said, to aher the normal p physiology of the body. Iq 0: Does nicotine aher the nortml phyalology ag of the body? m A: We4 as I aaid earlieh it's been reponed In that ft has central nervous system effects and lt'a aq vasoconstrietive and It shrinks blood vessels and nq lncreases beart rate. So in that iigbt, yes, it nq would change the normal physiology, but I wouldn't nA classity nicotine as a drug. h has pharmacological na activity that I just desctibed. na 0: Why wouldnt you clasdfy k as a dtug? nq A:1 wouldn't think h is taken whh that ida or nq concept in mind. Cafteine does the same thing and pn I'm not convinced when you drink your coffee, you're nA after the caffeine for a drug use there.YouYe nsn after the sensory Impact and the tiste. pq 0: Is one of the effects of nicodne m pi1 produce at lean sbonaerm increased memory ability? pA A: I've tead scientific papers that say tbafs one psl of the results of it.I don't know that that's a a.l reason for using h, but that's a result of taking in tal some nicotine. Papa 209 nl 0: Have you seen any tests that indicate tA that nicotine incceases one's sense of arouaal? pl A: No, I've not seen any such studies that that's 141 the caae. gl 0: liave you seen studies where people report In as a nsult of taking in oicotine, a sense of pl pleasure? pi A: I don't know that that was - the reports I la remember reading were not related to the fact of nq taking in the nicotine was a pleasure sensation. It n+l was the smoking - the whole act of smoking was nz1 pleasurable.The taste of the smoke, nicotine could nsl have been pan of it with the sensory aspects it has, n4t but nothing beyond that. nA 0: Do you know what the halt gfe of nn nicotine is in the human bodyl+ na A: No, but I could go look h up.8ut 1 don't na know off the top of my head. na 0: Were you involved at all in the debate of pq whether or not nicotine was addictive? Ri1 MS. FORBES: Objection, overbtoad. ;m 0: Did you have any involvement in that ;q debatNAnyaspeet.> pq MS. FORBES: Same objection. pq A: No, only from venturing a personal opinion but _~ a.a.2,o nl no-I'm not in.olved with the debate of it.I'm tq not an expert on addiction. pl 0: Have you tead any of Robiosoa's papers on pl nicotine addiction.s lq A: Yes, I bave. Every paper which is published in lq Reynolds, I'm the Iast signatory on those documents , pi as 1 said earlier today. So I would have read them. , m I don't know that I remember all the deroR, but II pi would have read them. '. nq 0: What type of Internal protocol do you n+l have before cigarettes an be tested on humansl t+a A: As you snrted this ttanting, any tlme,omeone n>t designs a cigarette or nnkes a change in a design or nq components, changes filters, papera, ingredients; nq whatever, my - one of my groups has to evaluate, 9s nq that okay? Did it inaease the biologic activity or . nrl change anything.r" nn After that, that report would come to me, of nq course, as well as the brand trtanager.If the brand pq manager wants to go outside to a focus group of any nil kind or even an internal panel test, h goes to the R human research review committee which are a group of tm mainly managera with R & D who evaluate the protocols pq to see that h's a judicious use of human subjects. tttl And if that committee rules, it will decide to Papa 211 ul let that go forward if my group lus no objections, tq everybody in the other toxicological group has no pl objections. Or they will-they or even anyone else pl in my group can limit the number of cigarettes people µi ate allowed to have while this is an experimental m product. m 0: Do you allow nonsmokers to be on these p1 test panels? pl A: Whenever the people are recruited, they always nq ask for smokers.The only time I'm aware of when nq nonsmokers have been used is when we wanted to I+A evaluate something like environmental tobacco smoke. . ns1 And ask them to step in a room after someone has Iui smoked in the room and to give us a sensory threshol~ nsl otwhat they Ifked or disliked. nq 0: Reynolds has no written prohibitions n>t against using nonsmokers to test environmental nn tobacco smoke? nq MS. FORBES: Objection. pq A: The protocol - whenever people are asked to do pi1 those sort of things, they are told what the reason pA for ft is and they know what they are exposing wl themselves to. So I'm saying in that light, pq nonsmokers may be used in that light. I don't know pal that we went out and reavited only nonsmokers. Page 208 - Page 211 (56) Min•U-Seript® WAGA Ac SPIIVF.Id.l (973) 992-4111
Page 66: nui31d00
P>ftYiI38 SMAI]L v. LOAn rART'POgApCO rrOltspANY, et stL, Paya i" tit question is did you look at nicotine for Premier in w terms of the content or the yield? pt MS. FORBES: Objection, tnisebataaerizes. M A: 1 don't temember.I honeatly just don't y remember. p 0: Did tLe nicotlne folbw ttte tar in tLe m ase of Premier? A MS. FORBES: Objection to the form pi A: Agaio, withom looking at the - going back to pq the office and looking at the numbers, I don't know. p+t I'd have to see what the tu number was on Premier nn and the nicodne number.The best of my memory is no pto because 8 did not bum tobacco.It was not at the tut same ratio that i mentioned earlier.It was not the pq .8 to 1 rado that I mentioned between tar and hq nicotine. tm 0: Was any of the KDN esnacc utilized in uq the Premier dgateue? pq A: If it had been, it would have been aa a pq research tool. But it was never marketed to my p+t knowledge. pti 0: What was your role in Premier4 pst A: My role was to - I got involved with Premier mt the second day I was with the company. It was to pq look at all the components and pieces they wamed to Paga 149 t+t put together to make Premier or a product which did tn not burn down tobacco. Pl a: Why? Nt A: VFhy? (q 0: Why did your company wam to make that tq productt im A: From everything that I liatened to in pt management, they saw a marketplace for that product pi where smokers had been saying for years that they nq wanted products with less biologic aedviry.And if n,t you didn't burn tobacco, that was a way to reduce pn some of that biologic actYviry.So we thought it had pn a decent market perspective and decided to work on rq it. l+q 0: You're aware of studies Reynolds did pq where smokers said that they wanted less biological pa acdviry? l+q A: I'm aware of focus groups where people have nq asked that and that has been smokers'responses. pq 0: And this is speci6ally prior to R,1 Premiete pm A: No, that's within the 13 years IWe been here. tot 0: And what research were you aware of where tM smokers stated that they wanted a cigarette with heas pat biological activity? Robezt L SI~~~II November Z0,199', Paya t6o ot A: It's been different focus groups when people m were exploring concepts in market research, exploring pl conceptsofwhatpeoplewantedfmmatobaccocompany Mt or in a eigarette. pi 0: Was Premier marketed as a cigarette that ` W had less biological acqvky7 ; io A: No.It was misnomered sometimes as a mtokeless pt cigarette, which it wam't. But it was tmtketed as sn an ahernative - to my memory, h was marketed as an nq alternative to dgarettes which bura mbacro.It had n,1 had a simpler taate.It had a simpler chemistry.It na had very little biologic ac[ivity was the resultt l+sl 0: Weex you hired to work on psemier or tu1 hired to work just in - at Reynolds geneaRy* t+A MS. FORBES: Objection to form. nq A: I was hired to work on all of Reynolds' p>r products as h deah with, as I said earlier, pq filters, papeta, ittgtedienu, scientific infomution, nq what should we use in ptoducts,what should we not paq use In products, how should we test products, what R+t test should be conducted, and that was my function tra when I came here.And Premier was simply one of Rn those projects. n.t 0: And in addition to testing the filters, pq papers, ingredients, did you perform tests on the Papa 151 t,t whole smoke of Reynolda,ptoducts? tn A: Yes.As I mentioned eattier,the general m toxicity, inhalation studies, those are all whole Ht smoke type studies. m 0: And was that for the purpose of tn determining the potential health hazards related to m the whole smoke or specific items in the smoke? pt MS. FORBES: Objection to form tn A: Those tests are designed to look at the smoke nw or smoke condensate of cigarettes which may contain t++l one ingredient versus another ingrediem or have one pq product change versus another product change. wo 0: And what would you compare those t+4i cigarettes to that you were testing? pq A: Again, that's in the eye of the toxicologist or nq the person who develops the protocol.You may wam tm to compare it of a brand formulation change from the nq old formulation to the new formulation.You may want nA to compare it to a Kentucky IR4F which is a light tar pq category product nude for all resarchers to use. It trt was for different issues depending on what your study im hypothesis was as to what you picked to compare to V i 0 er : Md in the course of developing Prem wl wt did Reynolds analyze the nicotine Etanafer efficiency ~ tssl of Premier? W r WAGA AC SPWEISI (973) 992-4111 Mia•USa'ipt® (41) Page148-Page1S]
Page 67: nui31d00
346 1 Page 79 Line 4: Change "Dr," to "Dr." 2 Page 79 Line 22: Change "Dr." to "Mr." 3 Page 80 Line 6: Change "Committee type" to "Committee" 4 Page 82 Line 19: Change "review it" to "review it and" 5 Page 84 Line 5: Change "manufacturer" to "manufacture" 6 Page 84 Line 11: Change "solvents" to "salts" 7 Page 84 Line 20: Change "of its function" to "of listing its function" 8 Page 86 Line 15: Change "used to" to "use in" 9 Page 87 Line 20: Omit "We have a carbon" and change "we" to "We" 10 Page 90 Line 14: Change "very - higher levels" to "very elevated or higher levels" 11 Page 91 Line 8: Change "Experimental" to "In experimental" 12 Page 91 Line 9: Change "works - " to "work," 13 Page 91 Line 10: Change "was" to "were" 14 Page 91 Line 17: Change "Yeah," to "Yes," 15 Page 91 Line 17: Change ""K" Stood" to "The "K" stood" 16 Page 91 Line 18: Change "for burley" to "for burley tobacco." 17 Page 91 Line 18: Omit "It was called burley." 18 Page 91 Line 18: Change "D was for de-nic" to "The "D" was for the denicotine 19 process." 20 Page 91 Line 19: Omit ""DN" was for de-nic." 21 Page 91 Line 19: Change "The burley de-nicking process, KDN." to "So KDN was for 22 denicing burley tobacco." 23 Page 91 Line 24: Change "the - I mean," to "the phrase - I mean," 24 Page 91 Line 25: Change "that's" to "that;" 25 Page 95 Line 3: Change "you're" to "you're asking."
Page 68: nui31d00
Bobett L Suber, Pb .D., November 20,1997 Paya taG pi head.Bu.vhh the testing we would have done, I'm sp comfoctable that thett was no incraae or rhece was p1 no difference in the Ames activity of using atmnonia pi versus tliammoeium phosphate, or not using any of A those ammonia solvents. iq 0: So did Reynolds do tests to daaadne !f . in there was a difference in Ames numbers between ita Pi reconstituted sheet without atnmonia and Its sheet pj with ammonia? ny A: What I nid was 1 am very familiar whh n n information about the diammonium phosphate, that nri there was no difference in the Ames activity between nsi those.And I would bave to go bacY in my records to nd doublethecY the ammonia, but 1 feel eeenin, having nA been here for those yean it was ttsed, I would have na checked that and asked k.And to the best of my nn recollection, there was no difference in the Ames nsl activity of sheets with and without gaseous ammonia. nti 0: You don't recall doing any tests on pq ammonia versus no ammonia in reconstituted sheet? R+i A: I an't go rigbt- pm MS. FORBES: Objection. san A: I an't go right today and pick out that data pv set, bm I can go get the diammonium phosphate data t7y aet. aaps ts, m 0: And had you done tests that showed there m was an inctease in the Ames numbers for ammonia pi treated reconstituted sheet versus notrammonia fa trated reconstituted sheet, what would you have RJ done? tq MS. FORBES: Objection to the form.You ln tnay anawer. pi A: Yhe first-I would have deeked up the need to pl look at an inhalation study and a skin painting nq study. nn 0: You would have what? na A: I would have asked - I would have developed nsi protocols to conduct inhalation studies in attiatals n4i and skin painting studies in animals to see what nn those Ames differences mant. nn 0: What jf the Ames number showed a 40 to SO nn percem increase in activity as the result of the use nn of atnmonia in the reconstituted sheet? nw MS. FORBES: Objection to the form. py A: As I said, I would have decked up Wtahstion pn and skin painting tests.Jtut-jtut the use of cszi that - of ammonia in sheet which is used so much In po) tobacco, 20 to 30 percent, I would have done nq inhalation and skin painting studies anyway. P; 0: W ithout - prior to getting any Amea rssaus smeuX v. LOatr..nn TOBACCO COIdpANY, ex t1, I Par +a pi numben? sq A: Due to the use level, aa a toa3cologist, I, ,~ pi would concerned with that level of h.And I.wul Jd I M1 have gotten the studiei iaidated. ' w 0: And the ame? You would bave done the N same type of studies if you saw such numbers twt in in reconstituted sheet, but in trating burley tobacco tq or flue•cnted tobacco whh ammonia? pj MS. FORBES: Objection to the form ny A: H I had seen any changes in the Ames aetivity nn along that line, I would have gone and done the na larger tests, the more expensive tests that were in nsi whole aaimal systems so I could understand it a. nsl little bettec nq 0: Would thees have to be a certain level of nQ Ames numbers before you'd order those tests? p>) A: I don't make that decision based totally upon i+p Ames numbers. It could have no changes lnAtttes, but nn it's a high enough use level compound or used in the pq righrpbce in the cigarette that 1 would recommend Rn the testing. psi For example, the sugar.I don't see a change ptp in Ames numbers there, but when you use different Rq sugars, and theyYe at high inclusion levels in our uq btnnds and we do inhalation and slcin painting tests. FIQe taa pi 0: Has Reynolds used cora sySUp in the past? m A: I don't remember when we started using high ai fructose corn syrup, but we do use it. I don't Mi remember the date we stitched from one type of sugar pi to another, but we do ttse it. pi 0: What type of test did Reynolds do before ta using that? pi A: As I said earlier, smoke chemiavy,Ames m testing, genotoxicity banery.l IcnowAmes wu in no) that and there may have been one or two other tests. nn We did inhalation studies, and we did skin painting nA studies. nsi 0: How long has Reynolds employed nq genotoxicity studies? nq A: We were doing sotne genotoxicity studies when I nm came here in 1984. We then went out and hired some nri additional genotoxicity people to come in and expand nq the labontory.I have seen in the fdes some work i,q that was contnaed years before I came. py 0: Did Reynolds have an in•bouse pq genotoxiciry group before you joined in'84T Pm MS. FORBES: Objection to the form. ;m A: Yes. Dr. Chin Lee headed up the gettotoiidry p.i group when IBrst came to the companl: usl 0: How many people were in that group? Page 160. Page 163 (~) Min•T-LSeript® WAGA & SPi1vS11I (973) 992-4111
Page 69: nui31d00
349 1 Page 266 Line 19: Change "as if' to "as" 2 Page 271 Line 2: Change "PKA" to "pKa" 3 Page 283 Line 18: Change "Diammonium" to "Ammonium" 4 Page 291 Line 18: Change "ammonium" to "ammonia" 5 Page 304 Line 14: Change "look" to "looks" 6 Page 313 Line 9: Change "bothersome." to "bothersome."" 7 8 9 10 Robert L. Suber, Ph.D. 11 12 Date: 13 14 Sworn and subscribed to before me on this day of , 1998. 15 16 Notary Public: 17 18 19 20 21 22 23 24 25
Page 70: nui31d00
Sobeet L Shsber, PhD., November 20,1997 P.pG is4 n1 nlcotine looks differently lrom the pee+loua psodttct, pq then I want to undetstand why. pq 0: Is there anyth4tg in the eigarette amoke M that has been found by Reynolds to produce aa pharmacological effects similar to nicotine? A A: Not to my knowledge.In looking at the m cbemials. I wouldn't expect that. • 0: So to your knowledge, nicortne ia the • only constituent in cigarette smoke that has a pq phattmcobgial elfect' pq A: No.That's not- na MS. FORBES: Objection, miseharact . pq A: No, that's not what I said n.l 0: What other compound in eigateces- nq A: What I aaid - what the queavon waa, as 1 took nq i[. was you asked does any of those other compounds nn have the same biologic acdvlty or pharmacobgical nq effects as nicodne.And my reply to that was not to nq my knowledge, they do not. t:a 0: What other compounds in cigarette smoke R+l have pharmacological e[feera? ml Ac Weu, each of the compounds I menrioned wili pn have some pharmacological or totdcologial effect at pq some dose. It depends on the dose as to what the Rq activity is or isn't or whether there Is any acdvity Papa ta5 nl that can be measured or nott pl 0: Which of the compounds you've mentioned PI would have similar central nervous system effects? gt MS. FORBES: Objection to the fotm. y A: To my knowledge, none of those - of the smoke tq constituents I just mentioned would have any m pharmacologial effect the same as nicotine. pl 0: Pharmacological or central nervous Iq systemt nq A: Central nervous system, pharmacologial.I use n'1 them intercbangably. nn 0: Iet's make sure we're clear about this nq then. Because that was my original question, and you n4l said there were many that had phatmacologial nq effeCTa& nq A: That have pharmacological effects, but don't nn have the pharmacological effect like nicotine. nq That's what I took your question to mean. nq 0: Okay. So ia h your testimony that there pq are compounds in cigarette smoke that have R+i pharmacological effects other than nicotine? pq A: What I said was there was other- wl 0: No.I wam to take this one rtep at a a+l time so we're clear on the record. pq A:Okay. PSYLLIS SMAtL v LO1tILL14n TOBACCA COMPANY, et aL, Papa taa nl 0: A1T thete compounds in cigarette amnke,.. a7 that have pharmacological effects? Iq A: let me de8ne -Tm baving dif8ctdty whh M this pharmacological effect deMidon. What is the tq definition of pharmacological effect? Do compounds ly have an effect on tissues?And my reply to you is m yes, at some dose they w11l. . pl For exsmple, formaldehyde has been reported as Po animal carcinogen. So at some dose, h wUl a nq pharmacological effect and a toxicological eSect 1111 If you're- if you're defining pharmacological .: np effect as does i[ give some of the centtal nervous pq system activity as nicotine, what I said earlier is tut none of those compounds do,to my knowledge. pq 0: Are you aware of any compound in nq cigarette smoke that has a dmilar effect on the nrJ central nervous ay62emt . np 'MS. FORBES: Objection to the form. nq 0: Similar m nicotine? pq A: No, I'm not awate of any of those compounda I o+1 just talked about having any effect sindlar m tm nicotine. ;m 0: Do you know what a nicotine analog is? sal A: Nicotine analogs, by my de5nidon, are those trn components which may share some structutal similarity Pap ta7 n1 with nicotine such as a pyridine.jing or pyrazine M ring. Iq 0: Has Reynolds developed any nicotine PI analogs? • A: As a tesuh of learning diffettnt things In the • laboratory, we have explored the opportunity of a new m business venture using nicotine analogs to tteat • certain diseases l'ilceAlzheimer's orparkfnson's, • Tourette's syndrome, ulcerative colitis. nq 0: Has Reynolds purchased nicotine analogs n,l in the past? na A: I don't know. oq 0: Does Reynolds have research fadlides pq outside of the United States? nq A: We have a R& D group in Cologne, Gcmuny, btn pq they do not have the analytical scientific I n toxicological abilities of the R& D group in the t+q United Sntes.They arc pretty much product nq dcvelopers. pq 0: Do they have animal research facilities R+I in Cologne? Pm A: No.The only aninnl research facility Reynolds Rs1 has is in Winston Salem ~^ pq 0: Have you ever called upon Cologne to do ~ pq any specific research for you? ~ LD 3 Page 384 - Page 187 (50) Mfa-U-Sea9plv WAGA & SPQ'EiII (973) 992-f111
Page 71: nui31d00
FACSIMILE COVER SHEET DATE: TO: COMPANY: (/. PHONE: FAX: 7 3 3-$ 3 8/ FROM: COMPANY: PHONE: FAX: PAGES INCLUDING THIS COVER PAGE: ~ COMMENTS:
Page 72: nui31d00
348 1 Page 140 Line 1: Change "aluminum" to "alumina" 2 Page 151 Line 17: Change "of"to "to" 3 Page 151 Line 19: Change "light" to "low" 4 Page 152 Line 6: Change "look" to "looked" 5 Page 156 Line 22: Change "of' to "with" 6 Page 160 Line 5: Change "solvents." to "salts." 7 Page 162 Line 3: Change "would concerned" to "would be concerned" 8 Page 162 Line 25: Change "brands" to "brands," 9 Page 163 Line 4: Change "stitched" to "switched" 10 Page 175 Line 5: Change "smokers satisfaction," to ""smoker's satisfaction,"" 11 Page 177 Line 16: Change "there not be." to "there may not be." 12 Page 180 Line 9: Change "hydrocordone," to "hydroquinone," 13 Page 180 Line 10: Change "benzo(a)pyrine," to "benzo(a)pyrene," 14 Page 187 Line 16: Change "analytical scientific" to "analytical, scientific," 15 Page 205 Line 23: Change "there" to "that" 16 Page 210 Line 23: Change "with" to "within" 17 Page 239 Line 12: Change "statement " to "statement?" 18 Page 247 Line 4: Change "Heart" to ""Heart " 19 Page 249 Line 25: Change "Froggate" to "Froggatt" 20 Page 250 Line 1: Change "Froggate" to "Froggatt" 21 Page 250 Line 2: Change "Froggate" to "Froggatt" 22 Page 250 Line 5: Change "Froggate" to "Froggatt" 23 Page 253 Line 22: Change "doing" to "doing," 24 Page 257 Line 23: Change "off"to "out" 25 Page 258 Line 12: Change "salts" to "salts,"
Page 73: nui31d00
Robest L Suber, Ph.D., November 20,1997 Papa 216 tq between smoking and any of thosc dtreaaes you iust Ri mentioned? in A: I would not clafsify myself as a spedallst or W an expett in auaslity.I beiieve there is a A atatistical association with those.As  A toxdcologla, causality means a liale different m thing - a little different thing to me than maybe A some people. in 0: Did you review the motbidity sntdies that nq att published by the federal government? n+l A: I used to receive the morbidttymottality nsl report from the CDC.I haven't received it for nsl several years. nq 0: Why did you review that or why did you nq recdve id na A: It was just a journal that came acaou my desk. na 0: And how does that relate to your worB as nq a tosicologfrts ne A: It keeps me awate of what's happening out in Rq the world.And I had responsibilities forthe R+1 worftplace, too, of employees. It let me know about Rn hepatitis outbreaks, influena outbreaks, things that Rs, we would need to lcnow wl 0: Did that publication list the various Rq events that cause death in the United States? Pap. 217 m A: VGhat I remember, the CDC report was a morbidity Rt and mortality report. Infectious diseasea. Rt food•borne illnesses, Influenza outbreaks - a number pt of diseases. F1 0: Do you have any recollection of what the in largest alleged cause of death was in the United m States when you were reviewing that publication? in MS. FORBES: This is seeond-the second pt objection. For the record, as I understand, the New nsj York class action hu nothing to do with health n+t effects of smoking.As I understand, plaintiffs are nn seeking reimbursement for purchase price of nsn cigarettes. Let me just have a standing objection to nn this line of questions on disease effects since that nn has nothing to do with, as I understand, the nq plaintiff a complaint in NewYork. So just take - nr1 MR. MAISTROS: The only reason I'm asking p4 is because you've presented expert reports on the nsl issues of cigarette design to reduce these alleged pst health effects.You an answer. R9 THE WITNESS: Can you ask the question RA sgain, please? N BY MR. MAISTROS: skt 0: Do you have any recollection of what the Rsl largest single contributing cause of death in the PliYLUS SMtALL v. LORIIZARD TOBACCO COMPANY, et aL, Papa 216 ro United States has historically been.s,. Fp A: To the best of my knowledge, it would pmbably „~ tn be cardiovascular diseases w 0: As a maah of what? , l J N A: I don't know that the morbidity-mortality index in gave as a result of what.It could give a number of m reasons. Smoldng has been alleged.Too fitey a° in diet. Probably be genetia.AS those are factots .. in thrown in. na 0: When did you cease to become a recipient t+tl of those motbidlty - motbidiry tables? nzi A: I don't remember.There's so many things come i+sl across my desk to read, if 1 don't miss them for a tul whiie, I don't go looking. nq 0: What journals do you subscribe to? t+9 A I would have to go get a liat.Thete's nrl probably 30 or 90. Fundamental AppliedTmdcology, nn Toxicology,Applied Pbarmacobgy,Bioehemial nsi To:dcology. Sdence- Rsl 0: You got to - you got to sbw down for R+1 the court reporter aad L Ra A: Sony. Rn 0: Do you subseribe to JAMA? Rp A: Yes, JAMA B in our hbnry and 1 go read it. Rq And people sem me up articles on h, sure.The New Paqa 219 i+l England Journal of Medicine is tkere. Just thinking m about budget, I've probably spent in the neighborhood P1 of filteen to twenty thousand dollars a year in m)ournal subscriptions. So I usually spend an hour or m two each night reading different journals. in 0: Have you ever ptovided any testitnony whh m respect to any governmental regulation in Canada m insofar as dgarettes are concerned? m A: Are we - testimony before a Canadian agency? nst Is that your quesdonW n+l 0: Have you had any involvement at all with t+rl respect to the Canadian government's regulation of nsl cigarettes? nq A: Yes, in light of having to disclose ingredients t+s1 on cigarettes that we sell up thete as well as na evaluation of all ingredients or components used by un our sister company, RJR McDonald. nn 0: 1s that your only involvement? nq A: If our sister company wanted to use some of the psq technologies developed here, I would have a say in Ra that. If they wanted to make any statements or Rrl claims about a product, ] would have a say in that. Rsr 0: How long has Canada insisted that ~ pq cigarettes rmnu6cttuers place a label on their ~ Rs1 cigarettes that cigarettes are addictive? ' m ` ID ~ ~ N Page 216 - Page 219 (58) Min•U-Scriptm WAGA & SPINEISd (973) 992-4111
Page 74: nui31d00
Robert L Suber, Ph.D., Movember 20,1997 Papa 280 m oorreet.s aq A: As I said, I wotild bave to go back and look at m a hiltorial submission to HHS and see how I did pt that.Ide said that two or three times now. I just in simply don't remember how we eLsdSed it at that tq poim in time. m 0: And w wetie pedectly cleu on thia A issue, it's your testimony that Reynolds has never pi employed ammonia in any fashion to achieve a certain ny nicotine blend value? nq MS. FORBEg:ObjeMon to the form na A: h is ttty testimony to the best of my knowledge nst that we have never used ammonia to achieve any na specific nicotine blend valuc. We have used ammonia ncg in the KDN ptocess in which we took nicotine from nq burley tobacco. nn 0: And you've dso used it in the nn reconstituted tobacco process? nsi A: I think so.l would have to go bacJt and bok pe1 at my Sies and see bow we actually used gaseous 0i1 ammoNa. trn 0: You don't know based upon - without rm looking at a document if you used gaseous ammonia in pq the reconstituted tobacco process? Rn A: I simply don't remember whether we used gaseous My.2a1 n1 ammonia. I really iust- I know we used it In the • ICDN process, but I don't remember the other place. I pi know that we use diaaunonium phosphate to date in that Nl process.l remember it was a substitution change at tR the time. tn 0: Do you know what G7A is? m A: Cr7A was when we exposed G7 sheet to ammonia. p) 0: And those were - that was used in pl commercially sold cigarettes? nal A: Ithinkltwas.That's correct.As Iremetnber n+l the product development, it made the product taste nxl more like the consumer wanted itL nq 0: Was the primary use of ammonia in the iut reconstituted tobacco process to affect taste? t,q MS. FORBES: Objection to the form. nn A: Yes, it was to affect taste of the cigarette t+n when the reconstituted sheet was used. nal 0: Does it have anything to do with nsi affecting the handling capabilities of the aR reconstituted sheeV snt A: At that dme when we did Cr7A, I dont thlnk trr so - not to my knowledge. ps1 0: Did you ever prepare a white paper on why tm: Reynolds employed the use of ammonia in ita Itsm tnanu6crntring process? r> .' ~ . .:~ ..ou.. .. PIiYIi.IS Si1fA1I V. LORIILARD TOBACCO COMPAIVY, et aL, , papa aa2 ni A: I don't retttember if I did or didn't. tq 0: Did you ever commlasion or direa .;. pt somebody else to prepars sucb a paper? M A: We have prepared - I know we have prepared a pa paper on the tue -the infortmtbn backing up the . m use of atumonia and what it did or did not do in : m eigarettes. an o: And waa that submhted to the federal -. tm gowetntnente nte A: No, h was not. n+1 0: Have you ever advised the federal . na government in any submission other than your HHS list t+sl as to why or how you uae ammonia in the nnnttlacnuing nq process? ny A: I have not supplied such information -ya, I nn have supplied a document to the FDA whenever we sent nD information on Eelipse.To my knowledge we discussed nq diamtmnium phosphate in thee and what h did.And t+q in that case, h was a burn retatdant.I'd have to pq go back and re-read the document to be certain. R,t 0: Have you ever submitted or participated mi in the preparation of any documents that were psl submitted to the FDA or any other fedenl agency w1 concerning the reasons why Reynolds utilized gaseous pri ammonia in the manufacturing process? ... papa aas -J nl A: I don't remember. ~. pi 0: And the same question. Did you ever m submit any papers or assist in the preparation of any µt papers that were submitted to the federal government ' m as explaining the reasons why Reynolds employed. M diammonium phosphate in the cigarette manuheturittg m process other than ENipse? m A: I have submitted a notation to Health and Human tn Services, CDC and the Office of Smoking and Health on nsl our use of diammonittm phosphate and ammonitun nq hydroxide as required under the Comprehensive Smoke nrl EduationAct of 1984.They asked a year or two ago, nst what were the functions of each of the ingrediems nut that we had in the -on that list. t+ct And on that list as best I remember, diamttwnium nn phosphate was noted as a fla.wram and as a nn processing aid. I'm more in the category of leaving a.i it as a flavotant. Diammonium bydroxide was alao nsn noted as a processing aid. Pq 0: Did you disebse to the federal R+n government in any fashion that DAP was used to affect RA nicotine values or yields? tm MS. FORBES: Objection to the fotm pn A: I did not disclose such infotmation to the FDA mm because I do not believe that the information I have Page 280 • Page 283 (74) Min•U•SeaipoD WAGA & SPINELIi (973) 99Z4311
Page 75: nui31d00
247/4 Insert " at beginning of answer 249/25 "Froggate" to "Froggart" 253/22 Insert comma after "doing" 258/12 Insert comma after "salts" 304/14 Add "s" to "look?" 313/9 Closed quote 326/15 Space between comma and "ammonium" WM0687I00.01
Page 76: nui31d00
Robert L Suber, Ph.D., November 20,1997 Papa 240 M 0: What's his postdon today? Pl A: He's a director, but I nnR remember the ttame t9 of his gtoup. He's a ditt:aor and priacipal ro scientist p 0: What was ProjeaVRPt x A: I'm going to have to have some realm of M reference here. i3enuse I don't remember all those M aaonyms. Withkt the projects I look at within the r•i company within a year.I may look at SO or 60 na projects and I nn't remember all of the NNe n,l actonyms and what they stood for and what the project nrl was around. I need a point of reference. nsl MS. FORBES: Jack, before we start the tul next document, could we take a quick beeald n4 THE VIDEOGRAPHER: We're going oBthe nn record at 4:01 p.rn. nrl (RECESSTAICIId FROM 4:01 RM.TO 4:13 P.M) na (PLA WPffF'S E1CH1BiT S MARKEDFOR IDiITP1'IIriGT1ON.) nq THE VIDEOGRAPHER: We're going back on paq the record at 4:13 p.m. R9 BY MR. MAISTROS: mt 0: I handed you a document dated Jantury = 18th,1989 ftom)ohnnie Hayes to Dr. Gentry. Do you P.1 see that doeument.s im A:Yes,Ido. Papa 241 M 0: Who is )ohnnle Hayes? Rj A: He's a toxicologist who was at one time working Pl in my gtoup. . ih Q: And how about Dr. Gentry? m A: I don't remember which project this was toward. pl I'm having to deduce by who wrote it and who was m involved.I don't remember Dr. Gentry being on  m Premier group or product development group.I don't pt remember in which context here that Dr. Gentry would noi have been involved.l just don't remember. n9 0: Does this document have something to do nrl with Premler) psl A: I don't remember. I'm saying at one time I n.l thought be did.l don't remember what this whole nq project revolves around. nq 0: In )anuary of 1989, you were Johnnie pn Hayes'supervisor? nn A: I would have to go bac7c and look as to which nn time.Johnnie was-Dr. Hayes was originally hired rq to work in the tox research area. He worked for me R+1 under the Premier time ftame.And I'm just not auro w when this-whose he'a repordng to in the time im fnme this was going on. P.1 0: And what was the status of Premier in tssl January of 1989? PBYILIS SMALL v. gpxtt r aun TOBACCO COM;pANY, et a1, PaOa 242 M A: Again, t don't have a spatial time here in w dealing with this.l just dont have a akadar to i tq recollect all those time and dates. Nl 0: Do you recall recelViog a copy of this p1 memorandum that you're reflected as being copied oa) ln . A: I don't tecatl rscelving h. but again I see my m handwriting in the upper nlgho-hand corner. tq 0: And what does your handwridng say? te A: lt oys,'File tmder mbacco estracts " nal 0: What word is saatched o8? n n A:1 think - looks like nicotine. Maybe I would im have etossdUed it under nicotine, but tmybe I:' n>r changed my mind and did ttot taoss•ffk 8 them. nal Just filed it in one place. nq 0: Do you have a file referred to as tobacco nq ntnacts0 n>1 A: Appatently at the time in the Sdentific fq Affairs atra, I did have a Ale.It's my wrhittg.I nq probably would have kept one. tq 0: Were you awate in January of 1989 that P,1 Reynolds was doing work with the use of rm tobacco•flavored extracts containing high nicotine pal levels? r+q A: Webe looked at extracts off and on for the 13 t+s7 years I have been wiW the company.I will teli you Paya 243 n1 that I'm not in 8vor of using them and have written tA documents to that effect.l am not aware that we tn have ever used what I defined as extracts earlier in • a market product which was sold.WeWe used them as ol a research tool to explore ideas and concepts.I Pl simply am not aware of what this project would have m been involved with. tq 0: Now, on the second paragraph, it says sn nicotine in very high concentrations is highly toxic. nal Is that true? a+l A: I will agree that in high concentrations im nicotine is toxic.As I said earlier, many compounds n>m depend on the level - depend on the dose as to what nu1 their toxicity is.And the literature supports the im fatx that nicotine in high concentrations is toxic. nsl 0: Does this appear to be a complete copy of nn this memonndumt un A: As I said earlier, the words read in order from nq page to page.I'd have to assume p, pq 0:Inthe- u+l A: I just don't remember these particular memos. pa 0: In the fourth pangraph h saya, t.q 'High•nicotine flavor extracts should be handled in a PMl manner that discourages aerosol formation." Do you txl know why Mr. Hayes was advising Dr. Gentry of that? Page 240 • Page 243 (64) Min•U•Seripbe WAGA & SPIIVELiI (973) 992-4111
Page 77: nui31d00
ERRATA SHEET ROBERT L. SUBER Pg./Ln. 15/12 24/4 30/10 40/5 47/24 50/2 51/11 52/23 53/13 71/4 79/4 84/5 95/6 102/4 Insert comma between "Honolulu" and "Hawaii" "you fit" to "you to fit" "counsel" should be "council" Space between "of' and "Nabisco" Should* be ",Surgeon Generall Insert comma after "NC" ~ ~ Insert comma after 1987 Insert comma after "However" Insert comma after "was" Add "s" to "occasion" Change "Dr," to "Dr." Change "manufacturer" to "manufacture" Insert comma after "yesterday" Insert comma after "testing" P-19 134/20 163/4 175/5 180/10 239/12 "Ssmoking" and Hhealth" should be "Smoking" and "Health" "Stitched" should be "switched" "smokers" should be "smoker's" "benzo (a)pyrine" should be "benzo (a)pyrene" "statement." should be "statement?"
Page 78: nui31d00
~brtT- -rEIYluS s1HAUL v. -LORtt;.•4T1 TOSAOCO OOMPANY, et aL. Novcsnb,v 20,199'. Pap.2M . - .:.. -... Paps 246 tq A: Where in - I'm sorry. m MS. FORBES: That and "mutagenic."Those in 0: The fourth patagnph, not-fourth ai two words do not set well whh you. . w numbered paragnph. in MR. MAISTROS: They do twt set well with Isi MS. FORBES: Paren fotu. n7 me. in A: Oh, I'm sorry.l had aieeady eouttted tq A: Teratogenic is a term used in toxicology m t9 paragraphs down. It was like number two. A mean the effects upon unborn fetuses even aaybe m I would assume.As I sakl earlier, nicotine is m newborns, but to have in effect upon the unborn p readily absorbed through the skin, through the htttgs R and air, orally.And if you look under the OSHA nn regulations, you have to handle pure nicotine or nn compounds containing high nicotine levels with a n great deal of carc.That's just general laboratory ne safety. nq 0: Okay.The next document is Ethibk No. nq 6. no (PIAWI'ffF'SE71OIT6MARKEDFORIDENTMCATION. ntt 0: Is this from you to Dr. Reynolds dated nq March 16th,1989? Do you recall preparing this nq memonndums You can take a look at it obviously. pq A: Yeah, I'0 look at it. IN (WITNESS REVIEWS COCUMENT.) p-0 A: Again, I don't - again, I don't recall a tnemo trai that's eight years old. But i[ has - looks like my p.) signature. It was something in the course of my pq responsibility within the company to address. Npa 245 nl 0: And you've would have kept this document Fi in the ordinary course of your employment at tn Reynolds? µt A: Yes, I would hive. in 0: Now, in the second paragraph you atate, in -Phe acute toxicity data report that 1.0 m mi0ignmsAdbgr+ms may be lethal to humans.*Are nn you talking about nicotine? s9 A: Looking at the subject of the letter, it says na toxic nicotine Icvels.And that's probably what the n9 literature quotes acute dose,which is like a pq onrtime dose or very short duration dose, which nn would equate to - for a normal man, probably 70 nsl millignnu may be lethal. nsi 0: Second sentence, "A toxic effect (nausea) nsi has been reported with a total intake of two to five nrt milligrams of nicotine." Is that trueT nn A: I'd have to go back and reference the pq litentute.I find it probably consistent, yes. pri 0: The netct pangnph, what is p+t tentogenic - you can say it for me. I'm just pa botching h all up. lar; A: Teratogenic. tal 0: Tentogenic.Ibe always had problems pq with that word. in usually white they are stlll in the womb-be they y rats, dogs, whatevec nsl 0: Could you read this paragraph for me? n+j A: 'Ietatogenic effects have been reported as low nq as 1.0 milligrams per kilogram in monkeys via the nn intnvenous route.0itdio.nscular abnormalities have na been reported in a hutmn when 40 micrograms per n9 k0ognm of nicotine is eonsumed via the ornl toute. t+9 Tentogenic doses of 5 to 60 m0ii®rams per kilogram t,n have been reported in other species." nn 0: And in the third paragraph you atate. nn `Blood and left ventricular pressure were reportedly pq increased with 2.0 uMlkg via inn2venous o+j administration or 50 tM via Infusion in the rat tta respectlvely." What does that meaat pi A: What this means Is that blood pressure and pq pressure in the left ventricle of the hean have been pq increased ln rat tnodels or tat aaimal systems when Papa 247 nJ they were given nlcOtlne,via inttavenous doses or it infusions. m 0: And the next sentence ays whatt Ni A: Heart rate has been reported to increase with R administration of 5.0 miao molar [sicd via in petfusion of in in vitro dog heart or with 0.126 m milligrams per kilogntn intravenous administration in m a pig." tq 0: What does that mean? nA A: It says that at those infusion levels, that the n,t heart rate has been reported to inetease in the 1121 literature. nal 0: What does the next paragraph say? t,q A: It says,'Reduced neonatal lung weight with the nst occurrence of small eell size has been reported when uq the maternal rat was adminixeted 0.25 milligrams per 1171 kilogam." t,p 0: What does that tttean? I+sl A: What it means is that in newborn rats, that pq there's-there'a a stnatler lung and weight than txq animals that were not administered nicotine. lin 0: In the next pangaph you say in isd determining the low dose effect of nicotine or in p.i defining a, quote, "no nicotine; unquote, effect, Im none of the above doses are expected to induce the WAGA & SPIIVELI•I (973) 992-4111 Min•II•Script® (65) Page 244 - Page 247
Page 79: nui31d00
Robert L Suber, Ph.D., Novrmber 20,1997 Papa 200 nl R'eee unable to verity that he received the degree or p) utended the tmiverstry in the titne fnme that he p) aid so. M Q: Now, would your group - I call your y group, Sciendtic Affiirs. Is that 6tlr? p A: CaB h Scientific aad RegulatoryAffiin. m That would be Lir. m 0: Row would ScicndScA,Caira react,lf at sq aB, with another gtoup such as Biobehaviotal' nq MS. FORBES:Objecdoa pq A: Within the Biobehavforal grpttp-this is a Im ptimary example, I'B use- Dr. John Robinson was ps) able to assess smoker-the way people smoked nq products and maybe what their blood nicotine was. He - nq had the apability to do that within hit group.If I nq needed to know that, as I discussed earlierabout nn lcvulinic add then I would have asked Dr. Reytwlds' nsn gtoup to conduct those tests for us using outside (iq smokers usually. pa 0: Well, how would you - I mean what's the Ra connection between Robinson's test and levuliNc mi add? am A: I gave that as an example. I remember askiog py in that question - the time that they wanted to use pq that material, l wanted to know what the blood Papa 201 tn nicotine levels would be if you put that on the W ptodua.We discussed that this tnorning.And p) therefore, I would have asked Dr. Reynolds' group - pt particularly, Dr. Robinson - to conduct a test in iu smokers of cigarettes with levulinic or without pq levulinic add.I want to see their smoke profiles, m how large a volume they took and what their blood la nicotlnes would be. ia 0: Why were you - why were you interested nQi in the blood nicotine? pv A: I said earGer this morning, I wanted to know na by putting that ingredient on the product, did people na substantially change the way they smoked the product tW or did the ingredient have any effect upon blood tu) nicotine levels? Were they higher or bwer? t,a 0: How many compounds are in dgamte nn smoke? I pq A: In normal cigarette smoke? I'd have to tell ps) you what I bear and see. Probably five or aix pq thousand. Rn 0: Well, how do you select nicotine out of fq those five or six thousand compounds to look at) ps) MS. FORBES: Objeetion, miacharacterlaes. pq He just is simply giving you an example. pq A: I picked nicotine because that was the one that PHYLLIS SMAII, v. ],ORn rART TOBACCO COMPANY, et atl., n1 I was ;. Papa 202 really Interested In.There ara not assays to w do blood levels probably of acealdehyde, aetoleio, p) formaldehyde - that was not one of the questions M that I had. 41 iq 0: Have you ever appttrved grants by Reynolds iq to outside agencies for research? m A: Have I approved outside agencies? Do you mean p) univendrks or do you mean agencies like governmem im agencies? pq 0: Ehher.Aayrhiag outside of Reynoldat i,e A: Yes, I've approved certain research proposals uq to some medicai schools. ut7 0: Who did the outside tea on Premier? nn A: I need you to define "outside teat' ),y 0: Other than Reynolds. pq A: You mean toxicology tesdngl on 0: Anything other than Reynolds. un A: I remember Baetelle did some toxicology p9 testing,anirml testing.And I think it was pq Microbiologial Associates did some testing on the sn) geootoxidry, as I remember. px) 0: Anyone else? pq A: At one time I think we dW some work at A. D. saI Little on toxidry testing in animala. pq 0: Did any universities do any outside -J paps 203 ta testing on Premier? z te A: I don't remember.I'd have to look in my m Ales.I don't remember. p) 0: Is the nicotine in tobacco stroke in a m particulate phase, a gas phase or both? * A: I'm not an expen aerosol chemfst, but I think in probably both. I think in mainstream smoke, it would µl be mostly particulate. sq 0: Did you know how nicotine is metabolized poo by the body? That is between the particulate phase p+) and the gas phase? lia MS. FORBES: Objection to form. pq A; My opinion as a toxicologist,it would not be lul metaboliud any differently once it'a absorbed. psl 0: Do you know if the absorption rates an is) different for nicotine in the gas phase versus the 1171 particulate phase? i,q A: I don't know. But knowing what I know of smoke ne I would expect most of the mainstream smoke to be in tan the particulate phase - the nicotine to be in the p+) particulate phase of the mainstram smoke. ml 0: Do you know if the gas phase nicotine ia wi tnnsfetxd into the human body? Pq A: Nicotine is readily absorbed in my view pq regardless of the phaae it's in.The lung is huge. Page 200 - Page 203 (54) Min-U-5cript® WAGA dc SPIIVELtI (973) 992-4113
Page 80: nui31d00
PHYLLIS SMALL v. LOR>;*.•An TOBACCO COMPANY, ex aL. P.y.2b2 la 0: Do you know what the origttul purpose w behind reconstituted tobacco was? _ pt MS. FORBES: Objecdon to foem. tn A: No, I don't remember the original purpose.l 15 do know it was tested in the shtdes by the National It Cancer Insriane, but I don't know= I don't m remember the original purpose. Iq 0: Do you know what the origlnal putpose ~ behind the use of expanded tobacco was? pq MS. FORBES: Same objection. n,t A: To the documents I read In the company and am I+a familiar whh, to be used-to albw us m have a nn tool to reduce tar. Iwt 0: Did you ever read anything that It was a pq tool to reduce the amount of tobacco necessary to nq produce a cigarette? nn A: That Is also a function or a n.auh of the I,q function of using expanded tobacco.You put less - nq what 1% csU cut sller in the pmduct, you71 have pq less tar.And therefore if you want to put less n+l tobacco in, youll get less tar. pq 0: And do you know if the motivating factor pn behind the decision to use expanded tobacco was pat originally to reduce tar or to save tobacco? pq MS. FORBES: Objection. Par 263 til A: I don't know. In O:Okay. It (PIAINTiFF'SE70IID7f8MARKEDFORIDEKI'1FICATION.) Pt MR. MAISTROS: Thanks. A BY MR. MAISTROS: la 0: Exhibh 8 is a three•page document from tn T.A. PetTeni to you dated August 31 st, 1989.And It again, feel free to read h.1 want you to do la whatever you have to do to answer my question of ny whether or not you recall receiving this document. nil (WITNESS REVIEWS DOCUMENT.) tta A: Okay. tist 0: Do you recall receiving this memorandunar nsl A: Mr. Maistros, on a daily basis 1 have a stack t,q of mail that's probably six inches thicJt.And that nat goes on five days a week, 52 weeks a year for the 13 prt years I've been here, if not tnore.I can't remember nn each mettm. pq It was wrinen to me. I do remember that pq Dr. Perfetti was working in these areas as an p,t experimental concept for a period of time. So 18ttd Im the memo consistent with what he was doing to my gq memory. pq 0: Okay. And it appeata to be a true and pst accurate copy of Mr. Perfetti's memo? Robert L S»>xr, Ph.D. November 20,1997 Papa 26I m MS. FORBES: Objection. It A: I can't tell that.l do read in hete ,omething pl about a Tab1e 2.And I aee noTable 2, ao 1a«me w 8isnotcomplete. °,!:-, - . . _ Iq 0: Do the pages appear to f1ow, though, faom It one m the neat? In A: Tbe pages do appear to fkrn 5om one to the . . .. s1 next. pr 0: Are the 8Ne numbers in the right-hand • nq coma eonsecudve?Tbat is 3550 through 3552? n4 A: That ia correa. I+r! 0: Now, in the first sentence, Mr. Pedetd lsl says that he's requesting approval for the use of a nq high nicotine containing reconstituted tobacco sheet ns) in tobacco blends for Project GT and GTX. Do you un know what those two projects are? n>, A: You asked me the question earlier in the day. nn I don't remember the directives of those projects or l,n what they were for.Aa I satd, I cant remember all por the projects and acronyms around. I just don't teu remember.Sorry. tm 0: Okay.And then the next aentence,lt pn says the reconstituted tobacco base sheeta are either trq G7-1 or G7•2 base web products.Are those things tm you're fam8iar whh? Papa 255 I+t A: I would have to go bacJt into 1989 and look at R what the formulation was for G7-1 or G-7-2.That !s M the way we number our sheets.And so I - I mean 141 we're up to like G7-50s these daya. So I fiad that ' ly understandable. I just am not aware of what was in It G7•1 versus G7-2. m 0: And G7•1 and 2 are reconstituted tobacco W sheets? It A: Within our company, all reconstituted sheets not are given a G7 hyphen number.That's Juat n,t consistent with the company, has been since I've been ntl heti. .- nto 0: What is a base web pmduets lut A: As I explained earlier, when you make nq reconstituted sheet, my understanding of that would nq be that when the slurry of the tobacco pieces that u>t are gtuund up, poured out on the form of the nn srreen-that is called a base web.That is the nn base sheet.And then the water extract ia put back req on and that's what he's saying here.These extracts p+l are applied back. t::! 0: And in 1989, how many different places p was reconstituted tobacco ttunttfactured at Reynolds? pq A: We had two production lines to the bat of my psl memory. WAGA Ac SPIINFSLi (973) 9924111 Min-U-ScriPi® (67) Page 252 • Page 255
Page 81: nui31d00
AobeK L Stsber, Ph.D., November 20,1M Paya 296 m 185.FORBES: pbJtctlonto the form. pa A: The sensory aspect of usiag this material in a m product. M 0: Where does it say the sensory aspect? p A: That's whu I think it meatts. q 0: Wbere do you get that fmm? * A: These are questions that would be asked along Iq that line. Y you look down hete, there's burn rate, * puff count - how many puffs you get per cigarene. nsl Dtaw - bow batd it is to dtsw or pull the eigantte. pq Those are ideas for the consumers to like a product na or twt.If it's too hard to draw, they won't smoke nsl it. ny 0: Those an always sensory aapects? nq A: Those are evaluations consumers give us back If pq they like our product or not. p>l 0: They are all sensory aspecta? pq MS. FORBES: Objection. nn A: I answered it the best way I know how.Those pal are things that people tell us they like.If it ml burns too fast, doesn't buta right, they don't like Rt1 it. pA 0: Is the burn rate - pq A: If it has too few puffs, they don'c lLte k. psi 0: Is the bum rate a sensory aspect? Pap.2a7 nl A: it's a subjective evaluation by a consumer. m 0: Is the free versus bound nicotine a w sensory aspecO pl A: I don't know what that means. I really don't. aB 0: What's the next heading for questions an that are going to be explored? m A: 'Physiology Secdon 1.' pi 0: All right. What's the first hem listed? le A: 'How does nicotine elicit a response" -or ny response, excuse me. Question mark. pi) 0: On the last page you see what long-range nrl or non-levulinic acid approach is? t+>9 A: Yes. m 0: And what is the longrange plan for other pd ways to raise nicotine or lower tar? pn A: What this says that there- pn MS. FORBES: Objection to the form. pq A: This says there are other ways that you can nsl change the tar and nicotine ratio that should maybe tq explored.And it lists two, fouG aix- seven R+t alternatives to be evaluated, is what I take it. pa 0: And what are they? sm A: Use of sodium hydroxide in filters. Project pal SIT, which I don't remember the focus and what it pq did.The use of pH rnodifiers,The use of Satnvet- PHYLLIS SMAIS.-;v. LOnn raxn TOBACCO 0O31D?ANY, et aL, Pap.2oa m whleL agaia. I remember the name. bm 1 dont m remember what it's about. , pp Alternate fitlers. Potassitun carbonate, and it ~ w nys to reduce coal temperature which probably mrans . p burn temperature or burn rate-and basic cuittgt. -.,, p 0: Doyoukoowifanyoftboreahetmtives ,.,.;'. m were explored on this pstsject? ; N A: I don't remember. sq THE WfTNESS: I'm getting too old. Vol MS. FORBES: Do you need to take a bttak? 111) THE WITNESS: No,i71 be ill rightL t+q (PLAINTW'SEOIIBIf 131NAR1LED FORIDEIYTDTGTiON.) pq BY MR. MAISTROS: . lul 0: I'R show you a doeumem dated August 26, na 1991 and ask you if you recall receivtng this i,q doctuaentO hrl A: Just looking at k quickly, I don't remember, uq but let me read pan of h. t+sn MS. FORBES: Thank you. pq 0: What's the subjea thle of thia pq doentnent' pa A: Gn I read it &st? n MS. FORBES: Yes, you may.Yes, you may. p4i 0: What's the subject thle mlled> tm A: Well, l'0 read the subject. R,ewliNc Acid PaQ.2aa i+l inTobacco and Smoke." pl (WITNESS REVIEWS DOCUMENT.) N 0: Was that your "received' atamp on this it) memo? N A: Yes, ttut boks Wte h. * 0: Do you recall recehing this memo on - m August 29th,1991? pq A: No, I don'[ recall receiving the memo.I do pi recall some of the subject of the memo. iiol 0: Do you know why Dr. Perfetd would have i++l been advising Cooper Rees, R-re-s, of the levulinic pq acid in tobacco and smoke and copying you on that pn memo in August of '91? rq A: Yes. Because Dr. Rees worked for me and pq Dr. Perfetti would be interested in the Sct that isl levulinic acid was naturally present in tobaccos or Inl else it was formed during the pytolysis of tobaeeos. un That way he has the concept that if i['s already on t,q tobacco, that h would be okay to use - which is not vm a concept that I as a toxicologist would agree to. p+l 0: Do you know what projea or product this sal was in reference to? pq A: Within the time fnmes of all the others .youde p41 given me, any of those it could have been.l don't ;m remember specitip Uy.This one doesn't quote a t N D Page 296 - Page 299 (78) Min-U-Scriptm WAGA dc SpIIVPjjj (973) 992-4111
Page 82: nui31d00
PHYii1S SMAI1L v. 'LORII]A1tD TOBACCO COMPANY, et nl., Papa 340 at established that Reynolds !irn employed ammonlatton pq to incrtase nicotine tSaRt(er, you would not know pl whether that was or wasn't the case? Mt MS. FORBES: Well, objection. p Mischantterizes.Assumes 6tts oot in evidence. A Vague. m A: I don't ever remember reading documents which Iq stated that. pt 0: And you've never read any documents which I+aq looked historically at the reasons why Reynolds Otl employed ammoniation in its reconstituted tobacco I+q processes? . liq A: As I answeted, I just don't remember those n•t documents. I could have read them I jun don't liq remember. t+al MR. MAISTROS: Iet's go ogthe record nn tor a minute and see if Ican - nn THE VIDEOGRAPHER: We're going ogthe liq record at 7 p.m. py (RECESS TAKEN FAOM 7:00 P.M.TO 7:0g Y.M) pq THE VIDEOGRAPHER: We're going back on tq the record at 7:08 p.m. prg BY MR. MAISTROS: ph 0: Dr. Suber, have you provided any expert n reports in any tobacco litigation recently in the Pap.341 tIl last two years) pl A: I don't understand the question. Have I Pt written a report to anyone in particular? µl 0: Yes. PI A: I mean- tn MS. FORBES: He means it like an m expett- an MR.MAISTROS:Asa- pl MS. FORBES: -report that would get pol filed in court with putting you on as a wimess? pit THE WITNESS: Not that I remember. t+rl BY MR. MAISTROS: t+s1 0: Has anyone ever asked you to prepare to pq testify in the last two years as a witness in a tul tobacco ase other than this deposition? t+n A: You mean have I been served or someone tell me 1171 I may have to testify? t,A 0: Has somebody told you, you may have to I'o7 tesw. pol A: Yes, someone has told me I may have to testlfy. p,t 0: In court as opposed to deposition? py A: No, I would have to testify in a court caae, ;q but it didn't say in court. I'm sorry.l didn't Pq understand the question. pq MR. MAISTROS: Okay. Marilyn, could we Robert L. Shbar. Ph.D. ! ' "November 20;199 i - _ .:. _-..... ._ .. .___..... Pagai42 ta ma:k the exhibits you took out to be copie& Can we M also mark them In this deposidon.s Do you have any pp objection to that? Once the copies ate ande, we'll rl just mark them totuetvdvely. : Pt MS. FORBES: I don't have any objection: ° po MR. MAISTROS: What did we end up with. m Dr. Suber? tn THE WITNESS: Sixteen. pl MR. MAISTROS: So we will smdc these as t+al 17,18,19, 20. 1+9 (pIAINCffF'S ElOIffiI7517,18,19AND 20 pn MARKED FOR IDFNfIF7CATION.) pq . MR. MAISTROS: And I believe that's it. psl Four more - but once we get thet, we'll conlSrm usl that. pel MS. FORBES: That latge atack Is not nn comingin?Isthat- ua MR. MAISTROS: No, these arn in the t+sl Norman. psl MS. FORBES: Okay. R,t MR. MAISTROS: Let me just count them for Pm a minute. We have two which was in Norman which pst we'll mark aa 17, okay? sa1 MS. FORBES: Number 2. pq MR. MAISTROS: Number 2 in Norman we'll Papa 343 t+t mark as 17 in Suber. pl MS. FORBES: Okay. Number 6 Norman would PI become 18 Suber? Iq MR. MAISTROS: Yea. Number 7 Norman m would become 19 Suber. Number 8 Norman wilt become tn 20 Suber. m MS. FORBES: Okay. PI MR. MAISTROS: I believe that was it. Pt wasn't it? It was four. t,q MS. FORBES: (Nods head up and down.) t+,l MR. MAISTROS: Okay.Thank yow t+a Dr. Suber. I have no further questions. t+s1 MS. FORBES: I have no further questions. nv This concludes Dr. Suber's deposition. liq THE VIDEOGRAPHER: We're going oHthe uq record at 7:11 p.m.. 117) (SIGNATURE RESERVED.) nn (DEPOSITION CONCLUDEDAT 7:11 EM.) I+Q Ro1 111f1 ItW P>! an R9 w WAGA & SPINELiI (973) 992-4111 Mtn-U-Script® (89) Page 340 - Page 343
Page 83: nui31d00
IPt1Tli13 -w• •• V. a.ORtr t An^ TOBACCO COMPANY, a aL, Par 309 (PLAINTIFF'S EXHIBIT 16 MARKED FOR IDENTI ICATION.) sq 0: Exhibk 16 is dated)uty 2Ut,1993. pp IPsfiomGaryBtugermC.W.Ehnnutn.WhoDC.W. Mi Ehmsnn' p A: Dr. Ehtman was formerly the ezecmJve vitt pi president of R & D, research aad developmem. in 0: And you'te being shown as copied on this sq memo. correctT in A: Yes. pq 0: And do you recall receiving a copy of n+i this memo - appro:ittnteiy)ttiy of 1993? pa A: No, but let me rad a liede bit of itL pa (WITNESS REVIEWS DOCUMENT.) py A:Okay. pe 0: Havfng read the memo, do you recall t+q toceiving h' pn A: No, I don't recall teceiving it.I remember nt7 the subject matter, but not the enet tnemo. t+sl 0: Was - what is invett sugatl pq A: I'll have m go bacJc to my ehetndsuy now k's pq a type of sugar that we use in casings within the pa company. stn 0: And what is Camel RU? pq A: I donY remember what Camd RU was. Looka Wce w a Camel project to change the formulation of Camel or Papa 309 ro Camel brand, and the use of high fructose corn syrup pl as a replacement to the invert sugar. N 0: Do you know Y that was done? ' q A: I know we use high fructose corn syrup today. M I have not looked to see if we use it in all of our in bnnds or how many of them. But whh my tn understanding of the time, yes, we tested high pi fructose corn syrup.And to my knowledge, my group sv accepted that it was okay to use in products and pwl we've used h across a variety of brands today. uq 0: And- i,a A: Again, one of those compounds that we would psq have conducted skin painting and inhalation studies pU On. I+n 0: And this author refers to the ammoniadon p4 of G7 sheets in the second pangnph. Do you see na thatV pq A: Yea, pq 0: It says,'i.e., G7-18.' Do you know if pq at this point in time ammonia or diammonitun phosphate ¢+) was being used in G7dg? = A: Reading this tnemo, that's what it ays.I psi would have to go back and look at the master list of pq G-7's that weWe kept and see if I an look it all up gm and understand the formuladon.It's hard to Robort L Su-ber, Ph. > Novembet 20,199 , P.p. ato m understand when you have SO or 60 Cr7 sheets over the a9 years as to which one each one was daling svith. :. pi 0: And the sentence goes on m rckr to a Nt combination of ammoniadon with bat-tnated tobacco w anracts in fr7 sheen,l.e., Cr7 2S. Do you know :. N what that is in reference to? i+l A: To the best of my metnory, the, Bquid that we p took fmm the slurry of tobacco that we mendoned m earlier with the reconstituted sheet,tbat water U+q slurry of tobacco was heated probably with diaatmonium na phosphate In it, driving the reaction flavors which I t+n mentioned earlier today, which used ammonia with the ust naturai sugars that would have been in tobacco to n•i drive that reaction to reaction flavors that t+8 consumers normally like in gravies, maated nut t+n meats, coffee, cocoa or chocolate, things of that pn nature. n4 0: Whleh of the C.7 sheets were heated? i+q MS. FORBES: Objection to form. s+a A: As I said arlier, I7I have to go back aad p+1 look at the master lirt. I don't rentembere tm 0: More properiy, do you know what estncas pm were heatedt wi A: My memory says that the exnact that cdme from Pm the tobacco that I described this morning with the Pap. 311 m process, where the tobaceo was mixed with water. rn Then that sheet - base sheet Is potued out on the pi web.The water was pulled aside. It was m heat-treated along with ammonia to drive this - ssi reaction for flavors, which ia one of my rasotis why pi 1 think diammonium phosphate is a flavor.And then m that extraa was reapplied. It drove those reaction p+ flavors that I've been discussing. pi 0: Was the tobacco extract haavated for iroi each of the various types of G-7s? t,n MS. FORBES: Objection. i+a A: Within the best of my memory, that would have i+s; been part of the G-7 formuladon.If the formulation t+q stated that extract was to be heated for 7N amoum i+q of time at'Y" tempenture, then it was done so. If pq you changed the temperature or changed the time it t+n was heated, it would have another G7 number such as uio G7-38 or it would be given a different formulation pq number. pol Q: But wu all the extnct regardless of the R9 G7 number hated? ~ pA A: No, not all the extnets ftom all the Cr7s were ~ pn heated.This was one particular G7 sheet made this ~ p.) way. n t:g 0: Wete the resuhs of the bating-I'm m ~ w Ln '9VAGA & SPINEIII (973) 992-4111 Min-U-Script® (81) Page 308 - Page 311
Page 84: nui31d00
Robert L Suber, Ph.D., November 20,1997 LORIIIARD TOBACCO CO117pANY, et aL, Prp. sas pi 0: If you look atToxlookogy) on the pp third w-last page? . • A: Yeah,ldon'trememberthespecifics -whath Nl would have meant for a chem tox phn.Tbat would- sn those would have been terminologks we used to pi evaluate the smoke chemistry as I mentioned eadiec m The genotoxldty and the animal toxieiey to geuetace N the proper chemical and biological data to assure pj ounelves that the use of the material was consbteat nq with our company policies. nv Iaoking at the "handling stoeage, I'm asaumiog nA at this time that Industrial Hygiene still reported na to me and that would have been a question, how to , nn bandlc this in an operational setting for employees, n8 0: Okay.Ieoking at the second page of thia na document, it's entitled "Process' Do you see that? nn A: Yes. nn 0: And then h llsts nine thiags. Do you nq see that' poi A: Yes. pq 0: Who would have been charge of the process Rr portion of this ptojecl.r Can you tell from the tan inhhls at the botmm? sal A: I recognize Dick Haberkem's initials.That sal was the one - the one person I remember who was pape 299 pi working on the REST process and what I call process pl chemistry.)ohn McKenzie as well. I'd have to look w up the other inltials. I don't- pi 0: Do you know why the functional team had p to determine If there were additional sources of sn nicotine at Reynolds in doing this project? m A: To the best of my memory, we were exploring the p) feasibility of using nicotine lcvulinate based upon po some of the research work that was being done.This noy is pan of a normal evaluation of how would you make n9 it and what would It cost, just the normal process - nA excuse me-ptodua development system pg 0: And how about under the next page, nq ehemistry? Do you know why Reynolds was looking at a ns) comparison of KDN effluent to pure nicotine as set pq forth in hem four? nn A: Yes, I do remember thatk h wu a question- osl if you want to make nicotine levulinate, would it Vq have been simpler to do it from simply purchasing the py nicotine from India or ftom-I think Eastman p+l Chendcals sells h. Or to use the KDN eftluent, pq whfch I had tnentioned earlier today. It was a pol matetial which was actually thrown away, which was an pal extraction of burley tobacco and would have been high pq In nlcotlne. Page 288 • Page 291 (76) 19 0: And do yon know why the chemistry portion Papa 290 pl of this team was looking at the effect of pH on smoke pl nicotine ykld as set fosth on hem six? iq A: As 1 staied earlier, it's a good Iq pharmacologial concept that If you ttse acids or sn bases, you oan change the release of other acids or in bases.It's just a normal concept to evaluate that : so to see if that's something we wanted to do. Iq 0: Do you see aay evaluation of anything ua other than pH and nicotine on this sbeet? n,t MS. FORBESi Objectlon to form. nq A: Would you please restate the question? pq 0: It says `effect of pH on smoke nicotine ra yleld.' Do you see any exploration of any other nsf effect that pH might have on any other compound other nn than nicotine? nrl MS. FORBES: Objecdon to formm no 'A: No.beauseasaseieadst,thatwas-would ral be what I would expect. pai 0: You would expect whats n+l A: I'd expect that to be a question to be asked sm and auswered.If you'ts developing a higher nicotine ;m lower tar product and you're trying to change the pH m by using different chemicals, that ia the question nd asked. Have we changed the pH of the smoke, if you Papa 291 nl believe that' And have you changed the nicotine RI yleld? * 0: All right Under the next page, µi analytical methods. Do you know why Reynolds was pl looking at how to enrich the nicotine in the 1tDN pi effluent in the vapor phase underneath hem six? in A: Yes, I remember the fact that ICDN is burley m tobacco, is also high in nitrogenous materials - a7 nitrosamines, nitrates, nittites.As a toxicologist, na this is something that we would not have wanted to na do. If you can get those materials out, we would ua look to - what I oll remove those unwanted nn materials from a RDN effluent. n4l 0: And what's the connection to enriching ne nicotine in the ItDN effluent? nal A: I assume that's by taking those other things t+n out, that's the amount of nicotine that's Ieft.You nU can take out the water pan and some of the amrnonium nq pan of the KDN and you're left with more nicotine pq there because you're taking out water, nlaosamines, an nitrites, nitrite - nitrates. It's a process of tzn etimkution. asl 0: Well, are you saying that in the KDN R•1 process you don't reduce the nicotine? osl A: No, what I'm saying- ' Mia•U-ScrIpt® WAGA dc SPINEiII (973) 992-4111 PHYLi1S SMAhL v. 1
Page 85: nui31d00
.1,()Rrr i A4N TOBA`(,(,Q` COMpANY, et s1., . Noveatber 20, 195 . .. Pap/264 pl in rtry fiJes addresses that.ln tact, the Information tq I have says that the pH has not changed and the smoke * nicotine has not changed by the use of diammonlum M phosphate. m 0: What review of Reynolds' documenu did iq you undertake before submhdttg to the FDA your m position that DAP was used mainly as a flavotam and w aecondarily s a procesqog aid? pl A: I would have reviewed all the research hq memorandum which were kept in our Iibriry.I would p+l discussed this with the chief flavorist, Dr.Brian nn Iswtence.I would probably discuss some of this with l+sJ the processing peopk. IM Therc are three theories on what diammonium I+q pbosphate does, and so it depends on the level. One nsn as I said is a material which forms reaction flavors, p71 which is really no diffenm than the same son of rsi food processing that you do using ammonium salts. pq Mother group within R & D believes that it's pq really a processing aid and It changes the pecdn p,l release capabilities of the tobacco cellulose at some im level of apphntion of diammonium pbosphate.Md pai another group, if you apply a higher level of p4l diammonium phosphate, h becomes a burn rerardaot. pq So it has three functions depending upon the use, Pap.2a5 m level and where you're using it. pl 0: The functions that the FDA asked you to pl identify, or Reynolds to identify with respect to the Nl use of DAP, when you provided that information to the im FDA, did you do so under oath? M MS. FORBES: Wait, objection. tn 0: You testified - and we ean back up and p/ look at how you characterized tt. But you said at Iq some point, H1IS - I'm sorry,lDiS - not the FDA. hq HHS asked you to describe the functions of the use of I++l various cbeminls including DAP? na A: The Office of Smoking and Health and the nsi Centers for Disease Control under HHS-we are hq required each year to Sle with them a list of nil ingredients, all tight) nsn 0: Right. nn A: lastyearortheyearbefore-Icsn't im remember which year-they asked us to send them im additionai infomlation on the functions of each of Pq the ingredienu on the liat.They asked the entire pq indusuy.Md we as an industry provided the pn functions from each of our companies that how theae im things worked to the best of our knowledge - to the pq best of our knowledge.Md I'm telling you our sul submission listed d'ummonium phosphate as both a nj processing aid and.s a fiaronat. p.p aas pt 0: Was that under oath? m A: No.It was iimply a request fmm CDC and we te provided it voluntatily: pi 0: Do you know what Philip Morris listed at In the fimction of DAPi M A: Within tbat Nst that's jiven to lglS. I would Iq not have known wbat other compades put down. I pi would have only known what Reynolds added.And a pq company could have had the same notations as we had n+t and I wouldn't have known what they did.And I don't I+q remember any discussions around it with anyone. I+sl 0: There was no public disclosure then of lul what the other companies gsted as the function of nn the use of the addithes9 h.1 MS. FORBES: Objecdonm ua A: Thcre was no - as l remember, there was no ual discussion even among the companies, nor was ft I+q public.We consider these things trade sectets and pq we try to protect our tnde secaets. R+1 (PLAINTIFF'S EXHIBIT 12 MARKED FOR IDENTli ICATION.) prl MR. MAISTROS: Eshibit 12 is a Deeember pM Sth,1990 memo. pil MS. FORBES: Thank you. pq BY MR. MAISTROS: Pap 287 0: i understand it's a multimpage document, but do you recall seeing this document before? • (WITNESS REVIEWS DOCUMENT.) A: Yes, I remember h nguey. 0: Md what waa-what was Project XS? A: I don't remember the directives of Project XB. I'm looking at the informntion here. It was involving levulinic acid, a way to maybe use levulinic acid to reduce the tar or change the tar to nicotine ratio. 0: Do you know whose handwriting is on the fust page? A: No, I don't. 0: Md what functional team were you assigned to? A: I don't remember. I'd have to go through and look at my initials at the bottoaL It looks like - 0: How about on the first page? Does that help where h lists the functional teams and then the person? A: It says Toxicol Md that's where I saw it ~ ogy. ~ over here, under Section j forToadcology. J 's role with m 0: Md what wasToidcolo gy ~ respect to Project XB? A: I don't rcmember. S ~ J N WAGA & SPDVEILI (973) 992-4111 B'I3II•ZI•b'erlpts (7;) Page 284 ' Page 28
Page 86: nui31d00
Robert L 8ober, Ph.D., Novembet 20,1997 Pays 1!A tn Aeynotds In 198&t? What buitdingi aq A: In the R A D building. tt's 611•12, that's the pl terminology. M 0: And who else wu located !n that tq building - groups, not everybody? tq A: R& D management was on the third floor. I wu m on the second floor.Tbe Hbnry.The people that A did the focus group testing were in that same tA building. p9 0: Were attorneys assigned to that buRdioge nn MS. FORBES: Objection to the form tin A: Yes.7 think for a whlle, the attorneys' nq offices were in that building right outside the nq dbratg nq 0: Have you consulted for any other tobacco n.t companies other than Reynolds? n71 A: Have i consuhed -befote I came here or aRer pR I ame here? nn 0: Ewter. py A: NeBher. Rn 0: Have you attended meetings where there tatt were attorneys for tobacco companies other than im Reynolds pmsentv pq A: Yes, I bave. Pst 0: When you joined Reynolds in 1984, did Pap. 169 m Reynolds have a animal research facility? tp A: No. we did not. We built one after that. pt 0: Where was that facility located? µt A: Where did we bulld the facility? pl 0: Yes. al A: We built the facility right across the strcet m fromRBD. pi 0: What was it alled? al A: It's called the Tox Research Building. tin 0: Did you do any research to determine if n+l prior to 1984 if Reynolds had an animal research n:, faaRty? nsl MS. FORBES: Objection to the form. n.l A: From information which was within the files of nq the library and things, there was a - what I'B caS nq a biological research unit within Reynolds in years na past. nn 0: Where wasthatloateds tin . A: Historically what people have told me, the pot research building which is right here down the street tr,l above Reynolds' main office - headquarters. tm 0: And what years was that group in tm existence? p41 A: I don't hnow. Rq MS. FORBES: Objection to the form. PSYLiIS SMALL v LORsr *•4D TOBACCO COMPANY, et aL, Papa iTo b~ at ap pl In tn 0: Why did it go out of ezistence? MS. FORBES: Same objection. A: I don't lmow that ehher. 0: Did you hear any storles? MS. FORBES: Same objection. A: No. Just that that was not a direction for : m research they wett tahmg. , w 0: Never heard a story where the animal sq research facility was dosed down by Reynolds ' nq managemen$ : n+t MS. FORBES: Objection to the form tin A: No. Dr. Sam Simmons works for me, and I know tin be was employed there at the time. But he's never tin told me that. He said aanagement just took a tin different research direction. tin 0: Wereyouptesemwhenall-rmsorrye nn In 1984, whose idea was it to creau a sepuate tin animal research facility? tin MS. FORBES: Objection to form. w A: I assume it was Dr. DiAfarco because he hired us aq to come do the toxdcobgy.And the people he tza hired-Dr.Hayes,Dr.Butgerandtttyself-weteaS thl animal type biologists. So by their hiring us, it tay was very evident that somebody in management wanted psq such a research facility available, either directly Pay.171 m or through comrnct. z m 0: What association, if any, did you have m with John Reynolds when you began at Reynolds? pt A: I think John Reynolds, somewhere in there, and m I'm not too sure when - started working in Walty to Hayes's group. He was assigned to work in WaUy's m group, but I don't remember.That was right when I m camc.A year later, I don't remember. pl 0: Was he on the same level you were in ost terms of supervision and responsibility? vit A: John and I had the same tiHe.We had na different job functions, but he was a manager as nsn weil. nn 0: Now, earlier when you testified that you tin were unaware of any research Reynolds had done to tin determine minimum levela of nicotine required to nn maintain smokers'satis6ction. do you know If Mr. tin Reynolds engaged in such research? tin A: I don't remember anyone in the company ever oq doing that.I have no memory of it. R+1 0: What is your understandiitg of the tole im that nicotine plays in an individual's decision to, tal continue stttoldng? in tm MS. FORBES: Objection to form. ~ PQ THE WITNESS: I tatt give you ttty opinion _ a, ~ ~ lf 9 Page 168 • Page 171 (46) Min-II•script® WAGA dt SPINffiII (973) 992-4111
Page 87: nui31d00
Robert L Subar, Ph.D., Novembe120,1997 n) MS.fORBES:WeS,ob)ectlon. Pap. 320 it A: You cannot tell from this memo whlch ona were pI actually used or which ones were simply available If pi a product developmem person wanted to call for that p Cr7 sheet in his ptoduct. te Q: You don't know what the'C and the `8' pl mana nea to the sheet? M A: No,IdontmmemberwhattheIC'andr meaa p1 0: Okaq lf-we'R gol[tg m get to h. nq h's later In this documem.I'11 te preum to you nn that thete's a graph that shows'C and's' u nA being - currently being used and acperimennt. MsI A: Well- nq 0: Does that mean anything to you? p9 A: - it mans what I/ust saidd lf B had a`C nn by h then and currently- was currently used in nn ptoduetion.And "E" mant it was experimental sheet nea ne 0: And I- pq A: -twt put in producta for sale }tt po 0: And assuming that to be the case that'C am represents currently being used, can you tell me from pq looking at this sheet bow many reconstituted tobaccos pq employed ammonia vetntstt sdiammonium phosphate? pq MS. FORBES: Objection. Pap 321 dl A: No, I ran't tell ftom this aheet. m 0: How about the titles? Does that help? tq A: No, because sometimes people use the words Ml interchangeably and didn't - and were not consistent sn to my memory.And I wouldn't venture a guess along sa that line. m 0: Okay. So you can't tell from lookiog at p this sheet if the G7-2, which shows reguh r G7-1 R ammoniated means that ammonia was used verstta ne diammotilum phosphate? n+l A: (rke I said, I'm not cettain. Td have to go ne look at it. I dont know if it was ammonia used or na itit was diamtnonium phosphate.Iooking at the date, nq h is - to the best of my recollection, h would nn have been gaseous ammonia. nn 0: Well, go down to G7-10. What does that nn say? tim A: 'DAPTreated G7-1 ' nal 0: So at least looking at this document, it pq would indicate that you were also using DAP treated u+i reconstituted sheet in 19911 tm MS. FORBES: Well, objection.The wi document speaks for hselLAsked and answered. Pq A: That's what the document says. py 0: Now, G-7-7 says that h was G7-1 with PFIYi3Z5 SMALL v. LORIILARD TOBACCO COMPANY, et atl., Papa 922 ro ammoniated emact. i (PI A: CArteet.' . . . •• pl 0: Do you know what that means? . iq MS. FORBES: Same objection. Iq A: To the best of my mcmory, we did as I e:plained 1q earlier. Whenever you took the water extract from ta the G-7 sheet proeess. we looked at the- tq ammoniating that extna and then reapplying that iq eXtrJet back on the sheet wlth 10 again to make nq the - for the sensory aspects of that sheet. n+i 0: And do you know what the disdnction ia nsm between regular G7-1 ammoniated and isolated Cr7-I nq ammoaiated that's set forth underneath the G-7-2 1u1 sheets? 1+9 MS. FORBES: Same objectbn.Dr.Suber nn has told you what he would have to do to be accurate. nn MR. MAISTROS: No, he mld me that- he ny told me that. Marilyn,on- ny MS. FORBES: Just let me Snish.To be ny accurate on the Cr7 sbeers? an MR. MAISTROS: Noe he told me that on the aa lan question. seat MS. FORBES: Okay.1 thought he-and 1 - nq think the testimony will reflect S. He was tw addressing the entire page. Same objection. - Pap.323 nl THE WITNESS: Question agaia,plase?,z tq BY MR. MAISTROS: im 0: Do you know what the di[tercnce is. t<i between regular G7-1 ammoniated and isolated G7•1 R amtnonlated? tn A: Where h says 0-7-1 and G7d?Tl? m 0: Right. pl A: It looks like one of the sheers is ttmde for iq Tobacco Inter - or R.). ReynoldsTobaeeo nq International Brands. n9 0: Do you know what the difference is nq between regular and isolnted? nsl MS. FORBES: Same objection. pq A: No, I do not know what that difference might nsl have been, not without exploring other infotantion. nq 0: Go in a couple of pages, you'll see the nn same list for 1994 - or a similar list. Do you see nn that? This Is for expanded tobacco. nn A: Are you on expanded or G7? Pq 0: Well, mine only has expanded. na A: I have one further back - about two pages from pm the bach, two or three pages ftom the baeh. ~ irm MS. FORBES: It's got theApril 29,'94 na date on top. psl MR. MAISTROS: Right. 00 m Page 320 • Page 323 (84) DiIn-U-Script® WAGA & SPINELII (973) 992-4111
Page 88: nui31d00
2q9:lzt Aoe 't ~ ~ 1so ~~ I r__ q2o5FAE d~ ICA -0-flA - `' --PG -- ~!~71/0 CA•wjl. e Q~..-n.-a+w+tr+.- 'fu t ~.-+*-a"^*+ /
Page 89: nui31d00
RobeR L Suber, PhD., November Z0,1997 m histopathologie-no bblogieaLLy signifinnt p hiaopathobgial changes between these two p reconstituted sheets and this assay. PHYLLIS SMA1]L v. LORIZI.ARD TOBACCO OO11IpANY, et a1, p.p. atu . . .. - ~ Pay.aoa tn 0: And this would have been kept in the p ordinary course of your employmem at Reynolds? p A: It would have been kept ia a 81e that daB - p 0: Do you ktmw why this work waa being done? p A: As 1 taid this raorning, if we use an ingrediem . p at a high enough level that I had a question about m it. if it was used in enough bnads or at a high p enough level u a sheet inclusion in that btand, I p would aet up a series of chemistry tests, biological nq tests- and those Include genotoxidry, smoke na inhalation and akln painting I+~ 0: And bow many- nsl A: For the diammotrium phosphate, we did do such a n•l test when we made that ahee[.And this look Wce the lit pans from an inhalation report. nn 0: How many brands would you have to use it nrl in before you would do auch a teats nn MS. FORBES: Objection to form. lit A: That is within my expertise as a toxicologist pq to make that dedsion.I do not have any esact tt,l number. Depending on the compound, h could be If ml you used one pan per million in one brand. It could ;M be something very simple and you could use ten pq percent in 50 brands, but it's within my scientific Psl and technical expertise to make that call. Pop. 305 nl 0: You an decide whether or not to do pl certain toxicological tests based upon how many p brands the product is used in? µl MS. FORBES: Objection, mischar.aeriaes. p A: As I stated earlier, the scientific decision of p when to do which test is simply a scientific m deciaion.It's based upon exposure, dose, what the p achieved - lntended effect of the material is, what p the literature says about that material.There is a noq wbole series of questions that go into my mind to n+l decide when to do a test and when not to do a test. na 0: But one of the factors is bow many brands nn the compound is used in? na A: I just gave that as an example of how many nsl people would be exposed to the compound. nn 0: Now, does this appear to be a complete nn version of this memo that you were copied on in rn November of 1992? py MS. FORBES: Objection. ; py A: They're sequentially numbered. What it looks R+1 like ia a cover sheet with three attached pages which sm are pan of another report which were aem out for pm comment or cJari6ation to Dr. Rees who had reviewed p.l this repott befote we signed og on the repon and lit acceptedtheinformadon. tq withTox Study 043.. . p ,0:And-11 p A: And whichever chemiat that was involved in mthat mtdy, yes. . ° p 0: And is k your teatimony that - or doa p this document help you pinpoint a poim in time where na Reynolds began using DAF in any particular produd? n+l A: Weil, lookiag at this date and what I sad lit arlier, it kroks like we would have probably tmd nsl diammonium phosphate in the 1992.1994 time hame, or nq shortly after that. We would have done the tox test r9 to suppott the use of moving imo that sort of . nq product. - nrl MS.FORBES:)ust- nq -0: And what- ns) MS.FORBES:I'msorry.Justforthc pq record,]ack-the tmrglnalia on the document.is R+1 that from you? Do you know? pA BY MR. MAISTROg: pn 0: Do you know-tt:cognlze any of the pq handwtiting on this document.t The matgirnlia? osl A: No, I do tun tecogniu any of the wAdng in Pay. 307 n1 the margins. I can't even tead aotlte of it. Looks p like-no. pl 0: What is the thing in this docmeem or w item in this document or word in this document that p tells you what was being analyzed was the use of p diammonium phosphate and use of reconstltuted m tobacco? p A: What triggers my memory is the notation on the pl cover page of G7-25. hel 0: What is tha8 r+l A: That's our notation. G7 is reconstituted lit sheet.And as I mentioned eariier, we numberthose nn sheets as we make them and they become - instead of hq giving each one a surname, they are given numbers lit because they change over time. lit 0: And- nn A: And to the best of my memory, G-25 was a sheet lit made with dianunonium phosphate In hL lit 0: Do you know what G7-1 was.t p A: To the best of my mcmory, G7-1 would have been R9 simply a reconstituted sheet without diammonium p phosphate or any other additive in it' pq 0: And how about 91-118? p+l A: That doean't ring a bell.I don't kttow what psq that is. t Page 304 • Page 307 (80) Mia-U-Sa4pft WAGA & SpINELLI (973) 992-4111
Page 90: nui31d00
P1i11.113 SMA1L v IAR*r 1 aA^ TOBACCO COMPANY, es al., Papa 300 tq particular project. It looks like just a aumunry of to the information that Dr. Pedettl dug out of the p• literature or dug out of imetaal company documents. pl (PLAINTIFF'S EXHIBIT 14 MARKED FOR IDENTI ICATION.) .. pl 0: Exhibit 14 is dated December 16th,1991 Isl from Daniel MerJdey to a atudy fHe.Who was Daniel m MecJdey? A A: Daniel Meckleyls a-is the peeaon in the m toxicology research group who is a supervisor of the nA skin painting studies. n+l 0: Do you know what theTOXOqo atudy Sle nL was? pa A: No, I dont remember the dlCerem toz studies nq with the patticular projea. I have to go bacJc and nu ctoss3eterence the number to the project. psi 0: And you're shown as being copied on this I+rl document. Do you recall receiving this documents n4 A: Let me read through a little bit of it and see. l+si (WITNESS REVIEWS DOCUMENT.) pq A: Okay.Your queaionW p9 0: Do you rt:cali what study this relates to? an A: No, I don't recall the specific study kroking pn at the information here.It is their report to us p.i about changing the dose level of a particular study ps) for skin pahnittg. We nOrntally tea these anian/a at Pap. 301 [9 the highest possible dose to get the most effect we m can to see what the toxic endpoint would be.And it pt says here he has to adjust that dose because the 1.1 condensate itself is too toxic for the attinnls to m live long enough to continue the study. Iq 0: V7hat was killing the anintals? Pl A: 1t was appatently- pt MS. FORBES: Objection to the form. • A: Reading what Mr. Meckley says here, ft was due noi to the higher level of nicotine in the condensate. n+l 0: And does this appar to be a true and nq accurate copy of the December 16th,1991 memo? pn MS. FORBES: Objection. He testified be hq can't recall receiving It. nB 0: You're shown as being copied on h, ate nA you not.> nrl A: As I stated earGer,I don't really remember t+4 receiving It, but it is numbered consecutively and nq would have been something normally reported to me in pal the course of the study. p+j 0: And you would have kept this document in pni the ordinary course of your employment at Reynolda? ;m A: Yes. It would have been kept in theTOX040 pq study file, or whatever that particular study was pq being run at our request.There would have been a ...ef I ,...: ... . . y t *: : ?;ARobe'rt L Sisber, Pls,i November 20, 199' P.y.aoa nl file kept on the entke study subjeas., ,' k * 0: Do the people copied on the doeutnent hdp m you at all m determine what product or projea this w remtea to? , p1 Ai Like 1 say, whhout goloQ bacJt and ." .I Iq crossrefetendng wbatTOX04o study w.s, I an't teS m you sining here.We numberotaatudies : tn consecutively just so we don't have the thles too a7 long and I'd have to aoss4efetence thetaThere am ny cruss,teferences In the file to do to. nu (PLAINTIFF'S EXHIBIT 15 MARKED FOR IDENTI: ICATK)N.) t+a 0: Elthibh 15 is dated November 30dt,1992. nq It's ftvm a Paul Ayres to a Cooper Reea. Do you know nq both of those people? ny A: Yes,1 do.l1ve mentioned both of them nq previously today. Dr. Rees worked for me. ntl 0: And enclosed with the cover memo is a nq table showing various histopathologial findings on ua TOXO zero - or, I'm wrryTOX, dash, 04-3.And pa you're shown as being copied on that report on the an last page? Do you recall receiving this memorandum pq or repottw pn A: Can I have a couple of minuta to look at h? pg Q:,Sute. py (WITNESS REVIEWS DOCUMENT.) S y 19 A:Okay -Y 303 ~. M 0: Having reviewed the memo, an you recall • pi what project or product this memo refers to? pt A: Looking at what's in the memo, it looks like it Rl evaluated diatnmonium phosphate containing pi reconstituted sheet with a sheet without that. m MR. MAISTROS: I'm sorry. m MS. FORBES: Can we just go oBthe m record for just a second. I just heard a page. nq THE VIDEOGRAPHER: We'+t going off the n+l record at 6:05 p.m. na (RECESS TAKEN FROM 6:05 P.M.TO 6:11 P.M ) usl THE VIDEOGRAPHER: WeY+e going back on nq the record at 6:11 p.m. 114 BY MR. MAISTROS: nq 0: Okay.We were looking at Exhibit 15 and nn you were, I believe, telling me what you believed nn this related to? n+l A: I don't remember seeing or n:viewing this pai before, but looking at the text of it,lt 1a a- ~ ~ J m ~ m ~ co w pq looks like pages from a report which was prepared on ;M a smoke inhalation study of reconstituted sheets P whichcontaindiammonlumphosphateandaaheetwhich pq did not contain diammonium phosphate.And ps) Dr. Saganz's conclusion that there were no SVAGA & SPIIVEIII (973) 992-4111 Min-U-Scripb® (79) Page 300 - Page 303
Page 91: nui31d00
Robert L Stfber, Ph.D, PEYIIIS SMAiSL v. Novomber 20,1997 1,ORn r.un TOBACCO OOMPANY, et sl., oapa 329 ro Reynolds had purchased in about this time period for tq use in the manuScntring ptoceu,vvas it? . pi MS. FORBES: Objection. lq A: No, I don't Snd it unusual !n that contest. m MR. MAISTROS: Can we just put that to pj the side? m 0: I'm going to show you what was marked as an Exhibh 6 in the Norman deposhion.It's a December n 19th,1989 document entitled Tlicotine Reduction nq Ptogtam." I ask you if you recall seeing that nn dtrcttmetttbelotet nq (WITNESS REVIEWS DOCUMENT.) nA A: Yes, I remember parts of this document. nn 0: And do you know why you were copied with nq this dotument) pq A: This looks like Dr.Hayes'wridng.And he n>t kept his direct reports informed of projects.And in nq the normal course of business, if he had attended a ne presentation of something that he thought was py interesting to us, he would have had his aecaetary R+1 copy all of us on the infornmdon, pq 0: And ls $ a falr ehanctetization to say pq that this document refers to the REST ptOgranO pq A: That 1 can't address in this doeumentft h pq looks to me like h's a summation of different Ideas Pap.32a nl and concepts for having lower nicotine products using Rl several different processes or different products. pq 0: Could you go to the last page? What's pl the title of that page? pl A: It says, Alterttate REST applications." lq 0: And what ia the firn ptocess egea m listed? pl A: It says, "process effect, controlled Ncotine " pj 0: And what's underneath "produa issue"? pq A: It says,'fargeted appeal; comma, TOX " t++l 0: And do you know what that meatts? nq A: I don't remember what any of those mean. l+n 0: You don's know what "urgeted appeal" nn means? nq A: No, I don't know what target-'target appear nq means. nn 0: Underneath ptognm,what's listed next to nq 'controUed nicotineR nq A: It says, ZN," cotmm.'7CGT," comma 'FUND " pq dot p+l 0: Do you know what those three things refer ln R & D. But I don't know what 7VND; dot, mea lp 0: Wby'= do you know why Hayes copied the w pe ople he did on this doeument, induding you? w MS. FORBES: Objeerbn. , ,. t+q A: No, I don't know. ,' lq 0: How bng:vaa Project REST explored at.. Pop 33D na. . . m Reynolds? tn MS. FORBES: Objection. lq A: I don'[ remember. . 114 0: Who would have the most knowledge nq'concettung Ptojea RE517 n:f A: The person I Identify whh Project REST was an nsl engineer by the name of Dick Habedtern. na 0: If you coutd please keep that one to the nq side as well.I71 show you a document that was nq marked as bddbit 8 in Dr. Norman's deposition. l+a Now, this document is dated May 9th,1983 nq which predates you, but the topic ia Ames test on nq smoke eondensates.Ia this one of the type of pq doc»mentsyou might have reviewedwhenyouwembaek a+l and looked at the past literature on toxicology or pq Ames test and the like that Reynolds might have done Ra before you joined themll pq A: Yes. h's a document authored by Chin Lee, who pn I mentioned earlier was head of the genotoxidty lab Pay. 331 nl at the time and was conducting some Aioes tests.And pi I may have reviewed it; I may not. I dodf remember. lq 0: Now, in this document the stated object pl is to compile and review all the past work and memos " pl concerningAmes test on smoke condensate and smoke sn related compounds.There might be a word there that m I can't read in between test and- pl MS. FORBES: Jack, you have no copies of n'i these? Is that tight? nq MR. MAISTROS: No, Matk's got it. nq BY MR. MAISTROS: nq 0: Do you see that as the object of this t+t0 summary? nq A: As best 1 an read h, yes. nq 0: And in this sumnu ry, Dr. Lee lista i,q various reports that had been prepared by people at l+n Reynolds at various times. Do you see that? l+q A: Yes, nq 0: On the second page, therc is a report pq entitled, "AmesTesta On Smoke Condensate, memo aent Ra to J•A. Giles." Do you see that? fm m? ptp A: "1dV" wzs a project looking at low nicotine. p•l XGT-I still don't remember all the concepts of it, ttq but it was a code name for a project we had going in ttq tal pq pq A: It's the second one down? 0: Yes. A:Okay. ~ 0: And were you aware that in nineteen- a Page 328 - Page 331 (86) Min-U•SeaipRe WAGA A SPINELI.I (973) 992-4111
Page 92: nui31d00
i •. /l7 Ay M-~-~ ho /2.Y Y3 Qo+-s c w+QQ a~ .--• , /3 seF' »¢ u.-' 'c"t ad aw. .~a~ y..f 'oWLA....._.l' /rIZ,17 a// 6,(, /f7.2- J, U ~ - ~ „ , ~ ~- ~ -
Page 93: nui31d00
-I li. ,. tY JQ~ /3 a.. .~ fl..~ 2 31f" o*,-..f I c„o~~ / 2'/l, y r , / •~a ... e . . _ Aq a~,.~:. ~ C ~ G^~~J V ~4 2,9/00 9 1 1 ly 2y 1-.6 ";A , - ' , ~ ` 2L?l PAw! d,t DAwla - - ~ r - ~-------- - CA - lq/ ai4i.,6.'
Page 94: nui31d00
V* 1 . 0/3 all;~ , A , yG /24 y9 A, 4?/v a r 98fzo y9/-1 ' oS rc/ 1a 0 /Zi //wa /t~ " 7l ly ~s' 17 8/z7 n/2--A~ % V6 ~ J 01 ~ w ~
Page 95: nui31d00
la MS. FORBES: Is that the P&P32, page we're p1 looking at? pt THE WITNESS: Yes.They appeu to be - P1 512337858 code numbers in the rlght-baad comer? m MR. MAISTROS: Wbat number? tq THE WITNESS: Flve-what does that say? m 512337558. p1 MR. MAISTROS:Okay.You're further ` to along than I am.2Ley're not exaNy in order, but nal !f you go back four pages, you71 see the ssme rype n+n of list for expanded tobacco. na THE WITNESS: Okay.I.at four numbers t+q are 7859? nq MR. MAISTROS: Right. lu! THE WRNESS: Okay. 1+40 BY MR. MAISTROS: nn 0: Do you know !f you can tell by kooking at nA this list bow many different expanded tobaccos wea pq being used by Reynolds inApril of'94? 001 MS. FORBES: Same objection. Ri1 A: I would have to go thtough and coum these up. pq It ays "C by them, so I assume it's the same Rs1 notation as you told me earlier, which was h was t:q current. Which means that we discontinued freon at py the time. Papa 325 m 0: Well, according to this document at tn last, is it fair to say that there was in use at m least nine different types of expanded tobacco by 141 Reynolds in 1994? in MS. FORBES: Same objection.. Nl A: It - from my alculation - from my coundng, m there are nine - or nine expanded tobaccos that have p1 a"C notation next to them. pq 0: Actually ten. I miscounted. ns1 A: Oh, yeah. m1 0: Did you count ten? nq A: I count ten.YouYe cocrea.I missed the t+s1 &'St one. nul 0: And If you go - keep moving forward t+9 towards the back of the document, you'll see a page rq with the same date with the numbers 7858 in the lower nrt right-hand cortut? pq A: Correct. 11q 0: That lists the various types of 1+q reconstituted tobacco utilized by Reynolds at least Rq as of April of '94. Do you see that? ;m A: Yta. p3l MS. FORBES: Same objection. tx1 A: Yes, I do. pq 0: And an you tell me if you kwk at G7-7, v.o.us nm next to that h says G7-1. ammoniated exttact. Can ' vi you tell me what type of reconstituted tobacco that pab? µi MS. FORBES: Objection. pq A: Not whhout going and looking at the pq fotmulatbn.aheeu, I annot.Tbese ae simply m notations='shorthsad notations for the sheets. p1 0: So you can't tell toe if Cr7-7 srlers to ' sa the use of ammonia in reconstituted tobacco? na MS. FORBES: Objection. nq A: What I inteeprot from this documem is that you nt1 take the G7-1 sheet formulation and ammonlate the nto emaa. n•1 0: And how do you amnnniate an exmctP nq A: Youanuseammoniumsalts,ammoniumhydmxide, nsl diammonlumphosphate-anyofthe ammonitua saha nn that you can buy in the common market place that are I+q also used in food processing. 1+sq 0: And if you go down to G-7-25, does the ae1 description help you - ait MS. FORBES: Same objection. pm 0: - with respea to the issue of whether wl or not that reconstituted sheet is treated with a•i diammonium phosphate or ammonis? Pm MS. FORBES: Same objection. Pap 327 n1 A: The notation whh Cr7-25 ays, "G7 ¢1 hat-ueated exttac[ plus 15AP plus NH3.'That means pw to me that we used diammonium phosphate in that 1•1 hat-trated exuact and we could have used gaseoiu m ammonia or ammonium hydmxide.I'm not aware that we Iq made a difference in the notation. m 0: Well, what is NH3? Iq MS. FORBES: Objection.Asked and 1o answered. pai A: NH3 in its purest sense Is ammonia. n v 0: At least looking at this document, could ntt you not fairly conclude that Reynolds was utilizing nn ammonia in the reconstituted tobacco process in April t+4t of 1994? t+si MS. FORBES: Objection, mischaracteritts. nq THE WITNESS: (Indicating.) Can I answer nD this? Do I answer this? I'm sorry. nq MS. FORBES: Answer it if you can. noi A: It looks like that.I can't tell you more than ta,i that's what 9t says is NH3 ammonia. I don't know 1x+t without going back and looking at the date and time, pzt looking at the formulation. 1rrn 0: We0. it's not inconsinent, B It, with ~ ~. ~ m ~ 9 e co 1z u.t the amount of ammonia that your ptevious memo that we Rq looked at that you were copied on indiated that Min-U-Seript® (85) Page 324 - Page 327 'WAGA & SPINEILI (973) 992-4111
Page 96: nui31d00
PHYII.IS SMAi7- v. LORIIS.AItD TOBACCO COMPANY, et aL, nl Q: How about the nea sentence? . m A: Nicotine yield ina,eaaed subataotlally for 250 pl products employing the G7 materials with either 141 nicotine leVulinate or nicotine malate. . µl 0: And doea this help you at aU in ttylnQ * to remember what Mr. Pedetd was looklag at in this m expetiment? pp A: No, it doesn't help me at all. But if you pq apply enough of a material, you will probably get pq some things coming off of that. Like I sald earBer, pq I'm not aware we ever put any of this sort of thing na in the market place so these were simply experimental nA products. We do a bt of research to look loto n41 different concepts and develop new products. I+a I would say looking at this, though, the na nicotine yield for malic acid incleasing only 10 nrl percent and levulinic add only 30, the 30 percent is pq marginal ftom analytical methodology to see if that n.l is a real inaease or not. If you told me that malic pq acid gave an increase of only 10 percent, I would pq tell you that's pmbably within the analytical ral deviation of the laboratory, and not real. psl (PIAII+1TffF'SE%F118IT9MARKEDFORIDENTIt7CATION. prl 0: Ekhibh 91s- py (DISCUSSION OFFTNE RECORD.) Pape 261 n) BY MR: MAISTROS: p1 0: Exhibit 9 is dated Oaober 10th,1989 pl feom Rhenda Steele to you. Who was Rhenda Steele, or nl is? µl A: Rhenda Steele was a lady who worked in my gtoup pl of ScientificAffa'vs. She holds a master's degree m in, I think, pathology - experimental pathology from m Bowman Gray. sn 0: Is she still employed at Reynolds? I+ol A: No, she has retired. n,l 0: What year did she retire? oa A: I don't know. I would estimate 1993, maybe nal 1994. It could have been even '95. I'm not sure. n.l Just in the - it's been three or four years anyway. nq 0: Could you take a look at this memo?And nn once again, I understand you receive a lot of inemos. vn But if you looked at this memo and read it, maybe ua you'll remember receiving 8. nan (WITNESS REVIEWS DOCUMENT.) pq A:Okay. pV 0: Do you recall receiving this memo? = A: Again, no, I do not. tm 0: Do you mcail the work that-is this R41 Dr. Steele? pq A: No, Ms. Steele. ,Robert L.Suber, Fhl: November 20,,199 Page N2 nl 0: Ms. Steele was doing? ; rA A: Ms. Steek from looking at this, jt>at ,. pl s\,m«,"af.d the minutes of an HRRC meeting that I.. Mt pmbably ~uld not,attend and aaked hei to attend in Pl my placc.And that's my opinion of the memo.And so . pq she's updating me as to what went on at the IDtRC. m 0: Do you bave any recollecdon of Pl Ms. Steele advising you thtouah this memo that, pl "niwtine levulioate added to Now 85s and Winston ns1 Ukn Lights significantly lowered the tar to n+l nicotine ratio. Smoken smoked the cigarettes nz7 simitarly. More nicotine was present in the smoke of nn these cigatrnes.And plaama and nicotine levels of iul smokers smoking the test cigarettes were increased usl over control valuea"? na A: I don't remember that. I remember some studies nn that were done that showed no digenence.And nn Ms. Steele was very good and very accurate, so - and na I'm assuming that Dr. Robinson always does good work. wl That if she said that. I would probably believe that p,l she reported it accoeately. ml 0: Does this refresh your recollection at Iml all about Reynolds' use of levulinic acid or nicodne Iwl levulinic to aher the nicodne delivay of vq cigarettes? Pap.26J nl MS. FORBES: Objectior to form. a7 A: Aa I said earlia, wben we used nicotjne - m nicotine levulinate and looked at these products with µl levulinic add, it was always done in a reswrch isl mode. Products were never put in the marketplace. * To my knowledge, we were simply exploring ideas and m concepts and trying to determine did they work. m I'm sorry that I don't remember this m information here, but I do remember some others that noy there was no difference in urinary nicotine or nil eotinine nor blood IeveLs.This is simply one study nz7 that was reported that Dr. Robinson did. I'd have to psl see all the studies that he had done on nicotine nal levulinate, go back and search the files and dig it nq out and then try and give you a composite answer with nq four or five different studies. I doubt seriously we nn only did one study with this idea. nal 0: Okay.And the next page in the nsn third-to-last paragraph. Do you recall being advised pq that nicotine ievulinate and levulinlc acid increased ti+l binding to nicotine receptors in rat brain? pM A: After reading this mettw, h stimulates my pq memory that Pat - Dr. Pat Uppiello was working on Rq levulinic acid binding with receptors.I don't pq remember all the specific detall.And yrah,you *WAGA & SPIIA'EIIi (973) 992-4111 MIn-U-Seript® . (69) Page 260 - Page 26;
Page 97: nui31d00
.~ .~~ :IORtr t AAn TOBACCO COMPANY, et a1, November 20,199 a+i nicotine rados with the use ofpowsium cubonatc?~ ~ w Aa I don't remember calculating any.I don't Iq remember that being a directive for it B could re have been.I just don't remember. w (PLAINTIFF'S EXHIBIT 10 MARKED FOR IDENTI', IGTION.) aa 0: Let me show you Exhibit 10, dated m November 28th,1989.It's fiom Petfetd to you,two al pages long.And the tiNe is'Request for Sdemitic pl Aftairs Review of Potassium Catbonatc" paten, K2C03, nol paren" i1aATobaccoAddtrlve" n+l As you look at this document, can you nq recall why the flavor division was requesting the uee I+sl of potassium atbonate in November of 'S9 as a Iw tobacco additive? 1111 (WITNESS REVIEWS DOCUMENT.) nn A: I don't recall directly, but it does mention nn Project XGT in hen which the previous letter also nq recommended. I don't remember eeactly what that I+n project wu- Pol (DEPOSITION INTERRUPTED.) R+1 A: - but if I deduce between that memo and this pA one, it looks like it was to wodc on pmjea-or R+1 prototypes, cigarene ptototypes for research that I"l had a different tar to nicotine ratio. Rsl 0: Okay. If you go to the first par+l9aph Papa 26a nl where - it's Dr. Perfetti, ian't h? pl A: Yes,Dr.PetfettI. pl 0: Is describing the purpose behind the use H/ of potassium arbonate. First, he desaibes the pI purpose in snuff products. Do you see thats tq A: Yes, I see that In 0: And then he states its use in tobacco- to Its use in smoking tobacco producv is also known in im the litcature. Do you see thatt ne! A: Yes, it'a been reported. n 9 0: Again, it was employed in the range of n2I .25, dash, 5 percent. Do you see thatr nsl A: That's-yea. nal 0: "In tobacco smoking products, the iment nq was twofold. First"- and that's potassium I+n carbonate, Is it not? n+! A: That's the chemial formulation for potassium l+n carbonate. nn 0: Okay. First, poassium carbonate is a pol base that can increase smoke pH and thus increase the R+1 yield of smoke nicotine. Were you aware of that fact prI in 1989? m hypot]teas. Pap. w 0: That it could increase the yield of smoke Iq nicotine? Nl A: Knowing what I know of pharmacology, I would m have made the same hypothesis that adding a arrong * base would increase the smoke pH. t0 0: How about increase the yield of smoke Ip nicotine? Pl A: That 1 dont know that 1 wotild bave made from na ttry experience as a phatancologist and toldcologiu, nv but that's been reported in the literature of uaing t+rl bases.And if you know the HendersonmHaselbach I+n equation, that's always a supposition for any n•t compound-be it nicotine in smoke,be it nsl pharmaceutical agent, be it food additive. nn 0: What, that as you increase smoke pH, you t+rl increase smoke nicotine ykids nq MS. FORBES: Objection. nsl A: No, that as you increase pH and you have a pq material which Is a base - such as nicotine as a Rq sn+ong base - that it would make the base no longer r+r chatged.In other words, it would not have a Rn positive or negatlve chatge.It would become neutnl tiq and would have ao charge. If you were developing a t+5 ptodua to be quiddy absorbed and you had a strong Paqs 271 base, you would want to bave the pH higher than the PKA of that base. 0: Doesthis- A: Simple pharmacological theory taught in a0 ' introductory pharmacological courses. 0: Does this document refresh your recollection at all if there is any connection between smoke pH and nicotine yield of smoke? A: What I - MS. FORBES: Objection to the form. A: What I testi5ed to earlier-this memo does not recollect that at all. What I testified to earlier is I know I looked at the Project EW which was marketed.And I know from it that we did not see a change in smoke pH and I did not see a difference in smoke nicotine ylelds.We used a level of potassium carbonate and EW, which was towards the lower end of this range that's given In this memo. It was, to the best my memory serves me, around 0.5 percent to the total blend. 0: Does it alter your belief or testimony at all that them is no association between smoke pH and nicotine yields? MS. FORBES:Objecdon to form. A: I don't see any data here that makes me change Rtl MS. FORBES: Objection to the form. 041 Ps1 A: What I would say is looking at potassium 1m oal carbonate or any strong base, I would make that same 7WAGA & SPINEI7d (973) 992-4111 Min-v-scripem (71) Page 268 - Page 271
Page 98: nui31d00
Robest L Suber, Ph.D., . November Z0,1997 IARIIIARD TOBAODO COMPANY, e,t a1, P.p. aaa rt bave done it mS,M^a«•• his ataivides within a Iq prtiod of dme. Normally the way we sumanuise In projects within our company. Mi 0: Then agaht, having looked at -doea iq anything on Etichibit 8 prompt you to go review these s9 reports? pi MS. FORBES: Objection. Overbmad, * vague. Have you had time to review this document? P) THE WITNESS: Not in totllity.I only on looked at those pieces which were pointed out to me. nn BY MR. MAISTROS: on 0: 7be ba that Dr. Lee would be nn summarizing reports by Dr. Rodgman and others at naj Reynolds over the course of four yeara which N indicated inansed Ames aaivlry with respect m on gaseous ammonia tteatment of tobacco, would that rrl cause you to go read those reports? n4 MS. FORBES: Same objection. on A: I would go st ad those reporta, but h aLo aid pq here that the use of that ammoniated tobacco in ¢a brands did not affect the difference in mutagenidry. Ra Said it was negligible.And so when the product was Rq Snally used, there was no change in the mutageniclty, pq of B.Tlut's consistent with what I said earlier Pq with the way we currently evaluate the use of Pap. 337 Ip ammonium - ammoniated G7 in our current ainudon, tq our current production. pt 0: So as long as the mutagenidry of the w tobacco as a whole is negligible, it wouldn't prompt sv you to go read these reports because standing alone p the mutageniciry of a particular tobacco blend in the rn tobacco was higher? pt MS. FORBES: Objection, mischancterizes. Iq A: No,what I aid was the fict that the use of pq these did not increase the mutagenicity of it says p,l that, you know, you could have had a spurious result. on I'd like - I would probably go read the report to na find out what happened. But we don't use these rn methods of treatment anymore. on 0: Well, based upon the documents we've on looked at, can you tell me when he's referring to nn ammoniation, if he's referring to just the addition nn of straight ammonia or dianunonium phosphate? rq MS. FORBES: Objection. sq A: I cannot tell with the exception of number six, P,l which he says In parentheses, "gaseous ammonia vetaus pm aqueous anunonia."And I assume the aqueous ammonia pm is ammonium hydroxide.Ttut is the way h's normally P41 referred m. Pq 0: Could you go to-oh, Tm sorry.It's Pap. 338 1+1 not in ftoot of you.What was marfced as Etdtlbit 7 in IA Dr. Nornm'i deposroon.The thk of this doeuntent Pl is, 7mpmved AnuaoNated Reconstituted Sheet." dated plJanuary 26th,1978. P1 A: Whoa. whoa, ahoa, whoa. In 0: Do you see thats m A: Okay Well, I aee it dated January 30th. Iq Okay. In -0:Isee.WeS- nq A: I'm down a couple of lines.I'm sorry.l tad Inl the first iine that said January 30th.1Lree lines on down ft ays)amury 26. nsi 0: What's the summary of this document say? na A The title of the documem says, "Imptoved on Atnmoniated Reconstituted Sheet" on 0: And what's the firat sentence underneath nri "memotandum" ay) on A:Itays- nsn MS. FORBES: Objection. pq A: The summary ays, "Ghearically bonding ammonia aq as the pectate amide and nicotine as the pectate aah sm into ammoniated reconstituted sheet should imptove wl the nicotine uana[er and flavor of IIJR tobacco Pv products. Pq 0: And underneath "memotandum," can you read Pap. 339 nl that first sentence? pi MS. FORBES: Same objection. m A: I can't read the first three - the first word pl I can picJt up is'ttansfer." p 0: You can't see "nicodne'? pi A: Not in this copy. 1n 0: Okay. My copy ays. "Nicotine under an may be increased by the incorporation of ammonia in sn the form of the pectate amide and reconstituted rq tobacco sheet." Do you see thats I++1 A: Yes. t+q 0: Were you aware of that hypotheses when 113) you began in 1984? pq A: Not when I began in 1984. on 0: When did you first become aware of thats on A: I'm not sure whenever I heard that different tm salts might have some effect, but it wasn't a project on that we explored to my knowledge. on 0: Well, you weren't at Reynolds when pq Reynolds first began using ammonia, were you? P+t A: No, I was not. Rq 0: And you don't know why Reynolds first trn began using ammonia, do yoo? P•t A: No, I do not Pq 0: So ifpeople testified or documents PHYfIIS SMiAII= v Page 336 • Page 339 (88) Min-U•Scaiprts WAGA & SPINELId (973) 99Z-4111
Page 99: nui31d00
P13YLL1S SMALL v. .: Sobcrt L Suber, Ph.D.. LOR*r *•t:n TOBACCO COMPANY, et aL, November 20,1997 / . 334:25; 337:22, 22 ana 13S:12c 136:13; 173:3;177:8;183:5; 20/:1, 3; 223:10; 241:20; 242:18; 2733 anlas 17:19;45:24; 101:14;135:25;177:15; 221:8; 235:11; 253:20; 264:17 argue 113:25;116:7 argued 106:12 arpumantativa 116:13 arlsan 153:1 Arkansas 14:20;15:14; 26:1;27:1,6,13;61:6,15 Army 12:8; 14:23 Arnold 79:20 aromMyps 267:4 aromatic 59:7 aromstics 101:22;140:3; 142:3 around 19:17; 21:20; 24:3,19; 32:12:94:8; 101:14;112:12;117:23; 137:24;141:3, 141:3,20; 147:9,11;175:14;176:3; 182:22; 2233; 229:19; 236:16; 239:7; 240:12t 241:1 S: 248:22; 254:20; 271:19:272:15; 286:12; 295:3 arousal 209:2 arrow 294:12; 316:8 arlicku 60:8,9; 218:25 uida 311:3 aspect 83:6; 209:23; 296:2, 4, 2S; 297:3 aspects 209:13; 296:14, 17; 322:10 assay 20:23, 23;85:23; 3013 assays 202:1;237:16, 19; 238:4,16 assess 17:4; 27:24; 200:13; 225:12; 237:8,13; 239:4 +Assassmant 79:1, 24; 81:8 assipned 168:10;171:6; 287:15 assiN 283:3 assistance 31:10;40:11 asststant 14:21; IS:17, 22; 16:12,22; 26:2; 27:7 associats 144:15 associated 122:19; 190:13;197:12 Associates 202.20 assooiatin0 2729 association 8:16;157:l; 291:16; 324:22; 337:22 assumed 188:25; 259:13 Assumas 51:25;340:5 assuminp 112•.1;140:1.1, 12;189:7; 226:15,17; 262:19; 288:11; 320:21 Ysura 288:8 assured 193:2 asterbksd 83:23 asterisks 85:1 Atlanta 156:2;165:15 atlachad 60:18; 305:21 attempted 119c8 attempting 128:22; 220:23; 221:18; 266:16 attend 12:9,17;13:13; 29:3; 30:21; 55:23;190:8; 262:4, 4 attended 28:18; 30:3,13, 15; 95:18;168:21;190:9; 200:2; 326:18 attendinp 166:24 attentlon 74:7 attorney 33:10;1969; 274:4 a8ornsyeilem 41:20 attornaykiiont 37:14 attorneys 31:10; 37:7, 8, 19, 24; 68:19; 81:11,18, 19.21, 25:82:3, 8,17; 167:17;168:10,12, 22; 196:5 August 253:7; 298:14; 299:7,13 author309:15 authored 173:24;174:2, 14; 330:24 suthorinp 273:14, 21 authoritstlw 26:21 authority 56:10,14 available 64:3; 164:16; 165:13; 166:1; 170:25; 237:10,13; 274:14; 320:3 average 51:16 awan 25:22; 40:22; 99:10;111:8;125:1,14; 129:15;135:7, 22;145:1, 1;149:15,18, 23;157:14; 172:23;173:2, 5, 7; 174:10;177:7t 179:4: 186:15, 20;197:16, 20, 25; 211:10; 216:19; 226:7; 242:20; 243:2, 6; 2SS:S; 260:11; 264:11; 265:14; 269:21; 327:5; 331:25; 332:8,15; 339:12,15 away 139:3;164:4; 213:19; 289:23 axiom 101:18 Ayras 27:15; 302:13 171:2 216:5 271:22 ; ; assume 19:1; 42:13; B 45:5; 47:10; 48:19; 97:8, 23;170:20;181:18; 235:1; 243:19; 244:7; 254:3: 1 bachelor's 12:19;14:24 VAGA & SPINBII,II (973) 992rL111 back 18:21, 23;19:9; bepan 72:5; 749,17; 42:19; 44:2; 51:10,14; 100:13;171:3;188:13; 38:14; 59:19;60:7;71:14; 306:10; 339:13,14, 20, 23 84:25; 8S:2S; 89:7; 90:9, b.ple 71:7 18; 94:7;100:11;102:16; behalf 9:4; 31:21; 34:22; 105:5, 21;113:1;114:3; 3&21, 2S; 39 :11;40 3 7 120:25;132:2 19; , , , 144:19; 748:9;160:13; bahavbr 294:7' 164:7;166:11;167:5; behind 49:19; 50:4; 178:18;182:23;188:11; 154:6,14; 252:2, 9, 23; 190:3;196:24; 207:2; 269:3 213:1 S; 228:1; 232:15; belisf 51:23; 271:21 233:23: 240:19; 2U:18; bsliaw 21:20; 76:25; 245:18; 2SS:1,19, 21; 112:5;17221;195:1, 3, 4; 257:10,18, 24; 256:6, 9; 215:15,17.25; 216:4; 259:11; 263:14; 266:2; 276:20; 277:10,12t 280:2, 19;282:20; 285:7; 296:15; 300:14; 302:5; 303:13; 308:20; 309:23:310;20; 312:16; 313:8; 314:18; 318:9; 322:9. 323:21, 22, 22; 324:10; 325:1 S; 327:21; 330:20; 3333; 340:21 background 759; 182:24 baokinp 282:5 bad 181:11 badperlnp 279:21 Bas1U11*202:18 Baker 15:19 ball 142:5 BAP 18:25 bar 142:6 basal 227:16; 228:9 bass 85:17; 229:7; 25/:23, 24; 255:13,18,19; 258:1,1; 269:20, 25; 270:6,20,21, 21; 271:1,2; 311:2 based 119:3;124:12; 162:17; 227:10; 278:17, 24; 280:22; 289:6; 305:2, 7; 313:19; 333:9; 335:15; 337:15 bases 258:19.19; 270a 2; 290:6, 7 basic 146:10; 264:17; 298:5 Basically 24:2; 32:16; 89:2; 90:12; 93:17; 137:20; 166:21; 250:17 basis 253:14 Batas 317:13 battery 163.9;179:11; 180:5,17;182:18;183:20 beads 137:1 S, 21;138:2; 139:14;140:1, 4, 4; 155:17,18;178:7 becama 139:2Y 141:21 Bacckor 8:17 becoma 73:12; 218:10; 265:5; 270:233307:13; 319:5; 339:15; 343:3, 5, 5 becomes 120:2; 284:24 Bedtime 166:5 221:15; 239:17; 256:8; 262:20; 272:8; 277:20. 24: 278:20; 283:25; 291:1; 303:17; 342:13; 343:8 balievad 303:17 baliwes 28(:19 believing 199:7 bell 229:21; 233:4; 307:24 below 129:6;158:13; 293:6 benzo[a]pyrana 19:2 benzo[a]pyrine 180:10 best 27:8; 50:25;12621; 134:20;137:9;140:10; 14I:19;145:23;147:11; 148:12;153:22;1S8:S,14; 159:10,10;160:16; 175:16;188:20;192:20; 193:14;194:24; 205:22; 218:2; 228:7; 230:22, 22; 255:24; 264:25; 2r65:14; 271:19; 279:7; 280:12; 283:15; 285:23, 24; 289:7; 292:17,18; 296:19; 307:17, 20; 310:7; 311:12; 321:14; 322:5; 331:14; 333:15 better 120:17;162:14; 198:24; 312:6,12 beyond 22:13;49:11; 76:18; 129:14; 142:16; 143:18;147:20; 209:14; 317:4 big 142:5;318:12 bind 90:7;146:14 binding 146:11; 263:21, 24;264:4,8,9,9,17 Biobehavioral 189:5, 7; 2009,11 Blobehavorial 96:20,24, 25 Biochemical96:24; 218:18 blochamistry 26:20 biologic 46:11, 22: 52:8, 9;149:10,12;150:12; 179:24;183:14,18; 184:17;190:18; 210•.16; 239:4; 333:10 biolopioa146:10,17; 52:24, 2S; 53:3, 4, S: 106:22;149:16, 23;150:6; Mia-U-SceipbD 156:4;169:16;193A; 288:8: 304:9 bbbpkaMtypa 192:25 bbbpia1ly301:1 biologists 170:23 Bbbpy 233:1 S; 23t:10 biomedical 14:10 biorhythmic 112:7 blrth 10:18 bk 267:19, 21t 300:18; 308:12 bhe 144:21 blts 43:23;158:18,:235:7, 9 bl.oklisnd 140:20 blanket 137:23 bk+nd 43:22; 48:10; 49:22;108:25;109:13.21: 110:9:117:13;118:14; 137:11,11t 153:19; 157:21;176:4;181:5; 265:2c 271:20; 277:21; 278:2, 3, 7,1$13,16, 21; 279:5, 9; 280:10,14; 335:2,10; 337d blends 47:5, 5,13,17; 88:18, 20, 22;109:1; 137:12;138:5;176:3: 206:9; 2S(:15; 265:7 Blixt 274:3 blood 14:11,11,16; 122:5;1233;126:22; 127:12:136:21;143:18; 145:8;152:25;189:12,14; 200:14, 2S; 201:7,10,14; 202:2; 208:9; 2139,11; 230:13; 246:19, 23: 263:11; 294:12 bloodstream 121:25; 122:12; 124:14 blow 213:15; 295:3 board 117:6;165:17,18; 167:11 boards 80:3 Bob 9:22;30:19;74:21; 274:1t313:4 body 14:17; 23:25; 24:12, 15, 25; 25:13,16; 26:7; 35:20;119:1;1439,10; 152:4,16,18; 203:10, 23; 207:25; 208:4, 6; 209:16; 228:5,22 bondinp 338:20 book18:2,4,5;26:19; 27:20, 21, 22, 2St 28:1, 4, 6,13; 39:5:95:21;164:3, 1S books 26:20,20;125:17 bosses 97:4 botching 245:22 both 16:9,10; 24:15; 27:22; 28:9,10; 31a5; 86:24;105:10;147:7t 158:15; 203:5,7;236:1; 237:4; 256:4; 285:25; 302:14,1 S (3) area - bot'h 51769 0998
Page 100: nui31d00
i \ -- P.p.ale pl A: i don't nemeptber the chan. aq 0: Do you know what the G7-25 process is? w A: It's a G7 process, a reconstituted sheet p containing diamnwnlum phosphate and beat treatmeat of p1 the emaa. p 0: And what does the chart inditate ls bNog ' m added to the extract) • in A: What I see b DAP whh in arrow and NH3. in 0: And DAP ja wbat' tn0 A: Diammonium phosphate. nn 0: And Nli3 ia what? pq A: ]s ammonia. uq 0: And h's being added to the box that pq indiates what? t+q MS. FORBES: Objection to the form uq A: It says, •Exuaet pH adjusted to 6.0 with NH3; url or ammonia. t+n 0: And does that tell you why the NH3 4 uq being added? pq MS. FORBES: Objection to the twm wl A: No, 8 doesn't tell me why it's being added.l pa do not know except what I told you this morning. R+1 That when you use DAp you sometime use ammonium Ral hydroxide to adjust the pH and keep the solids in pq solution. Papa 317 ul 0: Are you familiar with the G7•25 proeeu m to the point where you could tell us whether or not in this chart is an accurate depiction of that process? µl A: No, that's beyond my expertise. I simply don't tn remember well enough to tell you that. tq 0: The next document I'm really interested m in is - if you keep going forward, it's a page tsl that's entitled "G7 Process and Product Devek>pment tq Prognms Additional Applications." It's about t+n halfwry through. pil A: Okay. Says "rich sheet'7 nra 0: Right. Undernath - p>) MS. FORBES: That's Bates No. 2493, lut lul four numbers. t+n MR. MAISTROS: Looks close. pq MS. FORBES: Okay. brl BY MR. MAISTROS: nn 0: Underneath R8, it says what? nn A: "Sensory/satisfaction improvement through tar trq to nicotine ratio altetttiotts' Ri1 0: And would this document help you remember tt31 what Project XB R7s, or confirm it? Rq A: From looking at the other informatioa it was a tral ptoject to look at altered tar to nicotine ratios. Fsl 0: Okay. And under "llat sheet teebnology; WAGA & SF4NELLi (973) 992-4111 Paas ate til It says,'Pmvide reel wound flat sheet to support • Advanced Product Developttrcnt," duh.WU." Do you tn recall )mU as being the Premier projcctt M A: No,I doa't reall ]a7U as beLtg a Premier in project. w 0: Do you readl XA and wbat that.vas m related to? tq A: No.As I- I think you asked thia morning; I pl don't remember XA either without `oing back through nn Sks. n+t 0: Do you see in the couple pagea in, th6 t+xl one does have a big RTR stamp in the cent.er-0237 t,p at the bottotnt Rrojeet explanatlons` at the top. 1+q Do you aee that? t+n A: Yes. nn 0: Are we on the nme page? ntl A: Yes. t+q 0: 8 atso says plaineig's bchibit 1153 at nn the top? pq A: Yes. Ri1 0: At the bottom of thia sheet, thete is a psl project explanation of G7-IDN which says, "Procets pq by which nicotine from the KDN process ia added to tul G7." Is it your testimony that G7-KDN was or was Rn not ever commercially,ttilized? Paps 319 pl MS. FORBES: Objecdonn gl A: To my knowledge, it was never commerciallzed. m And looking at the fact that it did not receive a G7 141 hyphen number meant to me it was never at this pbint ln in time put ituo any soa of a pmduet or becotne a tq standard process for manufacturing. m 0: Do you know what project invoh+ed the pl exploration of adding the ICDN to the G7T pl MS. FORBES:Objectlon. t,q A: No, I don't remember. n+t 0: If you could turn a couple of pages in, t,n there's a sheet that's entitled t,n "Process/Reconstitutediobacco Revised October 10th, 1141 1991'? t+n A: Right. pq 0: Does that sheet look famfliar to youl t+n A: These type of sheets are normally turned out by t+n our engineering group to define what the 0-7 nn formulation - a rough idea what the G7 formuhtions pq were and kept for reference. a+l 0: And can you tell from looking at this nn sheet that there were - at least in October of 1991, usl I don't want to - I guess it's not 26, but an you p41 tell how many different reconstituted sheets were teq used by Reynolds in October of 1991? Min-V-Scriptm Lf f+ J T kD a ~ w J (83) p'+Se 316 - I+age 31!
Page 101: nui31d00
M Ii ., 4.,~e e- C4L~~ _96/~/ ws~~ ~ ksc A , 9. .~ w+.jt- ; v 7y~ 'K " s/~.~(~. 74 - -- a- ~ - ----- ------ ~ ~ . -_. - ---- ___ 9 1P•-d 9 ++T On, ~ ~...,..~, !°L/!3 -- - ---- mtl !y-- - -- - - -- - ,~' _ /O''../~/.. - --- ------- - ------ ~~ ,- --------- „ _-- , ~ ~,J{ N 1'4
Page 102: nui31d00
i PH1t1IIS SMAti v. LORUSi•*rn TOBACCO COMPANY, et ai., Charlie 71:2St79:18 chart 222:11,12,13; 224:19:233:13; 234:4; 292:23: 315:19, 23t 316:1, 6; 317:b chsrter 29:17 Chattanoops 38:11,12; 154:22;156:2;165:17 check 87:15:1399; 175:16;183:23;198:17; 256:23 checked 160:36 cheek 213:13,13 ehsm 288:4 chsmieal 20:2, 3, 6,15, 17; 23:7,10,11,15,18; 24:5,19, 20:31:25; 32:1, 20; 33:2; 34:24; 35:1, 3; 68:6; 98:13:100:2; 106:22;143:8;18321; 2292; 269:17; 288:8; 306:6 Chemically 338:20 chemicatly-Induced 23&22 chemleak:14:6;17:5,7; 18:22;199, 21; 21:12; 26:10; 27:24; 31:4; 48:1; 30: 5,16,18; 68:9; 82:10; 92:1tt, 23; 98:15:102:1 S, 15;106:19;179:12;184:7; 274:9,17,18, 21; 285:11; 289:21; 290:24 chemist 203:6; 249:9 chemistries 181:22; 182:14 chemistry 12:2;13:17; 18:6, 8; 46:12; 47:12; 50:4, 9:72:10;100:2, 25:101:4, 23;102:7,17;103:17; 112:6;122:16;150:11; 163:8;179:11;180:4,7, 17; 181:6,9; 182:12, 18, 19, 24, 25;189:12,14; 288:6; 289:2,14; 290:1; 304:9; 308:20; 313:20 Chemista 19:18;183:4 chsw 226:15,17, 22 chief 16:1,5,17,22; 196:16; 284:11 chlldrsn 11:7,23 Chin 163:23; 330:24 chocolate 142:7; 310:16 chooss 25:21 Christine 11:14 chronic 22:2, 5,6,10,14, 22; 294:14 Chuck 274:3 cigar 111:13,18,19, 20; 207:16 ciperetts 18:11,16; 42:23, 24; 43:24; 47:8,11; 49:21; 51:23, 24; 52:3,13, 15; 56:2; 59:2,11; 69:10; 86:11; 95:19;102:11; 109:14;110:22, 23;111:1; 112:16; 115:3; 116:25; 120:17;128:23;131017, 22;139:15;140:11c 141:1, 16;142:15;144:3;147:6, 6;148:14149:24;130:4, S.8;1S2:S;156:4,7;24; 162:20;166:18;179:6, 7; 180:23;181:14,14;183:7, 9;16/:3,9, 20t 185:20; 186:1,16; 201:16,18; 210:13;217:19;225:9: 229:16; 230:2, S, 25; 236:3; 252:16; 259:13; 266:17; 266:23: 281:16; 283:6; 296:9,10; 335:17 eipsrettas 18:18,20; 35:23;42:1,3;44:17;51:7; 52:6, 8; 58:6, 9:84:5; 89:17; 91:2; 93:15; 103:20; 109:3,7, 10; 113:15,19;114c12;117:4; 118:2, 5;127:7;130:5; 131:7;133:10;134:9,15; 140:8:150:10;131:10,14; 152:10;156:20;159:18; 174;16;176:20;179:12; 180:18,21;1813,9,10; 184:14;190:15:201:5: 21011;211:4;212:2,7, 13:213:4; 217:13; 219:6, 13,15. 24, 25, 25; 226:16, 18, 21; 236:14; 250:7; 251:16,19, 21; 262:11,13, 14, 25; 265:16; 267:16; 274:10; 281.9; 282:7; 335:18 circumstances 76:21 cited 8:23; 10:1 cities 31:20 citing 228:14 ekrate 229:5; 250:12 olty 31:18 claims 42:19;134:17; 219:22 clarification 250:23; 305:23 clarity 67:24; 68:13 clarity 83:25 elsss 15:4; 48:6; 217:10 classes 183:7 ciasslfied 61:17;191:8; 276:11, 23; 277:3, 6, 9; 279:13, 22; 280:5 elassMy 208:12,14; 216:3 Claud.173a2,13,13, 14,19, 22, 23 clause 20:8 clear S3:10;185:12, 24; 266:6; 280:7 clearer 205:8 clearly 639 Ck+mmons 10:22 clinics113:16, I8;14:9, 10;16:1, 5,17, 23:17:4, 20;18:3, 6, 8,10; 27:22, 23 close 259:24, 25:294:3: WAGA 8c SPINEUI (973) 992-4111 317:15;33135 obsed 1709 com.uthor 28:3 coCOunsel67:2 . oos1298:4 .. eostsd 140:1 rxeo. 69:3; 310:16 Code 19:23; 44:7; 324:4; 329:25 cofh.107:10;208:17; 250:16;310:16 Copplns 224:7 cok! 215:3 colds 214:19 col8is 1879 colleagues 194:11 Colk+et 102:12; 220:24 eollected 123:1; 335:24 eollectinp 335:20 college 12:3t 13:10, 22; 14:19 Collins 264:11,16 Cologne 187:15, 21, 24; 188:2 colon 335:5 color 109:16; 257:1 Colorado 26/:12, 20 Colucci 73:17, 20, 23; 75:2, 4,10; 76:3, 5, 7, 25; 77:1, 6; 79:4;199:10, 20 Colueel's 76:11,19 Combat 15:6 combination 26:18; 81:6;122:4; 206:5; 236:1, 3; 237:4; 256:10; 310:4 combine 82:5 combinlnp 293:7 comlortsbk+91:23; 106:11;160:2; 312:9 coming 58:23, 24; 62:25; 114:20;156:7; 260:30; 267:23; 342:17 comms 329:10,19,19 command 76:17 comment 305:23 comments 70:11 commsrcls146:13; 190:12,14 commereltllzsd 319:2 commercl.tly 44:13,15; 48:23; 264:24:281:9; 316:25 commissbn 2823 Commktes 80•.S, 6,16, 16;190:6, 7;191:12; 196:11,15,17; 197:3,7, 13, 21; 210:22, 25; 249:25; 250:1,1,2,3 commlttees 19:16,19; 29:19; 80:4;166:25 common 23:24;180:13, 16;183:13; 326:17 commonly 58:17,18; 59:2;144:20; 250:18; ssin•uscripto 265:6 communkale 30:3,7 eommunieaNd 8225 communkoanp 41:23 comnwnk:etion 37:14; 41:2U .: : communications 38:5 eompsniss 579;78:5; 82:6; 89:13:97:3, 24; 168:16, 22;193:24;195:1, 3, 7:196:16;197:22: 250:6; 274:16: 285:22; 286:8,14,18 Company 8:6; 9:5:13:24, 25; 20:1; 30:8; 3433; 40:3, 5,11,13; 46:3; 47:22: 49:9:57:2; 38:24;71:18, 23; 74:23:91:4; 96:3; 98:3; 106:11;107:18,19;113:3, 10;148:24;149:5:150:3; 163:24;171:19:173:14; 1943,19, 25:196:8; 197:14; 219:17,19:240:9; 242:25; 244:25; 249:22; 252:11; 2SS:9,11; 286:10; 288:10; 300:3:308:22; 336:3 compsny's 197:4 comparathn 53:8; 113:9;152:19 eompare 46:18;102:16; 151:13,17,19,22:159:7 eomparad 46:19:93:24; 101:1152:4:334c4,25 compsrinp 85:23;86:14 comparison 85'16, 20; 94:15;113:6:152:6; 289:15:3329 compelled 116:5,10 compensation 228:4; 250:9 oompethive 113:10•, 181:23 competlton 182:1 compllstlon 314:22: 315:1 eompik+331:4 complaint 217:16 eomplaints 103;45:19, 23:773 complete 243:16; 254:4; 305:16; 314:23 oomplicets 215:3 complicated 213:2 eomply 113:20 component 73:14; 102:9;172:8;179:f; 189:2; 239:11 components 35:2T 51:17; 58:10,11;102:13; 148:25;155:6;186:23; 210:14; 219:16 composad 83:14 eomposhe 56:21;142:4; 263:15 oomposhed 56:20 Hobert L Suber, ph.1 November 20, 199 compound I9:17; 20:N. 21:2:22:19,21;3=a12,16, 23; 42:25; 47:19; 83:6; 101a6;104:2,7;120:18; 123:13;124;22;129:19; 137:5;112:15:162:19; 178:9;179:23:184:14; 166a S: 229:7, 20; 270:14: 290:15: 304:21; 305:13, 15 • compounds 19:21, 22: 21:4,10; 47:16, 21, 23: 48:2; 49:23: 50:12; 52:17, 22: 54:22: SS:20; 589,16; 82:6; 83:20;103:2; 104:12; 108:1; 123:8; 128:17;131:2;146:19; 172:6;178:4;180:1.13; 182:17;183:1, 3, 6, 7, 6, 12,18;18/:16, 20, 22; 185:2, 20;186:1, 5,14, 20. 193:24; 201:16, 22; 243:1$ 244:11; 309:12; 331:6 Comprehenshn 58:4; 83:10; 283:11 concentretsd 293:1,4,E concentration 112:8; 118:14 concentrations 243:9, 11,15 concept 49:13,16; 51:14:52:12,12;54:5,6, 16,16; 93:9;141:3;1449, 19:206:11,14; 207:24; 208:16; 237:12; 238:22; 239:1; 253:21; 258:15; 264:8; 290:5, 7; 293:7, 9; 299:18, 20 concepts 543:150:2,3; 243a; 248:22; 249:10•, 260:14; 263:7; 329:1, 24 concern 23:5; 47:16,19, 25; 482; 49:23; 50:12; 52:17; 54:22; 55:20; 74:4; 118:6,19;119:1;127:7; 192:11 eonearna,1.57:1;118:8; 125:5;129:6;130:21; 144:10623:2194 concerning 37:18, 2S; 48:3; 56:12; 194:5; 199:23; 282:24; 330:11; 331:5 concerns 107:25:127:1, 1 conclude 327:12 concluded 221:20; 343:18 concludes 343:14 conclusion 303:25 conclusions 259:16 condensate 102:12,14; 131:10; 237:13; 239:5; 301:4,10; 331:5, 20 condensates 330:19 conditions 93:7;102:12; 175:13,13, 21; 214:11; (g) Charlie • conditioa 51769 1000
Page 103: nui31d00
Aobel't L Suber, Pb.D., November 20,1997 bolhersoer 313.9 bottom 105:4; 235:17; 287:17; 288:23; 318:13, 21 boupht 33:16 bound 146:10;204:20; 206:12,16,17,18:29420; 297:2 Bownrn 261:8 box 316:13 boxes 315:20 brain 263:21 branch 12:7 brand 38:10; 39:19, 20; 40:1; 43:8:44:17; 48:16; 49:21; 86:16;109:8, 8; 112:16;151:17t 158:21; 181:4,12:182:4; 210:19, 19:213:13; 256:13; 304:0. 22; 309:1 brands 3817,39A 10, 12;40:6,9:N:16;47:5; 48:18; 56:4, 9:112:20, 23; 117:18;119:3;162:25; 181:25; 249:7; 265:7; 274:6; 30I:7,16, 24; 305:3.12; 309:6,10; 323:10; 336:21 break 59:14;132:2; 178:13; 240:14; 298:10; 314:7 breakthrouph 50:1,14 bnntha 24:5,14 brNthes 24:21 Brien 249:10; 284:11 brief 192:5 briefed 192:1 briefing 192:6 bring 60:9,11,15; 74:6; 114:21 brinpinp 61:11 bromide 2920 bronchhis 215:21 brother 207:16 brought 31:9:220:21 budpet 219:2 bu1k188:11,12;169:4 bulidinp 87:24, 25; 88:1, 2;168:1, 2, S, 9,10,13; 169:9, 20;173:15,16; 183:4;189:5,9,10 built 87:20;169:2, 6 Ba1142:11,15,17, 20, 22; 43:16,21;44:20;45:2Y 46:2, 9,18; 49:12,13; 51:4; 52:16, 23; 53:24; 54:6,15 Bumparnsr 77:1 S bunch 273:13 Burger 27:4; 69.25; 97:11; 98:1;170:22; 222:21; 231:23, 23, 24, 2S; 233:16; 234:2, S, 6; 274:1; 308:3; 313:10,10 burley 87:11; 90:13,14; 91:18,18.19;93:17,21, 2S: 95:12:108:12,16, 21; 109:20;1119,12, 22; 131:17, 20, 21,2Z 139:10; 153:23;157:17;158:2, S. 16;159:8;16217; 205:1, 11,15,17,18,20:2D6:7, 10,15, 25:256:11, 20; 257:5,7; 272:7; 280:16; 289:24; 291:7; 29t4, 6 burley's 131:20 burbys 137:13 Burling 56:19;82:3 burn 129:21;148:13; 149:2,11;150:10:15/:2, 3.9. 183:T 236:8; 262:19; 284:24; 296:8, 21, 23, 2S; 298:S, 5 burned 90:24;101:23; 102:2;156:24 burning 52:9;133:10; 1S4:1S079:5;183:25 bums 153:14:18013; 296:21 businus 69:16,18: 167:20;187:7; 232:23; 233:1; 234:14; 248:10; 328:18 buy 108:24; 236:19; 326:17 bua 143:20 , by-product 108:12 C C 10:22; 308:3, 3; 320:6, 8,11,15, 21; 324:22; 32S:8 C'h 11:14 C•Fs•nrmo•n-s 10:22 Caffeine 208:16,18 CAG 138:10;139:7 cage 24:13,19, 21, 23 calculste 14423 caiculatinp 268:2 calculation 152:2;176:2; 226:25; 272:12,15; 325:6 uicutations 226:19 Caldwell 223:12 calendar 2422 call 9:20; 24:12 26* 52:6; 83:1; 85:8,14,19; 88:5; 90:1; 94:23;121:16; 126:22;134:13;138:13; 165:11;166:2;169:15; 172:18; 200:4, 6; 204:16, 17; 213:13:227:11; 229:3, 4; 252:19; 289:1; 291:12; 304:25; 320:4 called 32:1; 70:20; 71:1; 72:2; 74:2, 3; 78:24; 91:18; 92:13; 96:24;129:19; 131:11;133:14;137:23; 138:9;165:23:169:8, 9: 181:24;187:24; 213:6; 255:18;298:24 eatla 256:21 eame 16a4,19:28:11; 30:25; 47:6; 51:3,14; 57:2; 73:17; 90:12; 96:2; 134:23;137A;150:22; 163:16,19, 24;167:12; 168:17,18;171d<;173a4; 181:4,19, 23;182:10,15; 183:5; 193:3,16; 216:16; 232:10; 251:5; 2589; 310:24 Csms130823, 24, 23, 2S; 309:1; 313:6,7,19,19; 335:2.9 camera 295:4 eampdOn 49:25 can 18:20; 20:21; 21:15; 22:17,17,18,19:24:5,19; 25:19:31:13:37:12,17; 41:22; 44:4: 52:20; 51:1; 55:7,8;59:1;62:14;63:11; 70:9,12; 84:11; 99:3; 105:4,13;109:5;110:12c 112:10;114:4,14;115:1, 14,16,19, 20;126:7; 130:13;132:2;133:1; 140:16;143:17;147:16; 1 S8:18, 22;160:24;166:2; 171:25;17325;183:24; 185:1;196:1; 204:16; 210:11; 211:4; 21S:20; 217:20, 21; 221:23; 222:7; 224:15; 229:4; 232:15; 234:17; 244:19; 245:21; 248:2; 249:19; 251:18; 256:25; 268:11; 269:20; 272:3, 4, 6; 273:7; 285:7; 288:22; 290:6; 291:11, i8; 292:18; 297:18; 298:22: 301:2; 302:23; 303:2, 8; 305:1; 309:24; 314:4,13; 319:21, 23; 320:22; 324:17; 325:25; 326:1,1 S, 17; 327:16,18; 328:5: 331:14; 337:16; 33825; 339:4; 340:17; 342:1 Canada 2191,23 Canadi.n 219:9,12 Cancer 21:5;159:11; 214:18; 215:3,21; 252:6 candy 142:6 capabllitks 281:19: 284:21 capablllty 101:7; 200:15; 250:20 capaclty 303 capskum 172:7 upauN 137:21, 24; 139:20, 21, 23;153:12; 155:11,19 earamal 142:7 carbon 43:1, 3, 4; 85:5, 23;87:19,20,21,25; 103:5;180:10 carbonate 129:20; 130:6,10;131:5, 24; 132:19, 20;133:4, 8; 266:10:267:2, 6,12,17; PaYlus s1tAuU o. LORiI]11RD 711BACC.O CO111PANY, et aL, 268:1,9,13:269:4,16,18, 19,25; 271:17; 272:17; 273:1, 4; 298:3 carbonyl178:22 :- carbonyls 48:5:6s:10 caicinopsn1869 prcinop.nic 20:9,12, 16,17, 22, 23, 25; 21:2, 4, 11,11,13,18, 21; 22:1; 157:7,10 carcinopenk+tic 22:14 card 166:4 cardiovascular 136:9, 12; 215:22; 2183; 246:13 can 55:15; 244:12; 256:16,17 careful 25:19:108:25 Carlyls 8:11 Carolina 8:12;10•.23 prry 224:12 case 8:23, 24, 24; 9:1,1; 31:23; 32:21; 33:6,13.15, 24; 349, 23; 35:7; 56:22: 66:22;124:15;143:8; 148:7; 209:4; 224:21, 22; 230:24; 282:19; 320:21; 340:3; 341:15, 22 cases 8:9; 9:3;10:2, 3; 31:9,14; 34:1, 3, 6,11; 315:13 casinp 58:21;109:13 easinps 43:10; 57:8,16; 59:5;128:18; 298:5; 308:21 Cassarett 26:17 cast 89:11,12, 20; 90:1;. 105:13,19 catepories 57:7,18; 61:13;119:6; 214:7; 221:3 cateporlxad 61:17 category 46:21, 23; 48:19, 21; 61:10;105:8; 116:24;151:20; 213:13; 251:22; 283:17; 335:18 Cathy e:1 S caupht21:17 causal 215:25 causslky 216:4,6 cause 20:6;125:15; 154:8; 216:25; 217:6, 25; 336:17 caused 212:16 causes 158:6 causinp 125:20 CDC 58:8; 216:12; 217:1; 283:9: 286:3 ceass 218:10 call 130:15:247:15 cells 136:21 ceiluiat 130:15;233:12, 14: 2349 cellulosa 155: 15; 284:21 Center 15:12;16:3, 6; 17:3,15; 27:9; 56:23; 83:12; 249:12; 318:12 Centers 165:14;285:13 wmrtl 143:16;145:10; 176:19,22,23;177:3,6, 10,20,23;178:1,4,8; 185:3, ti,10;186:12,17; 2082 ':: -. . CerWn 21:1tk93:17; 38:18; 47:16; 54:21; 63:1; 110:8;116:19;125:19; 141:16:142:14;1S6:25; 160:14;162:15;179:24; 187:8;192:12;196:6c 202:11; 211c6; 215:16; 226:3; 256:18,19; 264:17; 2809; 282:20; 305:2; 321:11 cert8lcaN 36:4 Cartlfieales 35:21 eessation 80:21 cetera 314:24 ohain 76:17 chairsd 29:24; 8o:15 Chalrlllan 15:21 eh.lra 173:17 Chang 223:12 change 54:1Y 97:24; 100:4; 123:19; 124:23; 129:13:151:12,12,17; 162:22;181:14; 201:13: 207:6:208:11; 210:13,17; 222:19; 230:15; 257:17; 264:8; 271:1 S, 2S; 272:3, 4; 281:4; 287:9; 290:6, 23; 297:19; 307:15; 308:25; 312:8,10; 313:24; 336:23 chanyad 77:19; 96:23; 131:15;155:2;242:13; . 284:2, 3; 290:25; 291:1; 311:16,16 changes 14:14; 17:21; 82:24; 87:16; 96:11; 98:18,18;102:17;143:8; 154:20;162:10,18: 167:21; 210:14; 225:5; 264.4.4, 10; 284:20; 304:2; 312:9 chan8inp 47:4, S; 106: 18; 129:11; 179:17, 17,18; 257:11; 300:24 channel 140:1 chapter 28:6 chapters 27:20, 21, 22; 28:13 charactar 75:23;77:12 characteristb 141:13 characteristics 119:4; 146:11;174:21 chsracterizatbn 328:22 charactertzed 265:8 characterises 39:24 charge 56:24;73:16; 79:10,13,16;164:8; 204:21; 249:11; 270:23, 24; 272:14; 288:21 charged 204:20, 22; 230.4: 270:22: 272:13_ bothersome• cbarged (4) Min•U•Scripb8 WAGA & SPII!'s••r (973) 992-4111
Page 104: nui31d00
RobeR L Suber, Pb.D., November 20,1997 Papa 312 aq aony - atan ova.The battng, you ay, bad an P: effect on the flavot? pp A: Whenever we decide to put something like this p in place, the product would have gone through a sq sensory panel tes;.And if the sensory panelists A like the ptodua and it nstes to thetr raste better m than the previous product they had, then we would iq make the product change - if my group was r comfortable with all the product chaages and Swe nA had sufficient testing to juadfy the change. pq 0: And did your taste panels indiate that Pq the hated exaact had better taste results than the nA unheated exuaa? n.p MS. FORBES: Objection. nR A: 1 don't remember expgeity.I7i have to go nn back through files and look at sensory panel tests n>, that employ G7-25 venus a Cr7-1 or something else. tit 0: Was them any other putpoae of beating tit the exma other than fiiavor7 pq MS. FORBES: Objection. pit A: Not in my knowledge of undetstanding of the tar1 G7s.You applied beat to drive that teaction flavor tan development. at 0: What's tbe - in the next page, the pt secondtoiast paragraph? Could you read that out Paye 313 ia loud2 p1 A: Over the next twelve months? Pi O: Next. Pt A: Tbe laW7n sumnury Bob Suber and I, aa N well as Joe Ioman, think that the risk of intmdudng tq Camel RU using invert sugar Is less than introducing m Camel RU with high fructose corn syrup and then It having to transition back to invert sugar if It toxicological results prove bothersome. n0 0: Do you know what Mr. Burger or Dr. Burger n+i meant by thatv tit A: Yes, ] do. nn MS. FORBES: Objection. - nn 0: What did be mean? nq A: Yes, I do remember. h waa- i,q MS. FORBES: Objection. p1t A: - ailuding to - it was a discussion we had nq regarding whether to go ahad and put high fructose nol corn syrup into Camel RU or Camel product based upon Pq the smoke chemistry and genotoxicity test we had. n+t And what this looks like, we decided we would stay Int with invert sugar untll we had all of the ¢s: toxicoiogial data in hand before we made the product pq change. pit MR. MAISTROS: I don't have many of PHYLLIS SiWAUL v. LORII.IAItD TOBAGOO 0011>pANY, et a1, Pags su tit these, Marilyn, so don't get too exohed.And I tn don't have copies because they were used in the W Norman depo. But I dont think the questions Tm w going to ask wi8 be-in faet, you can have my copy pi ptobabiy. ta . MS. FORBES: Wee, I was goiog m say I m could just take a quick break and see if his exhibits iq are downstairs from yesterday. iq MR. MAISTROS: Do you think Matk lek noa them+ nq MS. FORBES: I think he might bave. tit MR. MAISTROS: We4theee's only four. tit You an do that if you want. nq MS. FORBES: Okay, if h's only four. nA The stack looked very large and alarminge nq MR. MAISTROS: Off the record. i+A (DISCUSSION OFFTHE RECORD.) tit 'MR. MAISTROS: Okay, go back on. tit BY MR. MAISTROS: Pai 0: Let me ahow you what was ttmtited in the Q,l deposition of Dr. Norman as Exhibh 2.And let me pa represent it's a compilation of donunents.It'a uot tm represented as a standalone document or a complete t:y memotandum, et cetera. h's a group of documents pil that were marked as one document, Etchibk 2. Page 315 ni MS. FORBES: Is this a complia,tion done • by yout Pt MR. MAISTROS: No-well-yeah, it was µ1 done by me, but I mean this is the maimer in which we It received them. , te MS. FORBES: I see. m MR. MAISTROS: But as I look through pq them, it looks like - I would not represent to you m that this is one document. t,ot THE WITNESS: Understood. t,q MR. MAISTROS: In ffict,there Is-If tit you look through it, there's different - couple nn different exhibit stamps from other cases on IK different pages. nn BY MR. MAISTROS: n4 0: I'm particularly interested - I man, n>, you're welcome to look at the whole document.I'm nq particularly interested in, though, if you could turn nn to - it's about eight in and it's got a chart with poi two boxes on It. pq MS. FORBES: What doea h ay at the mp? ^ Ma MR. MAISTROS:'G7-25 process fk>w.' Im 0: Do you see that ehartP r+a A:Okay.Ya. Ral 0: Is that something yDu'IC familiar with? ', Page 312 - Page 31 S(82) Mia-U-Sa3pt® WAGA & SPIIVEIlI (973) 992-4111
Page 105: nui31d00
PIiYII1S SMALL V. Robert L. Suber, Ph.D. IORtit .nn TOBACCO COMPANY, et a1, November 20,1997 Papa 276 te don't xmember what the range was reported by Philip pi Mort{s, which in the last sentence of this pangtaph pi on the next page. Ms 0: This shows that Reynolds was uaing pl 1,900,000 pounds of ammonia in 19g8? , p! A: I3at ia corsect. m 0: And that this is 8ve dmea the mnge isi reported by Philip Morris? p1 A: That's what my memo says.That's correct. i,oi 0: You also say that,'Reynolds has i,q classitied ammonia as an aid in the manu6entting i+q ptocess," correcd pq A: That's what it says there.Tbat's eotrect. iul 0: Doesn't say flavorant? psl A: I see what I wrote and what I think it today rsl is, is a flavonnt.And as I said to you earlier, we pn disclose h to HIiS as a flavorant today. p0 0: Okay. In the paat you iisted ammottia as t,q a processing aid, did you ttotW poq A: As 1 said this mortdng, I would have m go baclc P+i and look at our submission to AHS list and see how it pst was noted. I simply do not remember. pn 0: Well, at least in 1988 you clasal&d pq ammonia as a processing aid to the EPA, did you not? pq A: I did not do that filing, so 1 don't know that paps 278 tn poundages or other processes to achieve nicodne pl blend values and reaction flavors in their producta.' R Now, the &st thing you Hated was nicotine blend Ml valuea. What alC those? ' pl A: I don't remember. Sounds like postulation on 1111 my point at that time. Pi 0: You don't know what nieodne blend values in wen? . pl A: No, I'm saying I don't know what I meant by i,q writing that at the time. t+q 0: What is nicodne? pq A: Well, nicotine blend value is whatever the tvi level of nic'otine is in a blend.That if you watued tµl a consistent nicotine level as I mentioned to you list earlier about the KDN process, if you expose the list blend to nicotine, you could take out 9C' amotmt of pn nicotine based upon bow much atntnonia you put in it i,al and you could get a conaistem product as I talked pq about with the ICDN process for us. pai 0: And what led you to believe that Phiflp p+l Morris was using ammonia to achieve nicotine blend tm values? tai MS. FORBES: Objection to fosm. wi A: Probably hearsay and speculation based upon the p9 infortnadon I heard wrthin It J. Reynolds. Paps 277 pl that's how it was done. I just don't remember. p1 0: Well, what does the sentence mean? "It,TR pl has classified ammonia as an aid in the manufaetusing NI ptncess." pi A: If I wrote that, I'm deducing where I was that pt we have classified ammonia on our list to FHS as a in manufacturing - as a processing aid. in 0: And the other alternatives you could have pi classified it were as a flavorant, correct? iroi A: I wouid have to go back. t+ll MS. FORBES: Objection to form. list A: I wouid have to go back and look at how we i+sl actually used ammonia in those days. I simply don't n.t rememberhowweusedgaseousammonia.ldoimowwhen t,q we made the substitution, we went to diamnwnhua tin phosphate.l would just have to go look.Today if t+rl youaskedmewhatweuseddiammoniumpboaphatefor,I list would tell you as it says down here that we used it list for reaction flavors.That is in the next sentence, pot that we believe Philip Morris must use other ammonium p,i salts to achieve nicotine blend values and reaction W flavors in their products. pA 0: Okay. Now, let me ask you that nea p.l question.'fhis leads one to believe that Philip psl Morris must use other ammonia sahs in large Papa 27a nl MS. FORBES: Mr. Mais~tos doesn't wam tn you to apecuiate, nor do 1: pl 0: And is h your testintony to this jury Hi that in July of 1990, Reynolds was not using anmonia pi as a nicotate to achieve nicotine blend values? pi MS. FORBES: Objection to the fotm. m A: To the best of my knowledge, we were not using pl nicotine - or excuse me. We were not using atntmnia pt to adjust any sort of nicotine blend values. Reading pq this pangnph, it saya we were using this as a t++1 processing aid. I+e 0: No, reading this paragraph, it says,'R1R , list has classified ammonia as an aid in the manu5ctuting pq process.` It doesn't say how you were using it, does t+s1 itW i+.1 MS. FORBES: Objection. nn 0: Doesn't the sentence say what you told t,p the government as opposed to actually how you were t+q using it? pol MS. FORBES:Objecdon.The document p,l speaks for itself.You're badgering the witness. pA A: What it says to me is that how I ciassi6ed Ln ~ pst ammonia at the time for reporting. ~ txi 0: And you told the government you were m ~ psl using ammonia as a manufacturing process aid, s - ~ J J WAGA Q SPIIVEild (973) 992-4111 Min-U-Sa3pt® (73) Page 276 - Page 279
Page 106: nui31d00
rnYUAs aeanu. V. 7Ait3*IA30 TOSACC.O COld2'ANY, et ad., 304:20; 308:18 . Execty 62:20; 84:25; 96:18; 268:18; 272:20; ~ 3249 ` EXAMINATION 9:14 •xandne 98:5 examined 9:12 example 201; 22:9; 23:14; 58:18& 68:3; 83:16; 101:1;102:22;105:23; 162:22;186:8; 200:12, 23; 201 d4; 213:8; 224:3: 251.9; 257:4,13; 305:14 Except 134:3;153:11; 207:16; 229:24; 316:22 exception 337:20 exceptions 22.9 exched 314:1 Excuse 12:9;42:16; 44:14; 47:5; 96:13: 111:16;118:15;165:10; 167:2;174:13;195:2: 222:18; 233:23; 250:3; 267:19; 279:8; 289:12; 297:10 exacuthn 308:5 exerled 81:21 exhibR 220:9,10,13; 2221.9. 11; 229:10,12; 231:21, 22; 232:15; 233:3; 240:18; 244:14,16; 248:14,15; 253:3, 6; 260:23, 24; 261:2; 268:5, 6; 273:8, 9; 286:21, 22; 298:12; 300:4, S; 302:11, 12; 303:16; 308:1, 2; 314:21, 25; 315:13; 318:18; 328:8; 330:16; 336:5; 338:1 exhibits 314:7t 342:1,11 exist 104:8; 274:19 existed 222:14,16 existence 169:23;170:1; 222:25; 223:1 exists 117:17;133:7; 267:21 expand 43:1t73:1a 163:17 expanded 43:2;83:15, 17, 24, 24, 2S; 86:14,17, 24; 87:8,12,1& 88:6; 93:19; 94:15;103:5, 6; 109:22;153:21; 238:5; 252:9,18, 23:323:18,19, 20; 324:11,18; 325:3, 7 expandinp 87:10 expansion 85:6,15; 86:7; 87:21; 88:2; 101:2 expect 41:11; 43:6; 111:12,13;184:7; 203:19; 206:17; 290:19, 20, 21 expected 193:3; 247:25 expenses 167:15 expensive 162:12 experience 25:25; 126:4; 167:22; 192:14; 197:17; 270:10 experiment 260:7 experimental91:5, 8; 92:17; 211:5; 253:21; 259:3, 5, 6; 260:12; 261.7; 320:12,17 experimenled 85:14 expert 33:5, 23; 34:2, 5; 51:2; 60;15:70:16t 136:13:138:20; 203:6; 207:6; 210:2; 216:4; 217:18; 238:15; W24; 3U:7 expertise 16:10; 142:16; 193:5; 304:19, 25; 317:4 expLlned 137:22; 255:14; 267:20; 322:5 explaining 283:5 explanatbn 318:22 expianatbne 318:13 explkh 47:10;82:11; 229:20 expllchy 192:7;194:25; . 232:4;312:15 exploration 290:14; 319:8 explore 243:5; 294:1 explored 80:20;187:6; 272:17; 273:1; 297:6, 20; 298:7; 330:6; 339:18 exploring 150:2, 2; 263:6; 289:7; 323:15 expose 278:1S; 292:10 exposed 17:7;32:10; 35:2, 4; 281:7; 305:15 exposing 211:22 exposure 23:6,11,11, 13, 25; 24:18; 31:4; 33:18, 22; 34:24;101:1S,1S; 305:7 sxpresnd 4T25; 192:10, 24:193:22; 194:14; 195:4 expressing 194:18 extensive 102:25; 135:20; I81:1S extent 37:13,17;41:19, 21;136:16 extract 90:18; 91:1, 3,15, 22; 92:2,13,15:138:19: 139:5;148:17; 235:19: 257:14, 22, 23; 258:1, 2; 293:7; 310:24; 311:7, 9, 14,20;312:12,13,19; 316:5, 7,16; 322:1, 6, 8, 9; 326:1,13,14; 327:2,4 extracted 139:6 extraction 92:10; 250:14; 251:7; 289:24 extracts 138:20, 21, 24, 25, 25;139:1; 242.9,16, 22, 24; 243:3, 23; 255:20; 258:6; 310:5, 22; 311:22 extraordinarily 108:21 eye 151:15 WAGA & SPfNFL[I (973) 992-4111 F F 220:20; 221:12; 293:17 faoillNa 187:13,20 "` faolllry 87:20, 22; 88:6, 10,11; 89:18;169:1, 3, 4, 6,12;1709,18, 25; 187:22 ' fact 49:15; 52:16; 38:13; ' 69:11; 97:8; 98:25; 117;13;122*;157:8; 188:I; 2043; 2099; 212:8; 215:2; 222:17, 21; 234:3:243:15; 269:21; 27433t 27Sc& 284:1; 291:7;299:15;314:4; 315:11; 319:3:336:12; 3379 faetor 213:16,18; 252:22 factors 123:18;172:21; 218:8; 305:12 facts S1:2S;132:17; 34" f.ir 200:5,7;239:21; 325:2; 328:22 fairly 23:24; 87:15;111:3; 112:18;143:14; 235:1; 327:12 fall 15:1;105:4 falb 24:22; 46:22 famlliar 10:2; 86:17, 20, 23; 87:3, 7; 88:13; 91:16; 92:1; 95:9:96:19;109:2, 5; 135:11;144:22;160:10; 167:4;182:9; 207:21; 208:1; 233:9; 252:12; 254:25; 258:4,16; 293:6; 315:25:317:1; 319:16 far 118:8 Farm 8:17 fashion 144:15; 196:5; 197:10; 280:9; 283:21 fast 296:21 fatty 218:7 favor 243:1 F111140:18, 23 FDA 16:10,18, 23;173, 12;18:14;19:4, 7,11, 23; 20:1,7;21:8,9,12,19,21, 25; 22:10,13: 23:1, 2; 25:7, 8; 36:3,16,18, 23, 24; 37:4; 38:5,17; 282:16, 23; 283:24; 284:6; 285:2, $19 FDA's 207:21 fessiblliy 289:8 Federal 19:23; 35:14; 216:10; 282:8,11, 23; 283:4,20 feeding 22:3,16, 24; 23:3 feel 116:5,10;123:21; 125:11;143:20;160:14; 253:8 fsll 199:1 feR 106:11;199:2 Mia-U-Seeippe fertlihy 32:14 fetusp 246:6 few 58:7;153:12; 2049; 239:20; 296:24 - FF 293:21 : ' FFLT293:22 : fiNd 13:1;14:10; 23:23; 71:8; 75:12 ' fMtsn 219:3 fIN 7i2:1o; 2429,15,18; 249:13; 285:14; 300:6,11; 301:24; 302:1,10: 306.1 filed 31i20;38:16,17; 242:14; 341:10 files 51:10•, 6f:12,14,15; 66:18; 67:3,7, 9,11,12, 2S; 68:1; 69:4; 87:15; 112:18;153:20;163:18; 169:14;190:4; 2033; 220:6; 231:8,10,12,15; 263:14; 280:20; 284:1; 312:16; 318:10 filing 276:25 Flu 16r:6 filler 13725;155:11; 252:19 fillers 298:3 fiher 47:6,13,17;49:22; 50:1,11,14; 58a0-, 109a 5;139:20;153:18; 155:14,15; 335:2, 9 f8tere 57:25; 71:21; 150:18, 24; 210:14; 297:23 fihration 54:18 : final 56:10;81:9;176:14; 256:23; 258:3 finaty 336:23 find 43:3: 50:7,15; 70:18; 82:24;125:23;139:22; 234:4,19; 245:19; 253:21; 255:4; 267:25; 328:4; 333:9:337:13 findings 302:18 fine 9:22, 24 finer 59:1 finish 27:12; 294:25 322:19 flnished 13:19 f ire 198:6 fired 97:13;198:1, 21; 199:3 first 73:17; 90:12; 161:8; 163:24;189:9;193:16; 198:11, 11; 204:9; 248:17; 251:3; 254:12; 259:18, 20; 266:10; 268:25; 269:4,15, 19; 273:14; 275:6; 2783; 287:12,18; 293:19; 297:8; 298:22; 325:13; 329:6; 338:11,16; 339:1, 3, 3,15, 2a 22; 340:1 fh 24:3; 43:24; 59:2; 61:9; 62:6;139:21, 23; 239:5 five 94:4; 99:18; 201:19, 22; 245:16; 253:16; i(O VCT[ L .luOtS, r1LL. November 20,199' 263:16; 265:19:276:7; 294:13,1024:6 fivasnda-haN 111:4; 112:19,23; 133:11 flat 31725; 318:1 fisvor46:24;101d4; I07.9;120:16, 22, 23: 1211;128;15, 20, 25; 130:25;141:3; 24333; 268:12; 293:22, 23; 311:6; 312:2,19, 22; 338:23 flavorant 58:2P,83:22; 107:1;129:9,16:130:3; 276:14,16,17; 277:9: 283:16,18; 284:7; 286:1 flavorants 59:4,6; 129:25; 27231 flavorinp 84:13;106:25; 107:5:120:13;121:4; 128:16 fiavorinps 102:25 llavotist 284:11 flavors 51:16; 57:8,16; 101:21; 107:6,8;120:14; 139:19, 25; 249:11; 277:19, 22; 2781; 284:16; $10:11,14;311:5,8 f loor 168:6, 7;1899 Florida 12:12,16,18, 20; 13:16 flow 235:1; 254:5, 7; 315:22 fluctuations 20538 fiue-eured 87:11;93:17, 21, 23; 94:2; 95:13; 108:17;109:21:1119; 139:11;153:24;157:17; 158:1, 6,14,16;159:7; 162:8; 205:1; 256:11, 20; 257:8; 332:10,11,16; 333:18 fiuetweds 137:13 fiuida 14:17 focus 46:4; 54:14; 55:23; 56:6;101:19;123:16; 149:18;150:1;168:8; 210:20; 235:11; 266:23; 297:24; 333:23 focused 147:17;215:14 follow 148:6; 249:17; 266:6 followed 136:14 following 25:23; 212:19; 249:1 follows 9:13:237:22 Food 16:2, 6;18:22; 20:8, 10; 21:21; 23:14; 29:17; 36:21; 38:23; 349,18; 58:18;172:11; 250:18; 270:15; 284:18; 326:18 food-borne 2173 FORBES 9:4, 4:20:14, 19; 21:14; 22:25; 25:1, 5, 7; 28:20, 24; 29:6; 37:11, 13.17; 39:2, 23; 40:7; 41:18;42:13;45:2,10; 49:24; 50:20; 51:1, S, 25; (9) FX=1Y - FORBE! 51769 1004
Page 107: nui31d00
pEIYUiS iMAli, V. 1.0Rnl..•4n TOBACCO COMPANY, et aL, 110:25:118:3:119:12,17, 21, 25;123:15;124:1P, 126:21;130:7;131:4, 25: ~ 135:18;136:10,16;137:4, t 9;141:2, 7,19;144:5; 145:21;148:21;152:1; 156:5;16$:2:176:18; 178:3;184:6, 8,19;185:5; 186:14;190:24;196:15; 205:1 S, 22; 206:14; 207:20; 218:$ 220:7; 222c6; 228.:7,1Y 238:14; 250:13; 259:1, 4; 263:6; 264:25; 265:15; 266:13, 18, 24; 279:7; 280:12; 281:22; 282:17; 285:23, 24; 292:17; 309:8; 312:21; 319:2; 330:10; 333:15; 339:18 known %:20;188:14; 189:1; 269:8:286:8, 9,11 knows 117:17, 20; 158:24:222:2 L Lte 10:17 LN 249:13 lab 145:18;330:25 label 219:24 laboratorla 189:9; 224:4 laboratory 11:25;12:1, 2; 86:14;145:13,15; 156:17;163:18;175:13; 187:6; 244:12; 260:22; 265:12; 267:24 laek 196:6 k+dy 261:5 lek! 143:14 lend 88:12 large 44: S: 89:18; 97:3; 128:17; 201:7; 204:3; 275:22, 23, 23; 277:25; 314:15:342:16 larger 44:3; 162:12 largest 217:6, 23 last 58:13; 59:6,10; 77:5, 8; 80:8; 82:21; 94:17,18; 156:5;199:17; 210:6; 212:14; 239:7, 7,15: 259:15; 264:2; 275:4, 6; 276:2; 285:17; 297:11; 302:21; 313:4; 317:13; 322:22; 324:12; 329:3; 341:1,14 late 51:11; 85:9; 87:19; 96:17; 99:14; 222:22; 223:2 latar 96:23:115:20; 171:8; 320:10 latter167:24 launchinp 54.9 iaw 35:22; 82:10 Lawrence 249:10; 284:12 hwwn 229:13 IaweuR 59:23 lawyers 64:17:192:11, 16;195:10 My 50:3 hys 109:7 Ipd 264:4 leeds 277:24 Inf 138:16;139:14; 257:1 kwminp 187:5 Wst 208:21; 226:2; 276:23; 319:22t 321:19; 325:2, 3, 20; 327:11 leave 97:7; 166:4 le.vtnp 283:17 lectures 17:19 led 27820 LEE9:11;10:16,17; 163:23; 330:24; 331:15; 335:20; 336:12 M 16:14,19:43:12; 44:23; 97;$ 8, 22; 99:18; 105:1; 139:5; 198:23,23; 223:3; 246:19, 24; 265:19; 291:17,19; 3149 left-hand 248:23 Nss 46:9; 52:6; 94:11,11; 123:21;149:10,16, 24; 150:6;156:3; 230:1; 252:18, 20, 20, 21; 313:6 lethal 245:7,14 lets 267:2 kHter 192:18,19, 20; 193:7, 8,18;195:19; 196:4,18,19, 20, 22: 197:11,12,16; 2459: 268:17 level 84:12; 93:5, 8; 94:17;109:12;110:18, 20, I1;117:1;124:24;129:2, 6;131:9,13;140:25; 141:5,16, 24;142:11,14, 16;144:2,12,13;145:19; 152:16;154:15;162:2, 3, 15,19;171:9;175:10, 24: 176:20;199:1,1; 206:7, 8; 224:20, 24; 226:3; 230:20; 243:13; 256:19:271:16; 278:13,14; 284:1 S. 22, 23; 285:1; 292:10:300:24; 301:10; 304:6, 8 levels 48:5; 53:1;90:14; 92:22; 94:9; 97:24;101:9; 102:3, 24;103:19;104:23; 108:16;109:14;1I1:22; 120:2,14, 21;123:3; 124:14;125:14, 20, 25; 126:2, 4, 22, 23;127:25; 128:6,12;129:1, 4; 140:15;156:14;159:3: 162:24;171:16;179:9,19, 25; 201:1,15: 202:2: 224:24; 230:7,14,14; 242:23; 244:11; 245:10; 247:10; 251:16; 262:13; 263:11; 265:16; 267:9; WAGA & SPIIVIIu (973) 992-4111 272:21 bvulineb 122:3:146:23; 229:6,15,19:230:5; 231:14; 258:1 S; 260:4; 262.9, 263:3,11, 20; 289:8,18 kwulink:120:10,11p 121:22, 23;122:4,10,19; 123:2,12;125:19.24; 126:2, 3,10;127:14,19, 21, 25;129:15;146:23; 200:17,21;201:5,6; 228:25; 229:1, $ 2S; 230:3, 6: 231:13,16,18; 258:13; 259:23; 260:17; 262:23, 24; 263:4, 20, 24; 265:16; 287:8, 9; 295:19; 29&23; 299:11,16 Iibrary 168:7,14;169:15; 218:24; 28/:10 Ikorice 59:3 IIh 229 llpht 151:19;172:20; 208:10; 211:23, 24; 219:14; 265:5 light-headed 125:11 liphtinp 153:16 Lights 26110; 264:23; 265:1 Ilked49:10;54:10,15,16; 122:15; 211:15; 230:24; 266:25 Ilkely 23:13;183:10 (Im8 91:25; 211:4 limited 77:14 limkinp 176:23 Lincoln 156:2 IIne41:16;120:9;121:13, 15;146:6;162:11:174:6; 213:17; 217:14; 235:21, 23; 258:18; 274:2; 2%:8; 321:6; 333:1; 338:11 lines 255:24; 338:10,11 link 157:5; 215:25 Iipid 135:5 Llppiello 145:24, 25; 146:7; 223:11; 263:23; 264:15 liquid 105:3;112:9; 139:4; 310:7 list 19:20, 24; 21:3,7; 56:11,15,17,18,19, 21, 25; 57:4, 7, 20; 58:3, 7; 80:23:81:10,13,17,19, 22, 24; 82:2, 5,14,16, 22, 23; 83:5,14,17,18, 21, 23; 843, 6,15,18, 25; 85:3; 94:16,18;183:23, 24; 216:24; 218:16; 222:21; 2749,18; 276:21; 277:6; 282:12:283:14,15; 285:14, 20; 286:7; 309:23; 310:21; 323:17,17; 324:11,18 listed 57:13; 84:8,16,18; 182:17; 223:16; 276:18; 278:3; 285:25; 286:5,14; Mia-U-SeeiplW ..._, ~.. ..., November 20, 1997 293:19, 25; 294:18, 22; 256:25t257:10;260:13; ' 295:6; 297:8; 329:7,17 261:35; Ib8:11; 272:19; Bstened 149:7 276x21:277:1$ 16; 2803, BetMy 21:6; 8/:19; 19; 285:8: 287:17; 288:1; 289:2:291:12; 2%:8; ..' 274:16,17 Ilats 21:3; 37:23: 58:1; 302:23:304:14; 30}.23, 24; 310:21; 312:16; 315:7, 81:13; 287:19; 288:18; ' , 1$17;317:24;31906; 297:20; 325:19; 331:IS , 321:14325:25 Ih 136:7 looked 199; 46:12; ' Ntany 68c7 48:20; 67:4:68:12; 88:10; Iherature 26:20; 47:23; 9221; 95:16:107:17; 72:22;74:5;89:13; 113:1;120:15;12122, 23; 107:11;120:8;125:13; 122:15;130:8;1319: 134:10, 22;135:20, 22; 133:8;135:15;145:20t 136:14t143:13,16,19: 152:8, 25;180:6;182:17; 157:3, 4, 6, 23t 177:4; 213:7; 227:3, 5,10; 179:23:183:17; 21321; 230:12; 238:16:242:24; 226:7: 227:14; 228:14; 249:21; 251:5:261:17; 237:14; 243:14; 245:11, 263:3; 267:14,15; 271:13; 19; 247:12; 269:9; 270:11; 309:5; 314:15; 322:7; 300:3; 3059:33tr.21 327:25; 330:21; 336:4,10; ihi0atbn 69:10; 340:25 337:16; 340:10 Llttie 31:19; 7521; looking 62:23; 66:2, 3; 108:25;131:20;143:20; 70:21;71:22, 25;85:16; 150:12:153:7;162:14; 93:1; 94:1, 9;103:5:111:2; 178:13; 202:24; 216:6, 7; 112:17;122:6,7,20; 240:10; 254:9; 267:18, 21; 126:22;130:7:1349, 24, 300:18; 308:12 24;135:5;145:14t 146:13, Little's 234:20 17;147:5,14;1489,10; live 22:11,12; 301:5 152:8;156:18, 22;184:6; Ihrlnp 33:18 188:20;194:11; 218:14; 223:11; 228:20; 231:19; LN 329:19, 23 245:9; 258:18; 260:6,15; located 8:17;167:25; 262:2; 269:24; 272:2; 168:4;169:3,18 275:13; 280:23t 287:7; bcation 88:8;1}4:2 288:11,15; 289:14; 290:2; Iopically 152:10 291:5; 298:17; 300:22; long 10:24;11:5;16:12, 303:4,16, 20; 306:11; 17; 22:7; 35:5:56:24; 317:23; 319:3, 21; 320:23; 60:23; 68:17; 69:4; 73:19, 321:7,13,19; 324:2,17; 21; 75:1; 77:17; 85:20; 326:5; 327:11, 21, 22; 98:24;152:15;163:13; 329:23 181:8; 219:23; 222:24; looks 1759;18(:1; 268:8; 301:5; 3019; 222:13: 231:4; 232:19,19, 330:6;337:3 20; 242:11; 244:23; bnp-ranpe 297:11,14 248:25; 268:22; 287:17; 299:5; 300:1; 303:4, 21; bnper 78:11; 90:11; 305:20; 306:12; 307:1; 221:19; 270:21 308:24; 313:21; 315:8; look 1&23:23:& 10; 317:1 S; 323:8; 327:19; 48:20; 51:10; 65:15; 69:4; 328:16, 25; 332:1; 335:3 71:19:84:25; 86:1; 92:17; 98:9,14,15;101:23, 25; LorBiard 194:3 102:12,13,14;106:5; lose 251:11,12 109:6;110:11;117:6, 22; lost 94:12; 258:23.25; 118:13;120:20;122:11; 275:16 123:2,12; 125:17; 128:9; lot 51:16; 70:1 D; 97:10; 135:14,18;136:7;140:13; 113:12;129:4;130:23: 142:5;146:9;148:1, 2S; 183:5; 232:3; 235:7; 15190523, 6,14; 260:13; 261:16 153:20;154:25;156:11, bud 313:1 19;161:9;164:20;166:11; low 46:23, 24; 48:10,10 177:18;179:12 14 20; , , , 19;120:14, 21;129:1; 180:2 7;182a9;183:17; , 158:13; 230:25; 246:11; 201:22; 203:2; 204:2, 24; 247:23; 293:23, 24; 209:17; 213:9; 214:8,16; 329:23 220:5; 227:7; 230:13; Iowealorie 36:21 232:7, 8,11:233:2; 240:8, 9; 241:18; 2449,19, 20; bw-tsr 214:7 248:18; 249:14,15; 255:1; lower 93:12, 21;129:4; (13) knowa - lower 51769 1008
Page 108: nui31d00
YFIY/J1A SLYIAIL V. IrO1in3.l4n TOBACCO OOMPANY, et iL, 0 223:2:226:3 1082330:17t335:22 198416:14,19, 2P S6:S; 0d-3 302:19 71:8; 77:2Y, 789; 98:4; 0.126 247:6 99:20;100:13003:3: 02175:14;176:5, 8 145:3;163:16;168:1, 25; 169:11;170:17;181:17 026 247:16 , 19:188:13;189:21; 0.3175:15;176:5, 8 283:12; 339:13,14 05 271:19 1987 51:11; 229:12; 0237 31&12 231:16, 22; 232:17 043 306:4 1088 96:1& 276:5.23 1999 240:23; 241:16, 25; 1 242:20; 244:18: 248:15; 250:20; 253:7; 255:1, 22; 261:2; 268:7; 269:22; 1 117:8, 23:148:15; 328:9 220:10 13 , 1990 273:1Y 279:4; 1,900,000 276:5 286:23 1A245:6;246:12 1990s 86:10 10117:7; 238:7; 251:24; 1991 298:1 S; 299:7; 239:25; 260:16, 20; 268:5, 300:5; 301:12; 319:14, 22, 6:322:9 25; 321:21 10:3359:17,18 1992 223:3:302:12; 10:4159:18, 20 305:18;306:13 101h 261:2; 319:13 1993 261:12; 308:2,11 11 1899; 223:15; 273:& 9 1994154:24; 261:13; 110949/96 8:24 306:13: 323:17; 325:4; 110960/98 9:1 327:14 110951A8 8:8 1997 8:13 110952A8 9:3 19th 3289 110957 &2S 1:16132:3 1163 318:18 112132:6.8 11:30100:7, 8 IR4F 151:19 37100:8 11 11 . : 12 251:24; 286:21, 22 2 12:16132:3.6 13 50:6;149:22;189:24; 2175:14:222:9 11; 242:24; 249:22; 253:16; , 254:3 3; 255:7; 314:21 298:12 , . 25; 342:24, 2S 14 4 5:6; 300:4 5 , 2.0 246:20 16 238:7; 302:11,12; 20161:23;179:13; 303:16 182:22;183:12, 24; 238:7; 1811:12; 44:11,16.19; 265:12; 342:10,11; 343:6 5;104:15; I 58:19; 87:2 , 200 8:11 308:1, 2 16th 10:19; 244:18; 20th 8:13 300:5; 301:12 21 at 308:2 17 342:10,11, 23; 343:1 23rd 231:22 18 207:19; 342:10,11; 24 22:13,15 343:3 2493 317:13 18th 240:23 26179:13;182:22; 1911:12; 342:10,11; 183:12, 24; 269:12 343:5 25th 248:15 194910:19 26 273:12:298:14: 196712:14, 21 319:23:338:12 1971 12:20, 22;14:25 26th 338:4 197315:2 28th 268:7 197613:17 29 323:23 1978 338:4 29th 299:7;334:8 1979 13:19; 14:18; 15:13; 2:25178:16.17 16:20 2:31 178:17,19 1980 58:4; 225:6; 334:8 2:42 188:7,8 1980s 83:5: 222:22; I 2:47188:8,11 WAGA & SPIIVELLi (973) 992-4111 ~ November"zo,'1991, 3 3 229a0,12:23233 - 30 22:13,15;161:23t ,- .; 204:2; 218:17; 259:23;,., 260:17,17; 265:12 30th 302:12; 338:7, 11 ' s 313 274:14; 275:14 71at 253:7 3527:19;28:7 351010:21 3550 254:10 8662 954:10 ~ 4 8:17;117:10; 231:21, 22; 233:3 4027:19;28:7;161:16; 20/:2; 218:17; 246:14; 251:23 43335.7 4:01240:16,17 4:13 240:17,20 4:53 265:23.24 S 6 240:18; 246:16; 269:12 6.0 247:5 6.6 272:12 50161:16: 240:9; 246:21; 257:19;304:24;310:1 612337858 324:4.7 62 253:16 5:07 265:24; 26&2 5th 286:23 6 6117:9.10; 244:15,16; 328:8; 343:2 BA 316:16 83 272:12 60 240:9; 246:16; 310•.1 811•12168:2 6:05 303:11,12 6:11303:12,14 7913:23:16:15; 21:24 7:00 3" 7A8 340:20, 22 - 7:11343:16,18 s 8117:8, 23;148:15; 253:3.6; 330:16; 336:3; 343:5 80 257:19 8416:15:21:24; 57:22; 74:17, 25; 78:4,13; 83:5; 96:6,19;99:6,9,12; 134:1;163:21;189:6 85 265:1, 4 $68 262:9:264:22 8785.9 88859 89 268:13 ! 9 260:23.24; 261:2 91299:13 91•118 307:23 94 323:23; 324:19; 325:21 96 204:6; 261:13 98 8:25 9796:14.13 99 272:15 09.9 272:15 9:27 8:2 c 9th 229:1Y 232:17; 330:17 A A-yr.-s 27:15 a.m 8:2; 59:17,18,18, 20; 100:7,&&11 abilhfes 187:17 ability 208:21; 258:22, 24 ab 1. 48: $:137:16; 200:13 abnormalfties 246:13 above 169:21;247:25; 273:2 absolutely 86:1 absorb 123:23;124:25; 125:2 absorbed 130:17; 7 12; 24; 201:4 203:14 / , , , 2071,11,12; 244:& 270•.2S 7 248:14,15; 33&1; absorption 126:11; 340:19; 343:4 127:17; 203:15 70 21Sa0:245:13 abstracts 27:19; 28:7, 70-somsthin0 332:2 12;166:1 7315:1,1t332:1 aecept.bllily 191:2 78332.1 acceptable 127:2;143:1; 7858 325:16 176:14;192:4; 249:23 7659 324:13 aooeptancs 49:7; 53:12, Min•II•Scriptm 15;112:15:294:17,19;--~ 295:7,12, 25 - . acceptad 237:8:305:25: 309:9 : aeoordln0120:16: . , 183:4; 233:133251 aceurate l2:1S; 82:20; 232:16; 233:22:234:12; 253:25; 262:18:301:12; . 317:3;322c16,20 ' accurately 262:21 . Acetaldahyda 48:6, 6; 178:21. 22;179:19, 22; 180:8:202:2 acetata 1SS:1S, eeaton.180:8 achieve 141:13:277:21; 278:1.21; 279:5: 280•.9.13 achlavsd 305:8 acid 120:10,11,13; 121:22422:4.10,19: 123:3.12,19;125:19.24; 126:2, 3, 10; 127:14,20, 21; 129:13; 146:23; 200:17, 22: 201:6; 229:1, 2, 6, 25:230:3,7; 231:13. 16; 258:12,13; 259:23, 24: 260:16,17, 20•, 26213; 263:4, 20, 24:265:16; 274:25; 287:8, 9: 295:19; 297:12; 298:25; 299:12, 16 ' acids 258:14.18,19; 259:1; 290: S, 6 acrolafn I80:8;202:2 acronym 19:2;88:7; 92:8;138:10 acronyms 132:37; 240:8, 11; 254:20 across 117:6;128:3; 169:6; 216:16; 218:13; 309:10 Act 58:4; 83:10; 209:11; 227:4:283:12 aetbn 15:7; 217:10 actions 10:1 acthre 156:4;158:5 acHvhies 336:1 ectivhy 46:10,12,17, 22: 52:8, 9,10;122:17; 149:10,12,17, 2S;1S0:6, 12;157:24;158:1;159:13; 160:3,12,18;161:17; 162:10;179:24;183:14, 18;184:17, 2S, 25;186:13; 190:18; 208:13; 210:16; 237:8; 239:4; 333:10; 336:15 actual 94:22; 221:10; 256:9 actuatly 83:21;106:5; 275:20; 277:13; 279:18; 280:20; 289:23:320:3; 325:9 ao uta 245:6,11 add $2:7; 55:1 added 81:18; 84:5; 90:18 (1) 0-4-3 • adda' 51769 0996
Page 109: nui31d00
Robert L Suber, Pb-D., November 20,1997 Pap. aa n1 ptg8led my memory that I think that's correct. M 0: How about the Wt sentence? Do you p1 recall being advised that the point was made that to changes in receptor binding may lead to ehanges in pt physiological effects of nicotine? * A: 1 don't remember the polm. Hut as a at3endst m and toxicologist, I would agree with the general pi concept that if you change receptor binding-aa in y gettlng tighter binding or more binding, you would nA get changes in physiological effects. nu 0: Were you aware of the work that Collins nq was doing at the Univetaity of Colotado as otnlined nsl in the fourth paragnph of this memo? n.1 A: Now, that the name is mentioned, ] do remember na that John - Dr. John Reynolds and Dr. Pat Lippiello oe were - had contncts or gtants with Dr. Collins to nn do certain work In the araa of binding and basic an research on receptora. I don't remember all the nsl speci0cs of the research and all the detail, but I pq do remember the name and the University of Colorado ti,J was COrteetL aa 0: And ls /t your teatimony that the NOW 85s Pa and Winston Ultra lights referred to in this memo Rq were not sold commercially? pq A: To the best of my knowledge, what this reflects Papa 265 tq is that the Now 85 and Winston Waa Lights ia rally ¢: a description of the blend as it would have been ~_ p1 prepared and evaluating how smokers of ULT products Ml would like their Now 85 if this material was to pl become an ingmdient or Wituton U1na Ltght would be ta thete.It's simply a research tool. m We use the blends of the brands that we pi commonly seil because they are easy to put down in pi the pilot plant and research.And I don't know If no1 this was injected or sprayed on. I mean, those are m1 questions-they could have been injected in the nri laboratory and just given to 20 or 30 people for a hsi research project. wl But I'm not aware - to the best of my ns1 knowledge, we have never put nicotine as an additive nn nor high levels of levullnic acid in cigarettes for na sale in the market place. na THE VIDEOGRAPHER: Mr. Maisnos,we bave nn five minutes left on the videotape. po1 MR. MAISTROS: Okay.Why don't we go off P+I the record a tnintne. pzI THE VIDEOGRAPHER: We're going off the p record at 4:53 p.m. pa (RECESS TAKEN FROM 4:53 PM.TO 5:07 EMJ pq THE VIDEOGRAPHER: This is tape four of PsYlaJSSr.f= o. LORIL_* aRn TOBACCO COMI'ANY, et aL, Papa 206 n1 the videotaped deposition of Robert Sttber Ph.D.. W We're going back on the ttrntd at 5:07 pm. t» MS. FORBES: Just for the record, this - µ) transcript should be designated as con6deGtIal.And t9 I understand that there's procedures in phee, but I tn just wanted to make that clear that we would follow m those pmcedurea. I~ BY MR. MAISTROS: pi 0: Dr. Suber, when was the use of potassium nta carbonate first employed for ENipse? n 9 A: I don't remember the date, but 8 was eatly in pA the product development stages.And h was ntu originally employed as to my knowledge - memory, nn was to get mote tobacco taste from sensory panel ns) cvaluatton. nn 0: Had nothing to do whh attemptiog to nn adjust the pH or the nicotine yield of the cigarette? nn 'A: To my knowledge, it was origitn0y a aate t+q Issue. Btn we did measure the smoke nicotine as if uq we normally do in product development, seeing what R,7 happens when you make adjtsstments.Md we did notice p:I an incrase in smoke nicotine.At the aame time, trsl focus groups who had smoked the product to my Pi1 knowledge told us the product had more tobacco aste us1 and they l8ted it Papa 267 m As I said arlier,thete was so0te-that w potassium carbonate not only lets nicotine come off tst at a lower vapor pressure, but also pyridines and t<1 pyrazines and other natural materials-amntatype m material.s found in tobacco. * 0: Now, did you also use potassium carbonate m with Project Eav? tq A: That's correct.Aa I aaid earGer, we did. * Different levels than we used with Eclipse, but we nsl did tae it. nn 0: Md again, there was no intem in using nA potassium carbonate on Eclipse to affect pW ns1 MS. FORBES: Objection to the fotm tu1 A: Well, I'll say in this context, I looked at the nsq smoke pH and looked at the smoke nicotine numbers of usi cigarettes for EW project made with and without nr1 potassium arbonate.Md I found no difference Lt i+q smoke nicotine numbers.And I found-the 8de n.i bit of diftcrcnce I saw in quotes-excuse me- Pq quote, "snake pH," which I've already explained that Pq I question even if it e:dsts.The little bit of pn difference that I found within the standard lim analycial error of the methodology coming from the u, ta,llaboatory. _ ~ pst Q: Did you find any difference in the tar to m ~ Page 264 • Page 267 (70) Min-U-Script® WAGA & SPINISiI (973) 992-4111
Page 110: nui31d00
Robert L S11ber, PL.D., NOvembc 20,1997 lniproper 220:23;221:18 Improve 338:22 Improwd 3383,14 krprovemaM 317J9 . improves 130•20 krKourt 34:17 tMwuN 101:7; I6330 inches 16(* 253:15 klckwrator90:25 include 14:7;301:10 Included 214:19; 3359 includInp 14:12; 689 145:10; 285:11; 330'3 krciusbn 162:24; 304:8; 335:1 Nconslstant 3332c 32723 incorporatlon 3393 Increase 125:20:126:3; 130:31;136:17;160:2; 161:2,17;179:19; 210:16; 227:16; 2268:230:20; 247:4,11; 260:19, 20; 266:22; 269:20, 20; 270:2, 6, 7,16,17,19; 272:7; 337:10; 310:2 Increased 52:23; 208:21; 227:20; 24670, 25; 259:22; 260:2; 262:14; 263:20; 273:20; 332:16; 336:15; 339:8 increases 208:10; 209:2 Increasing 190:15,14 260;16 Index 8:8, 24, 25:9:1,1; 218:5 India 289:20 Indiana 135:4 Indicate 209:1;312:11; 316:6; 321:20 Indicated 327:25; 336:15 indicates 316:14 Indicating 65:14;182:6; 327:16 lndivk1us171:22 Individual's 171:22 Individuab 166:17 Induce 24725 Industrl.l 18:22; 39:16; 783S, 23; 79:21; 288:12 Industry 13:21; $8:23; 82:5;193:23; 250:17; 285:21, 21 Infectious 2172 Influence 81:22;133:5 influenza 216:22; 2173 inform 72:18 Informstion 31:11; 36:5, 10,13, 21, 22, 24; 37:4, 8, 15,18, 25; 38:10, 20, 22; 41:10,12,17, 21, 24; 42:5, a,18; 50:8; 58:15; 60:16; 648,13:66:16; 68:8; 71:19;72:16;74:5,12; 82:4; 94:1; 95:25;112:18; PHYLUS SMALL v. 1.O1t1L*ART TOHACCO OOAtPANY, Ct r1L, 113:1;121:1;123:10; 159:11;252~6 Involvement 190:19: 330-23 134:23;142d;;143:20; Instructinp 62:9,12 195a0;196:4:209:22; Jointly 194:12 150:18;1599;160:11; . insultlinp 153:15 - 219:11,18; 2273 Jonu 8:15; 60:24 165:12,12,19;167:4; kr.ukAor 1SS9 Involving 287:8 Journal 71:6:216:16; 169:14;182:23:228:10, 11; 235:7; 263:9; 274:24; . Intaks245:16 ' Ion 112:8 219314 276:25; 282:5,15.17; klbnded 137:f; 3058 Irrhatbn 172:6 ' Journals 215:24;218:15; 283:24, 25; 28(:1; 285:4, kddnt 23& 18, 20;156:12; Mbist.r 97:18,19, 21; 219:5 19; 287:7:300:2, 23; 267:11; 269:14 190:9: 274:1 judpe 52:$ 4;115:16,17; 305:25i 317:23; 323:15; hrter 3239 Isolated 322:12;323:4, 213:7 328:21; 333:9; 334:11; hAeract 26:7;121:5 12 judkbOs 210:24 335:14 Interacted 146:25 Issue 54:18:117:13: juppled 264:1 Informed 74:5; 328:17 Interactinp 121:11,19 122:6;125*.7;131:18; July 96:13,14,15; Infuslon 246:21; 247:10 Interactbn 124:6; 135:15;146:17, 22; 231:22; 273:12; 279:4; Infuslons 247:2 146:18 190:20; 266:19; 280:8; 308:2,11 Inpredient a190; 99:20; 326:22; 3299 interactlons 77:13 June 1222 100:14;102:9:121:19; issua 29:24;36:18 19; 123:13;124:1,13;129a6; Interchangeable 1069 , 42:4;71:20, 20;73:11; Junbr-Senlor 12:11 130:4;151:11,11;177:22; Interchangeably 75:20, 21;122:18:132:17; Jurisdk;tlon 8:6 201:12,14; 229:16; 185:11i 321:4 134:25;151:21:191:13, jury 61:23; 62:25; 63:2, 3, 231:12; 265:5:304:5 Interest 333:3 21;192:1, 2; 217:19 3; 65:24; 114:20; 116:17; inpredient's 124:6 intensted 69:21; 7031; Item 289:16; 290:3; 279:3 Inpredients 18:18; 123:18; 201:9; 202:1; 291:6; 293:19, 20; 294:$ Justice 40:20, 24 3S:2Y 42:20; 46:16; 47:7; 299:15;315:16,18;3176 11,14,18,19, 22:295:6, justify 312:10 51:20, 21; 56:12, 21; 573; Inter.stinp 328:20 12,18;297:a;307:4 59:3; 66:17; 98:10; 99:21; Interference 197:21 hems 151:7;179:20 K ]00:1,16;101:19,20; Interna1210:10, 21; 23:136:& Itself 135:16 102:15;121:5,10;130:1; 300:3 , 137:8;139:24; 229:2; 150:18 25:177:19 20; K 91:17 17 , , Internally 107:12 279:21; 301:4; 321:23 , 178:24 179:17;192:3,12, K2CO3 268:9 17;196:6; 210:14; 219:14 Internatlona121:S; , 16; 283:13: 285:15, 20 323:10 J KDN 90:10,11,18; 91:15, 20. 22; 92:2; 93:3;14&17; I h l ti 22 8 24 Interpret 82:14; 326:11 n a a on :1 , ; 205:5; 251:1; 278:15,19: 23:4,19, 21, 25; 24:1, 7, Interpretatlon 41:25; J 8:5; 93; 40:2 4; 64:4; 280:15; 281:2; 289:15, 21; 11, 14,25; 25:13:102:5, 237:17 , 222:14; 278:25; 287:22; 291:5, 7,13,15,19, 23; 18, 20, 23:103:3, 4, 8,12, INTERRUPTED 268:20 288:1; 323:9: 331:21 292:2, 8,14; 293:1, 4, 8; 17, 20;104:20;127:23; Intervlew 71:9 11 ` 318:23; 319b 128:1;151:3; 161:9,13, , Interviswed 40:14,18, Jack 8:22; 9:25; 54:23; 55:11; 59:12:212:14; keep 43:14; 58:25; 74:4; 20, 24:162:25;163:11; 23 239:13; 240:13; 294:24; 105:3:134:21;196:25; - 223:24;224:6,8;303:22; 206:8 213:14 316:24 304:11,1 S: 309:13: 333:8, Intimldats 66:3 306:20; 331:8 ; ; ; 317:7; 325:14:330:14 20 22 Intimidatinp 66:1 jacket153:15 , Inhaled 23:19;123:22; Into 13:1, 2; 24:20; 44:2; JAMA 218c23, 24 Keepinp 134:12 230:20 58:24; 59:1; 90:18; 98:18; January 229:12:231:16; keeps 216:19; 274:16 Inherently 52:9; 236:7; 99:14;102:4;110:22: 232:17; 240:22; 241:16, Kentucky 151:19 238:23 111:22;119:1, 20; 130:17, 25; 242:20; 338:4, 7,11, kept 232:22, 25; 231:13; 18; 134:14,25;137:16; 12 242:19; 245:1; 284:10; Inhials 287:17; 288:23, 140:4; 146:10; 153:24; jello 90:2 105:11 22 301:21, 23:302:1; 306:1, 24;289:3 164:17;172:10; 203:23; ; , 3; 309:24; 319:20; 328:17 InItlNed 162 4 Jerry 75:1; 229:13 : 236:19; 251:23; 255:1; kk1207:15 18 Inject 225:16 259:2; 260:13:305:10; Jenay 8:18 , kill 25:19 injected 22:19;23:16; 306:15; 313:19; 319:St Jim 79:15:191:11 265:10,11 338:22 Job16:21;17:9;30:7; killing 301:6 injection 22:20 Intravenous 246:13, 20; 41:11; 42:2; 57:3; 96:6: kilogram 246:12,15,16; injectlons 23:17 247:1,7 171:12; 225:1; 2489 247:7,17 Ink 109:15 Introduced 182:5 jobs 198:24 kind 35:1; 210:21 Inm.n 56:8; 313:5 Introducinp 313:5, 6 Jos 56:8; 313:5 knaw 54:10:71:4, 3, 6; 166:24;183:1;193:20; Input 19:15 Introduclion 53:24 John 8:13;171:3, 4,11; 352:4 insisted 219:23 Introductory 271i 189:7,18, 20;199:14,15, 16; 200:12; 264:15 15; knowinp 43:4; 203:18; insofar 56:25; 130:21; Invert 308:19; 309:2; , 289:2 223:20, 21; 257:16; 219:8 Instance 17:13; 225:13 313:6, 8, 22 investipator 2S:1S, 2l; John's 189:8 259:12; 270:4 knowledge 18:13;19:5, , 14 68:11 Johnnie 240:23; 241:1, 8; 27:8; 28:14; 35:17; 37:6; 16,19; 248:16 17 Instances 2933 Involved 19:18; 31:25; , 41:7; 44:11; 45:15,17; 56:16; 73:12;148:23: Johns 75:11 22; 54:T 48:25: 53:13 Instant 20736 156:13,18, 21;166:16; Johnson 191:11,24 , 57:15;61:8;6/:19;66:16, Instantly 20/:12; 207:10 190:23, 24; 209:19; 210:1; jolned 28:8;71:24;72:12, 18,19; 76:9; 80:22; 85:8, Instead 307:13 241:7,10; 243:7; 306:6; 25:73:4:96:19; 98:4; 17;88.9;9010;91:1,2, Institute 29:17;30:4; $19:7 163:21; 167:25; 168:25; 14; 92:4, 2S; 99:13; impropes - knowledge (12) Min•V-SniPtD WAGA & SPINEILi (973) 992'4111 D
Page 111: nui31d00
RobC'rt L 811bes, Ph.D., November Y0,1997 52:19;S3:2S;S4:237SS:1, 15.19,23;323:13,23; 5,9.11,16.21;59:12; 324:1, 20; 325:5. 23; 60:22; 61:12.18, 25:62:3. 326:4,10, 21, 25; 327:8, 8, 11, 14,18,20; 63:5.11, 1 S,18:3288; 330:4, 8; 18, 23, 25; 64:4,18.20, 331:8:332:12,18; 333:5. 24; 65:4, 9,19, 2S; 66:7, 14,19; 334:1, 22; 335:23c 14,25;67:19•,69:19.23: 336:7, I8; 337:8,19: 70:8,1Y N:14; 81:1,12, 338:19; 3392; 340:4; 20; 821; 83:8:84:10: 341;6, 9:342:5,16, 20, 24; 89••23;9933;100:19: 343:2,7,10,13 101:12;103:23;1043; fores 29:24; 98:18 105:12;106:7, 20;107:3, form 20:14,19;40:7; 15;10&•9,19,23t110:21; 44:1; 45:2, 24; 49:24; 111:7,11, 24;112:25; 50:2Q• 55:6.21; 56:1, 3; 113:25;114:8,16;115:4, 67:19; 69:23:74:14; 83:8; 9,12,15,19, 23;116:7, 84:10;89:6,23;90:8; 12,20;117:5.19;118:7,9, , 99:23;100:19;10t:12; 21:119:2.11,16,21; 103:23;104:5, 110005:12; 120:4,6;121:7;122J3, 106c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a0; 201:23; 203:12; 17,19:193:19;197:15, 24; 205:4,12; 207:3; 207.21, 203:12; 205:4; 206:17, 25: 24;211:19;212:14;214:3; 207:3, 8; 215:5; 220:1; 215:3; 217:8; 220:1, 4,15, 223:8; 225:8,11,1 S; 22; 221:17, 23; 222:2t 226:24; 228:17; 229:7; 223:8; 224:11; 225:11; 230:4, 9, 21; 232:18,19; 226:24:227:25; 228:17; 248:4; 249:18; 250:22; 230:9, 21; 232:5,18; 251:17; 252:3; 255:17; 234:1 S; 235:5, 23; 236:23; 257:15; 259:9; 263:1; 237:1; 238:11; 239:13.16, 267:13:269:23; 271:10, 19;240:13;244:4;246:1; 24; 272:13; 274:12; 248:4; 24918; 250:22; 277:11; 278:23:279:6; 251:17; 252:3,10, 2S: 280:11; 281:15; 283:23; 254:1; 256:2; 257:15: 290:11,17;295:23:296:1; 2599; 263:1; 266:3; 297:17; 301 r8: 304:18; 267:13; 269:23; 270:18; 310:19;316:15.20; 271 a0, 24; 273:10; 332:12,18; 333:5,14; 274:12:277:11; 27&23; 339:9 20; 280:11; 279:1 6 16 , , , 281:15; 283:23:285b; formsl 83:2 286:16, 24; 290.11,17; formaldehyde 32:2; 292:1, I5; 293:15; 291:23: 33:17, 22:4&6;180:7; 295:8, 23; 296:1,18; 186:8:202:3 297:17; 298:10,19, 23; format 335:25 301:8,13; 303:8; 304:18; formation 243:24 305:4.19; 306:17,19; formed 299:17 310:19;311:11;312:14, formerly 29:25; 308:5 16; 314:6,11 20; 313:13 , , 14; 3153, 6.21; 316:1S. forminp 73:& 1359 20;317:13,16;319:1,9; forms 207:6; 284:16 320:1, 25; 321:22; 322:4, formulas 87:13 force - Qivina (10) formulation 139:9; 1S1:I7,18,18;155:7; 159:1; 253:2; 257:12,16; 26917; 308:25; 309:25; 311:13,13.18;31919; 326:6,12t 32732 fmmulettons 875; 158:20; 257:11; 319:19 forth 229:23:289:16; 290:3; 322:13 forthrlpht77a4 forward 155:20;211:1; 317:7;325:14 - found 46:8; 50:2;106:21; 107:6;108:2c 121:24; 183:8;184:4398:24; 24923:267:5,17,18, 22 four 55:14; 68:18; 94:2; 235:16; 244:4; 261:14; 263:16; 265:25; 289:16; 2949,11; 297:Z0; 314:12, 14; 317:14; 324:10,12; 336:14; 342:14; 343:9 fourth 15:4; 243:22; 254:2, 2; 264:13 frems 86:5;193:11; 200:2; 225:6; 241:21, 23; 306:13 frerna 299:23 free 164:7; 204:13,19, 21; 205:2, 21; 253:8; 294:20; 297:2 freely 24:20;164:5, 24 freon 83:15; 85:2.12,15. 17,25;86:8,9;87:23; 324:24 frequency 146:24 FroBysts 249:25; 250:1, s.5 front 62:25;63:1.2; 65:23. 24:114:197116:16; 33&1 Frosina 8:25 fructose 103:7;163:3; 309:1, 4, & 313:7,18 frustrated 197:13 frustrating 197:3 frustration 192:25; 193:22;194:14;196:5; 197:21 frustretions 194:5 1'•TO419,11;42:4; 102:11;113:20;175:12, 20 full t0:15,16; 46:24: 115:5, 8,11; 237:14; 293:22, 23 fulldisvor 214:7 tu8-fisvorsd 48:21 full-tims 16:9 fully 20:21;193:3:212:10 Fulton 165:16 fumipsnt 29:21 function 17:21.23;42:2; 48:9; 58:22; 84:20; 96:6; 105:19:107:21;112:7; 1'H]ZIIS SMAld, V. i,pt:rr r..en TOBACCO CO11PANy, et aL, 141:22;143:15;1S0:21; 24;274:1t308:3 , . 251:15; 252:17,18; 286:6, gas 24:5;43:5; 203:5.11, 14 16,22 funetienei 172:2, 8,11; psswus 84:14,18; 287:14,19; 289:4 -. 104:3.14;105:24;106:9, funatbns 57:4; 98:16; 16;107:13;108:3:133:21, 166:13:171:12; 248:9; 24;160:18; 205:10,14; 251:13t283:13;284:25; 277:14; 280:20, 23, 25; 285:2,10,19, 22 28224:321:15:327:4; fund 135:14;136:7; 334:24;339:9:336:16; 194:12:329:19:330:1 337:21 Fundamental 218:17 Gave 17:19; 35:8; 39:16, funded 134d2,23 17;71A;105:23;114:3; 120:17;131:16;133i23; funny 125:11 164:24;165:14,16; ' fur 24:22 19623,24;200:23;218:6; furnished 16:10 233:13: 260:20: 305:14 further 34:4; 323:21; ps190:3 324:8; 343:12,13 psnsn110:90924; furthat 143:25 23:5,23; 25:5:71:19; future 11:1; 2319 93:20:96:5;101:4,17, 21. 25;134:14;151:2;190:9; 214:12 18 25 229 G . ; : ; 244:12; 259:4; 264:7; 273:25 G 231:23, 24 general's 47:24 G-26 307:17 generality 194:24 G-18251:12,15,18 generally 19:7t 52:7; 0-7 44:8, 2i, 25; 45:7, 8, 93:22; 99:15.16;116:25; 14, 21; 251:10,15,18; 117:8;143:1;150:14; 255:10; 239:1; 260:3; 212:2 281:7; 293:7, 8; 307:11; qenersb 98:12:288:7 309:16; 310:1, 5,18; aenaratad 122:21; 311:13,17,21,23;316:3; 123:10 8 317:8; 318:24; 319:3 , , psnstit: 237:15 24; 18 19; 320:5; 322:7 20; ~ , , , 238:20 23 323:19; 327:1:333:t 1; , 337:1 psnsttles 218:8 G-rs 309:2! psnotoxle 237A 9,21 2399 G-7-1 254:24; 255:2.6.7; 257:13: 258:2, 3; 307:19. psnotoxk8y 46:13; 20; 312:17; 321:8,18, 25; 103:18;1639,14,15.17, 322:12,12c 323:4. 4.6, 6; 21, 23; 202:21; 237:12; 326:1,12 238:15; 288:7; 304:10; G-7-10 321:16 313:20;330:25 7 Gentry 240:23; 241:4 G-7-18 309:19 21 , , , 9; 243:25 G-7-2 254:24; 255:2.6; Georpis 12:4 257:14; 258:2, 3: 321:8; 322:13 Germany 187:15 G-7-25 307:9; 310:5; gets 24:18;130:23:204:4 312:17;315:22;316:2; Gilbert 188:16,17 317:1; 326:19; 327:1 Glhxi 331:21; 332:3.4, 8, G-7-98 311:18 23.24 G-7-60s 25s:4 Gilmsn 26:14, 21;177:5 G•7-7 321:25; 325:25; Gllnun's 18:2; 26:19 326:8 Girdl.re:14 G-7-ImN 318:22, 24 pivsn 41:9:58:7; 73:10; G-7-somethinp 44:8 95:24;114:16;136:25; G-7A281:6,7,21 141:5;164:4;167:4t 192:7; 215:20; 220:17; GG76311:10 22;312:22 , 247:1; 255:10; 256:16,17; G-typs 44.9 265:12; 271:18; 274:20: G7 45:4;158:21 286-7,299:24:307:14; gallons 204:3 311:18 games 632 phas 131:21 Gary 27:4:69:25;774 giving 165:15;201:24; 98:1; 231:23, 25: 233:16, 307:14 Mia-U-Seripb® WAGA & SpiP7glyt< (973) 992-4111
Page 112: nui31d00
. _atOp![t: L tinbCt. PJLD., Novembet 20,1997 170:9;21e:2o;244:6; 265*274:2, 2naa 286:8; 2933:296:8; . 321:16; 326:19; 331:22; 338:10,12; 343:10 downstairs 314:8 ' Dr 94, 0.18,20, 23; 15:19:27:4,14;28:1,3,5, 20; 30:19:41:3, 5;64:23; 70:20, 23, 24;71:1, 3,12, 13,13,13, 25; 72:4,13; 73:1,S,17,24;74:19,21, 22; 7S:S.10;76:5, 7,11, 14,14,19, 24, 23:77:1,6, 10,13,15;79:4,4,12,15, 1a 2a22,25;9s:s,18, 18;97:25, 5,8, u,12,12, 13:98:1;134:5;145:24, 23;146:7;163:23;170:12, 20, 22, 22;173:10,11; 188:16,17•,189:17,1s,2a, 192:21, 21, 24;193:c,8, 9, 17, 20;194:3, 4, 4;195:6; 196:17, 22, 24;199:10,14, 16, 20, 24; 200:12,17; 201:3, 4; 222:21; 223:$ 11,12,12,16; 224:6, 7, 17; 231:23, 24, 23; 232:5; 233:9,11, 20, 24; 234:2, 2, 3.5,6,8,20:235:16; 237:15t238:2,3,3,19; 239:24; 240:23; 241:4, 7, 9,19; 243:25; 244:17; 248:3; 249:8,10; 250:4; 253:20; 259:12; 261:24; 262:19; 263:12, 23; 264:15,15,16; 2669: 269:1, 2; 284:11; 294:25; 295:13; 299:10,14,15; 300:2; 302:16; 303:25; 305:23:308:5; 313:10; 314:21; 322:1 S; 328:16; 330:16; 331:15; 332:24; 334:7; 335:20; 336:12,13; 338:2; 3/0:24; 342:7; 343:12,14 Draw296:10,10,12 dressing 83:22;109:12; 120:25;129:9 dressings 439,10 dries 909 drink 208:17 drlp 90:6 drive 310:14; 311:4; 312:22 drivlnp 310:11 drova 311:7 Drug 16:2,6;38:23; 191:8; 207:22; 208:2,12, 14,18 drugs 26:7 drums 206i dry88:6;89:6 dry,type 139:7 duces 61:4 due 33:18;162:2; 301:9 Dufour 249:7 du0300:2,3 duys~12 83:10;2e3:12 duratlon 245:12 durin013:22;18:9; edueatlonal2S:24 Edwin 8:4 81:157140:6;198:20; EEG 29/:3 251:11;299:17 eRaot 26 17 123 8 2 32 dust 256:11 ; : : ; : ; 126:2;129:11,17;131:3; dutltl 16:11,21;72c13 133:9;136:20;142:1l,18; duty 36.9 143:3, 6,12, 22, 24;144:2, 7,a14,16.24;1n11; E 177:23;178:2, 5:184:10, 23;185:7,17;186:4, 5, 6, , 10,10,12,16,21;192:2t; E 2219; 292:21; 320,8, 201:14; 205:19; 207:25; 11,17 221:16; 22523; 226:4; each 31:23,25; 56:11; 243:2:245:15; 246:7; 68:1e;184:22;196:16; 247:23.24;290:2,13,15; 214:8; 219:5; 221:2, 301:1; 305c& 312:2; 253:18; 283:13; 285:14, 329:6, 8; 335:1; 339:17 19, 22; 307:14:310:T efhob 10:12;14:6,7,14; 311:10 239, 9: 26:10:32:13,19; qrfNr 50:13; 51:1 S; 33:18, 21; 98:6,9;106:22, 68:10•, 70:2; 83:20; 87:1; 23;12Sf11;126:i;127:21; 89:2;101:1, 22;103:16; 135:19, 24;136:9,11; 104:2018:22;126:10; 137:2;143:14;145:5,10•, 127:1x 12s:10 1e; 14725;172:14;176:19, , 22;177:2 6 10 19:178:8; 131:18; 133:3,6;134:4, 8, , , , 23;143:18;144:5;145:8; 184:5,18, 21;185:3,15, 147:9,19;148:14;150:17; 16, 21;186:2; 208:8, 2tr, 151:2;153:S;1SS:19; 217:11,14, 20; 221:10,14; 158:17;159:1;163:8; 225:4; 226:6, 7~, 22r.7; 171:14;172:17;177:2; 228:22; 246:6,11; 248:1; 179:10-.186:13;194:7; 264:5, to 199:9; 200:16; 201:11; elficiency 95:2,12; 207:4; 208:7; 210:7; 118:1,4,5,12,18,19; 224:1; 226:5; 230:10; 130:21;1$1:24 233:14; 234:19; 243:3,12, effluent 289:15, 21; 18:2(4:7; 251:1; 254:17; 291:6,13,15; 292:8,14; 255:14; 256:8; 258:5; 293:1,4 260:1a 263:2•, 267:1, e; effort 43:11; 47:15: 271:11,13; 272:1; 275:12; 258:20 276:16; 278:15; 288:6; efforts 44:23; 133:5; 289:22; 290:4; 301:17; 192:16; 205:2 305:5; 306:12; 307:12; 310:9 12 20; 322:6; Ehmann 97:5,9,12,12; , , 324:23; 330:25; 336:24 308:3, 4, S eight 22:11;49:14 15 wry 59:8; 106:4; 155:1; , , 266:11 16; 244:23; 315:19 easier 45:8; 66:3; 70:12; elpht•hour 17:8,10,11 104:2;106:13;129:24 eighties 51:11;85:7,9; usiy 23:13 87:19; 96:18; 108:14; 193:13 14 Eastman 289:20 , either 11:23;13a;18:9; easy 265:8 20:17; 21:10; 22:17; a.t 172:9 29:10;33:12;36:10; Eolipse 36:23; 38:10; 40:23; 43:18;110:1,11; 103:10;129:20;130:6,1 t, 127:17;147a6,168:19; 21:131:9,14;132:20; 170:3, 25:174:11;198:4; 133:1,2;153:7,8,21,25; 202:10; 213:12; 221:11; 154:2, 5,11,16;155:4,10, 226:20; 227:23:2S1:1S: 12,15,16, 21, 22; 156:23; 254:23; 258:18; 2603: 164:2,14,15,16;165:9; 293:5:318:9 175:11.I8;176:1,7; elementary 112:6 266:10:2679,12; 282:17; elloh 2979 283:7 edhed 166:11 Eliminate 152:18 edltor 71:6 dlmination 291:22 else 14:16; 29:11;40:24; edhorial70:10 41:4, 6; 55:19; 57:17; educated 25:6 76:10,15,18; 93:16; 99:4; Educetion 58:4;75:8; 108:7;110:12;113:6; n ; - , r r•.n-•-: ., ,. -'P8YlZ1S SIIIAIZv. 1,oaaiiitn.iiosAoco aoMPANY, a at, 12211;123:1oan;is 168:4;19&6; 202:22; 211:3; 213:12; 282:3; 293:25: 299:17: 312:17 emisebns 274c15, 20 Emphysema z1b:21 ` emplqr96:17;312:17 empbyed 104:12; . 108axu1:9,1a163:13; 170:13;194:1; 232:24; 2619; 266:10,13; 269d1; 280:9; 281:24:283:5; 320:24; 332:5; 340:1,11 employee 23:2•, 31:3: 3/:23;61:1;106:13; . 174:18 employees 4a15,45:6; 174:15;182:3; 21621; 288:14 empbyer 194:15 employing 260:3 employment 29:7, 8; 40:16;70:18;245:2: 301:22; 306:2 employs 130:4 enclosed 302:17 encouraged 250:6 end 60:25; 81:10; 93:4, 10;100:6;121:25;156:7; 158:13088:6; 259:6; 271:18; 292:7; 294:20; 342:6 endopanoua 93:6; 107:5;117:14; 295:13 endpoint 1279,11; ~ 227:19; 294:2t 301:2 endpoInts 227:21 energy 227:8,11; 228:4 engage 194:21 engaged 171:18 enpineer 256:6:330:13 Engineering 274:7; 319:18 Enptand 219:1 enjoyment 172:21 enough 499; 89:18; 129:2;136:4;162:19; 204:14; 226:20; 2609: 275:24:301:5; 30/:6, 7, 8; 317:5 enrfeh 291:5 enrichinp 291:14; 292:13 entered 12:16;14:25; 30:8 entire 175:7; 285:20; 302:1; 32235 entkied 115:5,7,11,13, 21; 232:6; 288:16; 317b; 319:12;328:91331:20 environment 93:7; 275:16 Environmental 21:6; 78:16, 22, 23; 79:16; 156:16; 211:12,17;274:7 EPA 36:3; 274:10,15; 276:24 epWem1e1091041 215:22 equab 141:24;144:8; ~ 245:13 equ~tion 270••13„ , equlpment25a7 ... equivaent22125, ": pub.lents 48:7 error 267:23 eetablish 63:10 established 182:14; 340:1 asthnate 96:17; 222:17, 20:261a2 estlmation 106:4 et8:4,6;314:24 ethical 239:10 evaluate 23c7; 54:10; 71:18; 75:13t 98:17,18; 177:x4;190:17•, 21o:1s, 23; 211:12; 288:6; 290:7: 335:14; 336:25 eveluated 20:15;89:14; 153:2:167:13;192:3; 239:11; 297:21; 303:5 evaluating 31:11;89:15; 99:25; 225:4; 2379; 259:11;265:3 evaluation 34:4; 54:15; 76:22;100:2; 219:16; 229:15;231:9;266:15; ' ' 289:10; 290:9; 297:1 evaluatbns 29:21; 193:4:296:15 even 43:11; 51:17;77:7; 91:5; 98:25;108:2;112:5, 10;113:7;118:6;121:14; 128:10;134:10;154:17; 157:8; 164:5,6; 207:12; 210:21:211:3; 214:19; 226:18; 230:11,14; 246:6; 261:13; 267:21; 286:18; 3071 evening 294:2d evenly 105:5 event238:24 events 216:25 Eventualy 48:14; 82:18 every 219; 69:25, 2S; 124:1;157:14;182:4; 210:5; 22s:2o everybody 168:5; 211:2 everyday 239:22 everyone 93:16 evarythinp 43:13,14; Ln 82:15;114:23;136:1; r• 149:7 ~ evidenceS2:1;340:5 Lo evidant 170:24 F EW47:1,9,15:48:3,13, 0 14;49:3,3,11,21;50:11, m 19; 53:20; y1:20:55:19; 131:103333;1531; 267:7,16; 271:13,17 exact 85:10; 94:17; downstairs • exact (8) Diin-v-Berlpt® WAGA & SPINEIII (973) 992-4111
Page 113: nui31d00
~.. . iLOttn..vn TpBAa;O COMB?ANY, et aL, wo. m „1 MS. FORBES: Objection, roiachanaeriua. • A: What Tm saying in the IO)N pmcess.vas,the • process used ammonia to take nicotine out of the . t,: burky tobacco. Because the nicotine has a nhmgen n gcoup ln it, other ninogenous matetials in the an burley tobacco would dso be solubilised by the m ammonia and removed as well.Aad they would end up p In this KDN eHluem, be they nlaates or nheites or It niwsamines.Aad these are things that we would not nq want to expose consumers to too high a level of. till 0: Well, what does that bave - pq A: That's my deduction of the - ntp 0: What does that have to do whh enriching lq the nicotine in the KDN effluent? ps: MS. FORBES: Same objection.Asked and I+q omwered lm A: lb the best of my knowledge. I've answered your nq question any way-the best way I an.That's what till tt means to me. pol 0: On the page that has aging - see that at p,l the top? "E"? am A: Yes. psi 0: See that ehart? p,1 A: Yes. pq Q: Have you hard of the phtase Paps 293 I,I 'toncentrated KDN effluent"? m A: I don't remember the phrase. pl 0: Have you heard of the phtaae "super pi concentrated KDN effluent? m A: No, I don't remember that phrase either. p: 0: And down below that, were you familiar m with any concept of combining G-7 exttact with sn concentrated GJ KDN) pi A: I don't remember that as a concept to do that. oq 0: On the next page, do you see YVOVember 20;199 Prps Iv aplore to determine atLffaotion17 tq A: Item two ays,'Physiologlal endpoint for t3l satiffacdon," pareo, "EEG; cloae paten. Number Iq three says, 1k%`HHW/Clus[er/DFC." . A 0: Do you know.vhat that mans? . ly A: `HSS" is normally %iaed for human smoking ' mbehavior.'2AfSM" is humac mim7c smoking machine, but pn I don't remember what the other two are. N 0: How about four, undetnesth nal "satiafacdon? mi A: hem four ays, "Singte/muldple smokings" with ua an arrow aying,'blood plasma aicotine." I+sl 0: How about under ftve for atla6actioar t+q A: And ltem fivc says, "Chmnic nicotine dosee." pq 0: What does that mean to youv pa A: I don't know whhin this contest. m1 0: Underneath "Acceptance,H'-do you see t+n that? What's the number one item liated? Hn A: The number one hem under acceptance says, aml "Ftee versus bound nicorine," pareta "end smoke," p9 question ma$. im 0: And what's the second icem listed? pial MS. FORBES: Wait, just - objection. R•1 Jack, I'm glad to go this evening and to try to pm fmWt,but let's not just have Dr.Suberread- Paga 295 I+I MR. MAISTROS: He's not going to be fe there, so he has no other suay to do ic unless you m want to take the titne to turn h around and blow h µ1 up for the camen. p1 BY MR. MAISTROS: ~ 0: What's the second item listed underneath m acceptance of this product' pi MS. FORBES: Well, same objecdon.Thcre pn are plenry of techniques to do this other than having nm him read the documem. t++1 "sadsfanion7 till MR. MAISTROS: Okay, I'll read B. pq A: Yes. 1,x: 0: The second item underneath acceptance, ia pll p.l 0: Do you know who was describing satisfaction as how much nicotine yield is a targetr pn h not, Dr. Suba- "Endogenous vetsus surface pq nicothte"? isl hq h>t till MS. FORBES: Objection, mischatacterizes. 0: What does this page says at the top? A: The page at the top ays'Seaion F, Satisfaction' nA hq i,n nn A: Question mark-that's what it says. 0: AII right. Do you know what that means? A: No, I don't. 0: And the third item ays, "13ow much nn t+q Q: And what is the fnst item listed? A: Item one is, "How much nicotine yield Is a ng levulinic acid required for maximum smoothness?" po1 Correct? Qa target: question mark, parentheses -"FF," which till A: That's what it says. sM stands for full flavor. "FFLT; which stands for pn full flavor, low tar. "ULT," which stands for ultra pq low tu. "Smokers versus the produc[." pm pm pal1 0: And all these things are desaibing what? ~ MS. FORBES: Objection to the form. ~ 0: (Nestions that have to be answered to a) sa1 0: What else is listed underneath things to Iu1 determine acceptance of this product? `o ° r m 4D 00 Min-U-Scripst (77) Page 292 - Page 29! WAGA & SPI7VEILi (973) 992-4111
Page 114: nui31d00
Robest L Subet, Ph.D., November 20, I997 I31 A13:136:19; 1 S6.d, 6; IS9:10,13;201:15; 228:22; 249:21; 250:7; 251:19, 21, 22; 267:3; 271:18; 290.2J; 297:15; 325:16; 329:1 k+warad 262:10 lowest 94:16 lurrq I72:12 kmch 132:1 lunp 203:25; 204:4,12; 207:12;247:14,20 lunps 244:8 M machine 175:13:2lN:7 maplc 176:12 na11253:15 main 169-.21; 223:23 malny 16:24; 21023; 284:7 mainstream 156:9; 203:7,19, 21 naintain 171:17 maintainad 231:13 MAISTROS 8:22, 22; 9:6, 9,15,25;21:15,23;25:3, 6,8,11;29:2;37:12,16, 23; 41:22; 50:22; 53:2; 54:23; 55:2, 7,10,13,17; 59:15,21;61:14,15,20; 62:1, S, 9,12, 23; 63:6, 8, 14; 64:6, 9, 21, 24; 65:1, 4, 6,9,11,15,21:66:2,7,11, 20; 67:1; 69:21; 70:9,14; 99:17;100:4,12;114:4, 9, 14,19, 25:115:7,10,12, 13,16,17, 22, 24;116:15; 132:1, 9;140:19, 22; 158:11; 164:11,14, 18; 166:4, 6;167:23;178:12, 20;188:4,12;195:13,17, 23;1963; 217:17, 23; 220:8,11; 221:1, 22; 222:2, 7,10,18, 23; 229:11; 232:6; 233:7; 239:23; 240:21; 246:3; 253:4, 5,14; 261:1; 265:18, 20; 266:8; 273:7, 11; 279:1; 286:22, 2S; 295:1,l,11; 298:13; 303:7,15; 306:22; 313:25; 3149,12,16,18,19; 315:3,7,11,15, 22; 317:15,17; 322:17, 21; 323:2, 25; 324:5, 8,14,16; 328.3; 331:10,11; 336:11; 340:16, 23:341:8,12, 25; 342:6,9,13,18,21,25; 343:4, 8,11 major 238:20 majorhy 28:10; 237:22, 24 makes 52:6;76:5: 210:13; 271:25:335:18 makeup 139:12:2569 making 32:12:44:4; 87:17; 88:16,17; 230:25; 272:7 nWata 258:14;260:4 malk: 258:12;2W34; 260:16,19 man 245:13 manapanent 51:8; 55:25; 72:18; 74:4,16; 76:17; 97:24;108:4; 134:21;149:8;166:13; 168:6;170:10,14, 24; 173:15;27325 manapamanta 97:3 manager 30:8; 57:3; 71:10,16;749;77:17, 20; 96:8;171:1T,210:19,20; 22425:233:12,14, 25; 2349 nvna0an210:23; 224:21, 24 manner 23:11;106:18; 243:24; 315:4 manuhleturs 58:6, 9; 181:11,11 manuhieturad 109:4; 255:23 manufacturer 11:18; 32:12, 23; 33:1; 84:5; 91:10 Manufacturers 29:25; 56:20;219:24 manufactures 118:2; 181:9 manuhcturlnp 45:19, 24; 57:1tr 83:7,16; 84:15, 21; 85:12; 89:18; 98:10, 21; 99:21;104:12;111:6, 23;120:18;131:6;146:20; 256:16,17; 275:2; 276:11; 277:3, 7; 279:13, 25; 281:25; 282:13, 25; 283:6; 319:6; 328:2 many 119; 21:3; 26:16; 31:12;38:8;39:4;44.9,19; 68:19; 72:11; 85:$ 104:16;128:3;139:10; 163:25;183:17;185:14; 201:16; 2151; 218:12; 226:21; 243:12; 255:22; 296:9; 304:12,16; 305:2, 12,14; 309:6; 313:25; 319:24; 320:23; 324:18 Match 244:18 mar0inal 260:18 marpinalla 306:20, 24 marpins 307:1 Marilyn 9:4; 55:3; 61:21; 62:24; 65:2, 23; 70:9: 114:20;115:18;195:18; 314:1; 322:18; 341:25 mark 220:8; 273:8; 293:21; 294:21; 295:15; 297a0; 314:9:342:1, 2, 4, 9, 23; 343:1 Mark's 331:10 MARKED 220:10,12; 2229; 229:10,12:231:21; 240:18; 244:16; 248:14; 253:3; 260:23; 268:5; 2739; 286:21; 298:12; 300:4; 302:11; 308:1; , 314:20, 25:328:7; 330:16; 338:1; 342:12 markers 14:13 mark048:24, 25; 49:11; 50:10 53:11,14,16, 23; N:10;91:13;92:3,Sc 133:2:14973;150:2; , 154:18, 21;155:23:243:4; 259:2; 260:12; 265:17; 326:17 nqrkstad 48:14, 22; 49:5;148:20;150:5, 8, 9; 1649,11,12,13;181:3; 271:14 markem54:24 • markatinp 51:1;54:12: 153:7;153:24;181:1 marketplace 54:3:149:8; 164:17; 263:5; 272:5 Markham 13/:5 marrlad 11:3.5 Mary 71:13 mastar 309:23; 310:21 master's 13:15,13; 14:24; 261:6 mat 44:1 materlal 27:11,18; 58:25; 9020; 93:13; 102:21; 103:25;112:9;122:8, 9; 123:25; 139:4,4; 200:25; 237:7; 260:9; 265:4: 270:20; 284:16; 288:9; 289:23:296:2:305:8, 9 materials 14:12; 29:22; 50:5; 59:8; 71:18, 23; 92:10,11; 94:10,12; 106:21;107:10;110:14, 15;129:23;130:2i;183:3; 260:3; 267:4, 5; 291:8,11, 13; 292:5 maternal 247:16 matter 8:4; 25:14;136:2; 179:5; 207:9; 308:18 mattarad 207:10 mstters 31:2; 39:17; 40:10,12 maximum 119:19; 295:19 May10:19;13:11;17:7, 13,17; 20:20; 29:10,11; 37:15,19; 40:7; 41:10, 21, 23; 44:7; 45:3; 52:19; 57:24; 68:11,11; 81:20; 83:9; 98:I8; 99:23; 107:15;110:9,14;136:20; 151:10,16,18;157:23; 161:7;163:10;177:15,16; 186:25; 211:24; 228:21; 234:16; 239:20; 240:9; 245:7,14; 248:13; 256:6; 257:9:259:3; 264:4; 275:2,18; 298:23, 23; 330:17; 331:Z, 2; 339:B; PHYLLiS SDlALL v. ioxu3ARD rosACOO collPii.ivY, a aL, 341:17.18,20 mayba 15:2; 22:8; 51:11; 75:20; 85:9;100:2; 194:11;199:13; 200:14; . 216:7t 232:11; 242:11,12; 246:6; 259:11; 261:12.17; 287:8; 297:19 MeDonakl 219:17 McKenzie 289:2 maan 22:5:23:&28:24; 29:6; 39:3; 5024; S3:2o; l6:14,15;89:11;91:24; 112:2;113:16;125:7; 133:15;140:19;143:15; 155:507523;185:18; 189a6; 200:20; 202:7, 8, 16; 204:1, 8,10; 207:18; 224:23; 246:6, 22; 2479, 18; 25St3; 265:10; 277:2; 294:15; 313:14; 315:4,16; 320:8,14; 329:12; 341:5, 16 nwans 22:6;131:19; 2164; 231 c6; 246:23; 247:19; 292:19; 294:5; 295:16; 296:5; 297A; 298:4:320:7,15;3219; 322:3; 324:24; 327:2; 329:11,14,16; 330:1; 341:6 nrant 32:25:45:12; 50:16; 72:19;109:21; 161:15; 278:9; 288:4; 313:11; 319:4;320:17; 335:25 measure 113:14,18,19; 114:11;115:2; I18:3; 183:20:251:10; 266:19 measured 113:2;116:22; 14S:7;185:1; 273:1 measuramaM 113:3,12 measurements 67:13, 14; 68:12 measuru 17:4,22; 116:17;118:1 maasurinp 113:8 meats 310:16 mechanism 25024,25 Meckiey 300:6,7.8; 3019 Medical 14:21;13:12,14, 24;16:24, 25, 25;17:12, 14; 26:23:32:18;135:4; 202:12; 228:19 mediclns 14:19;219:1 meet 68:14 meeting 262:3 msetinps 30:4,15,16, 20; 72:23;166:24;168:21; 190:8; 333:16 melodramatk: 75:21 mambar 29:13,15,18; 30:1 members 54:21 memo 229:12,17,18, 23; 231:6,10; 232:16; 233:24; 234:16,19,19,24;2353; 238:19; 244:22; 248:2, 8: 249:4,17; 253:18, 22, 25; 261:15,17, 21; 262:5, 8; 263:22; 264:13, 23; 268:21; 271:11,18; . _ 272:16;273:18,21;274:8, 11,13, 22; 276.9; 286:23: 299:4, 6.8 , 9,13:301:12; 302:17; 303:2, 3, 4; 305:17; 308:8,11, IS,18; 309:22; 320:2; 327:24; 331:20; 332.9,14,15; 334:8,12,14,16,17 msmorandum 197:19, 20; 231:2$ 232:1; 233:8, 21;234:12,13;242:5: 243:17; 244:19; 253:13; 273:12,15,17t 284:10; 302:21;314:24;338:17, 25 mamory 38:12; 58:13: 69:6;71:14;110:4; 134:20:140:10;145:1, 3, 7, 23;146:3;147:11; 148:12;150:9;152:22; 153:22:155:10,13;1 S& S, 14;171:20;175:17;189:3; 19121;192:20;194:24; 208:21; 223•'9; 225:14; 249:19; 253:23; 255:25; 259:4; 26323:264:1; 266:13: 271:19•, 289:7; 307:8,17, 20; 310:7, 24; 311:12; 321:5; 322:5; 332:25; 333:15 memos 192:15:232:3; 243:21; 261:16; 331:4 mention 195:6, 8,10; 196:4,17; 268:16 mentioned 58:16;68:10; 70:2; 92:24; 104:24; 121:22;128:18;143:17; 145:8;148:14,1S:151:2; 153:5;184:22;185:2,6; 216:2; 224:1; 264:14; 278:14; 288:6; 289:22: 302:15; 307:12; 310:8,12; 330:25 mesh 89:5 mat 71:377T10 metabolic 227:10,16, 20; 228:9 metaboiism 152:7 metabolize 152:18 metaboliied 152:4,15; 203:9,14 method 2379; 332:20, 22 msthodolopy 181:20; 260:18; 267:23 Methods 28:2;181:19; 291:4; 334:24; 337:14 methy129:20 meticulous 43:11; 44:22 mk:e 22:3 mlcro 247:5 Mic robl o lo p la I 202:20 microprams 246:14 3 & SPI'NEi.iI (973) 992'4111 lowered - micrograms (14) Min•U-Scriptm WAGA
Page 115: nui31d00
LORIILUtD TOSAOCO OOIdPANY, et aL, 17,18, 20; 292:3; 300:2, 3: 103:21C 128:2:1619,14, 303:22; 321:2; 312:2fi 21, 24;162:25;163:11; 319:17:336:10; 337:13; 224:4, S; 300:10, 2S; 542:1 30aa 1:309:13:333:8, 21. ~ outbreaks 216:22, 22; 23 217:3 panel 5431; 210:21; outlinsd 26/:12 266:14; 312:5,16 outskN 2", 8; 58:23; pansllsts 55:18; 312:5 72:18,20.20,204:7; ' panels 5(:20:55:23t 78:14;101:7;107:18: 211:8;312:11 134:11;166:17;168:13; papsr 44:4; 58:10; 60:23; 177:4, 7;187:14; 200:18; 88:1 S,17; 899;105:10; 202:6,7,10,13,14, 2S; 109:14;155:9;156:25; 210:20; 228:18 179:17; 210:5; 281:23; over 43:12; 44:24; 57:2, 282:3, S 60:23; 64:12; 72:10; papen 57:25;7121; 76:22; 78:1;85:5; 86:6, 8; 134:22;150:18, 25t 96:4; 97:10;111:2;113:3; 156:25;174:2, 5,7,10,14; 130:8;136:14;147:4; 208:22; 210:3,14; 215d3; 1723, 2; 215:10; 222:6; 283:3, 4 234:22; 249:21; 251:5; panpraph 239:7,8; 262:15; 287:22; 307:15; 243:8, 22; 244:2, 3; 245:5, 310:1;312:1;313:2t 20; 246:10,18; 247:13 22; 336:14 , 259:19, 20; 263:19t ovar-exposad 33:17 264:13; 268:25; 274:23; ov,r-rousinp 49:1 275:4: 276:2c 279:10,12: ovsr-wraps 110:16 309:16; 312:25 overbroad 209:21; 235:5; 336:7 parapraphs 235:12; 2441 overdose 226:11 OversN 81:5;127:19 paramster 113:12 Paren 244:4; 258:2, 2,14, overstated 75:20 15; 259:23, 24, 24, 2S; 268:9 10; 294:3 20 3 own 123:4:194:19; , , , 237:16 par.nthuu 293:21; otone 29:22 334:24, 25; 337:21 Parkinson's 187:8 art 72:1 S 97:6 105:8 P p ; ; ; 110:8;111:5;118:10, 22; 119:4;120:22,126:1; Ptnsi 80:2 140:14,14;147:12; P-4oh•171:14 p.m 132:5, 6, 6, 8:178:16, 17,17,19;188:7, 8, 8,11: 240:16,17,17, 20; 265:23, 24, 24; 266:2; 303:11,12, 12,14; 340:19, 20, 20, 22; 343:16,18 package 239:12 packaging 34:24; 58:19 packinp 110:15 pape 235:13,14:238:18, 19; 243:19,19; 259:1 S; 263:18; 273:14; 275:6; 276:3; 287:12,18; 288:2, 15; 28713; 291:3; 292:20; 293:10,16,17; 297:11; 302:21; 303:9; 3079; 312:24; 317:7; 318:16; 322:25; 324:1; 325:15; 329:3, 4; 331:19; 334:6 ,papas 63:7, 9; 64:6; 67:1; 234:23;235:2,11;254:5, 7; 268:& 303:21; 305:21; 315:14; 318:11; 319:11; 323:16, 21, 2t 324:10 paid 40:9;167:15 paintinp 85:22;102:5; WAGA A SPA'FStI 179:10; 209:13; 235:16; 28910; 291:18,19; 298:18; 304:22; 305:22; 311:13 paR•tims 16:8 participap 135:15; 191:6; 212:23 participatad 282:21 partioies 256:18; 257:5 particular 20:24; 48:1; 81:4, 6;107:23;109:8; 110:19;112:16;135:1; 147:10091:13;195:7, 8: 235:11; 243:21; 259:7; 300:1,14, 24; 301:24; 306:10; 311:23; 337:6: 341:3 paRiculary 17:21; 136:21; 201:4:226:8; 315:16,18 particukde 203:5, 8,10, 17, 20, 21; 207:9; 236:1, 4; 237:4, 25; 238:4,13 parts 235:6:304:15; 328:13 pass 41:12;74:12 passes 130:18 (973) 992-4111 past 11:25: 37:10:42:6: 80:14; 82:13,15; 96:12, 108:3;129:4;163:1; 165:1, 4;169:17;187:11i 205:24; 276:18:330:21; 331:4 P21145:24: 263:23, 23; 264:15 patsnlsd'89:12 p.thobpist 167:3 pathology 13:19;149, 10, 20, 22;15:17, 21, 23, 25;16:1, 5,13,18, 22, 23; 17:4, 20, 20;183,10; 26:20; 27:7, 9, 22, 23: 167:2; 261:7,7 patient 17:23:23:16; 313 patronia 65:6 patterns 172:19 Paul8:4; 302:13 Paula 27:14 pay 167:6, 8;188:2 pact.t.338:21, 21; 339:9 pactin 284:20 psctins 90:7 Psncr79:2S pending 31:14 people 14:12;17:6; 19:1 S; 32:18; 40:22; 45:20; 46:7; 51:16,19; 54:10,13:56:16,18; 68:22; 69:15, 22; 70:4, 6; 72:1,11;106:11;107:7; 112:11;117:21;119:6; 120:16;122:15;123:20: 124:9, 24;1252;127:13; 131:16;134:10;141:3, 9; 143:19;149:18;180:1, 3; 152:11;153:15;156:17; 163:17, 25;164:22c 166:14,20,21;167:3,6,9; 168:7;169:19;170:21; 172:3,16; 173:20,24; 174:3:179:23;188:23; 198:22; 200:13; 201:12; 204:14; 209:5; 211:4, 9, 20; 213:10,14; 214:21; 215:1; 216:8; 218:25; 223:11,16,18; 224:3, 23; 225:2, 7: 227:17; 230:13: 236:7; 248:6,11; 249:1, 5; 251:24; 256:13,13; 258:21; 265:12; 273:13, 23, 24; 274:2, 4, 6, 6; 284:13; 296:20; 302:2,14; 305:15; 321:3; 330:3; 331:16; 339:25 peopie's 96:4 per 94:23;103:25;105:8; 147:23; 246:12,14,16; 247:7,16; 296:9; 304:22; 335:16,16 percent 94:2, 3, 4, 8, 24; 159:19;161:17, 23:176:4; 204:6; 257:19, 20; 259:2{, 25; 260:17,17, 20; 269:12; 271:20; 272:15; 301:24; 535:7 31:ia•U•Serip!® PercentaCe 95:6; 137:13:175:25 perlaety 280:7 Perfiltt 249:8, 8; 253:7, . 20; 254:12; 259:7,12; 260:6; 268:7; 269:1, 2; 299:10,15; 300:2 . _- -, Psn1at11's 2S3:2S' . -; psrlorm 1S0:2S . . performad 101:10; 144:23 . . . psrfusbn 247:6 perbd 21:24; 22:7; 4&22; 729; 79:5, 7: 85:11; a6:10:136:15;189:22; 191:18:253:21; 328:1; 335:3, e; 336:2 permission 993 parmlts 19:23 permktsd 20:7 p.roxklatbn 135:5 person 56;1;72:14;76:3; 82:21t 151:16; 287:20; 288:25:300:8; 320:4; 330:12 person's 62:24;17235 personal 209:25 Personally 46:3:71:3: 198:21 personnel 198:17 psrspaethn 54:4,12; 106:14, 25;134:13; 149:13 pestlcide 32:7, )o paticldu 18:22 psthbn 38:16 pethions 19:25 psttl 145:15, 18; 146:1 pH 63:23, 25; 64:4,15; 66:17; 675.9.13. 16: 68:1,7,1T 110:18, 20, 21, 25;111:2,4,6,9,12,13, 22;112:2,2,5,7,10,11, 13,15,18, 22:113:2, 8; 133:5, 7, 9, 9,10; 221:16; 266:17; 267:12,15, 20; 269:20; 270:6,16,19; 271:1, 8,1 S, 22; 272:6, 7, 8,11; 284:Z 290:2, 30,13, 15, 23, 25; 297:25; 316:16, 24 Ph.D 8:3; 9:11;100:10; 188:10•,199:25; 266:1 pharm 195:2 pharmaceutical 26:9; 208:2;270:15 pharmsceuticals 21:18; 26:7,11 pharmscokinstk 152:12,13,14; 223:20 pharmacoiopical 143:3, 5,11,13, 22, 24;144:1, 7, 8,14,16, 24;145:5; 147:25;172:14;184:5,10, 17, 21, 23:185:7, 8,10, 14,16,17, 21;186:2, 4, S, .: i Novembet 20,1997 10,11; 208:12; 271:4. 5; 290:5 pharmseob~bt 204:19; 270:10 pharnrcobpy 17:20, 24;18a0; 26:3, 5, 6,1$ 22, 24; 29:18;189:25; 218:18;223:5,10,17; 270:4 phase 102:13; 203:5, S. 10,11,16,17; 20, 21, 22, 25:207:10: $7:5, S, 25; 238:5, 5,13,13; 291A phases 236:1, 4 phenoil8trs phenols 19:6,7 phenomenon 125:1 Philip 274:9, 24; 275:8, 18, 20; 276:1, 8; 277:20, 24; 278:20; 286:5 phibsophy 13:18; 233:14234:21; 236:19; 272:1 phosphats 84s,7,13; 103:13,16;104:1,15,18; 105:13,18:106:16;107:4, 14;108:12;133:13,13,14; 153:25;151:1, 4, 7,13,14; 159:20, 21;160:4,11, 24; 277:16,17; 281:3; 282:18; 283:6:10,16c 284:4,15~ __ 22, 24; 285:25:303:5, 23, 24; 304:13; 306:13; 307:6, 18, 22; 309:20; 310:11; 311:6:316:4,10; 320:24; 321:10,13; 326:16, 24; 327:3:337:18 phrase 91:15, 21, 23, 25; 172:13;175:1; 292:25; 293:2, 3, 5 physieal 137:15:138:18; 139:22 physiobpical 12:24; 144:7; 26/:5,10; 294:2 physiology 12:20, 23; 13:16;14:15:1439,10•, 208:4, 5,11; 297:7 pick 23:12; 51:19;1193; 160:23; 235:8,10:339:4 pickad 15122; 201:25 pickinp 47:12 place 29:11; 44:5 pieces 43:23:44:4; 59:1; 66:15; 89:3:148:25; 158:1& 235:8, 9; 255:16; 336:10 PMh171:13 plp 247:8 pile 206:19, 20 pilot 2659 pinpoint 3069 pique 333:3 PKA 271:2 piace 30:21; 59:13; 81:14:92:1; 99:8;101:16; 108:10;162:20t 176:25; (17) outbrcaka • placv 51769 1012
Page 116: nui31d00
.. . .. aobert L Suber, Phl iA}L*iL:P^ TOBACCO GO111pANY, at a11., November 20, i% mld 85:4,7;108:14 middb 206:20 mlpht41:1S:215:3; 272:10; 290:1 S; 314:11; 14, 323:14;330:20,22;331A; 339:17 mua 66:9 mil8ary 12:S;1S:7 mlllipram 251:23, 24; 835:16 m811prams 117b,9.9, 10;175:15; 245:14,17; 246:12,16; 247:7,16 millipranrl/ldbprams 245.7 mtllion 105:8;304:22 mimic 294:7 mind 16:24; 30:1; 36:20; 38:90005;107:25; 132:2; 1353; 153:4; 178:12;199:4; 208:16; 225:14; 242:13; 305:10 mine 231:4; 323:20 minimlzinp 239:9 minimum 1199;171:16; 175:2 miniscula 104:23:105:7 minor 167:15 minuts 41:18; 65:19, 20; 188:5; 221:4; 232:12; 265:21; 340:17; 342:22 minutes 58:8; 39:13; 99:18; 262:3; 265:19; 302:23 mischar.eterize 195:18 mischaraoterited 195:13 mischaractarites 45:11; 51:5; 53:25;147:& 148:3; 181:12;193:12,16,19, 21, 25; 201:23; 236:23; 237:1; 238:11; 292:1; 293:15: 305:4; 327:15; 334:1; 337:8; 340:5 mischaractarizinp 62:4 miscounted 325:9 misnomered 150:7 misnpresem 115:10 miss 218:13 misssd 325:12 missinp 234:23 mfsspoke 212:15 mistakes 82:24 mix 89:2; 90:2; 99:3; 139:1 mlxad 311:1 mlxture 256:22 mobile 33:16,19 / mode 263:5 . models 17:6; 246:25 modifiers 297:23 modify I28:22;130:4 modifying 129:18 tnolar 247:5 WAGA A SPWF.i3I moW 90:2.3;105:11, 23 mukipape 287:1 nervous 143:17;145:10; Molecular 233:15; 234:9 nwst 98:23: 99:1; 277:20, 17619, 22. 23:177:3, 6. molecule 272:14 25 Il, 20.23;178:2.4, 8: moment 101:19; 1 07:23; mutaoarrk 246:1 185:3,8,10;186:12,17; 233:23 . muup.nicllia 332:10 2084 monhor 140:7„ monhorinp 17:6 ; mutapeniciy 13:9; 332:16, 21; 333:17; 335:2, neumto=fe 177:22 neutral204:21; 270:73 7,10,15 21;33fx21 23; 8, 8,17;93; New 8:7 monk6ys 246:12 , , , 337:3, 6,10 10:2, 3.7; 30:20; 47:6, 7, monograph 16(:2,14, mya11170:22; 216:3; 7, 8; SS:8:62:25; 65:24: 24;165:6.7, 20;166:8: 167:18 238:15 73:7;102:22;114:20, 21; 151:18 180:24 22 4 monopot.saium 250:12 ; ; ; : 13 182:4 187:6 81 4 14 monoxide 180:11 N ; ; : , ; 1 212:9; 2179,16; 218:25; month822:13,15;313:2 260:14 moratorium 21:22 Nabisco 38:17, 21, 22; newborn 247:19 10 20; 39:1 2 8 12 5 19 morbidity 2169; 217:1; , , , , , , , 40:1,5,9 newborns 246:7 218:11 11 newspaper 10:10 11 , morbidhy-mortaihy Nabiscos 39:4 , next 17:16; 59:13;116:8; nann 8:13;10:15 16; 216:11; 218:5 , 237:6; 240:14; 2u:14; 11:13;19:20 10; 24; 33:8 More 39:14,15; 52:16; , , 35:10; 39:8; N:7; 48:13; 245:20:247:3.13.22; 54:17; 58:14,22; 90:1,4; 49:21; 56:8; 66:8; 733: 254b,8, 22; 260:1; 101:15: 102:1,25; 108:25: 80:18; 88:4; 96:22; 263:18; 276:3; 277:19, 23; 121:25;122:1;123:22, 23; 109:11;133:12,17, 21; 289:13; 291:3:293:10; 134:14;139:18;153:16; 16[:7;182:21;189:15; 297:3;312:24;313:2,3: 156:8:158:5.6;162:12; 199:12.17; 229:21; 240:2: 317:6; 320:7; 325:8; 172:10; 181:15; 196:8; 264:14, 20•, 298:1; 329:25; 326:1; 329:17; 334:6 253:17; 262:12; 2649; 330:13 Nlq 133:19.23; 316:8, 266:14, 24; 281:12; named 16:1,4;26:2; 11,16,18t 327:2, 7,10, 20 283:17; 291:19; 310:22; 179:22 nkotaM 279:5 327:19; 333:20; 335:14; names 223:21 nkotine 13:4;18:12 16; 342:14 , Nation 29:19 28:13.16,19; 29:4; 37:5, morning 9:6, 8.16,17; 9; 38:2; 67:11 14 17 17:13 14; 201:2 11; National 163, 6;17:3,15; , , ; , , 210:12; 229:24; 272a 1; 27:9;159:11; 2525 68:2, 2, 9; 90:13,15; 273:6; 276:20; 304:5: nationaiy S49 92:22, 2S; 93:2, 5, 5, 8,11, ' 12,20,23:94:2.5 11, 9 310:25:316:22;318:8 natural 267.4; 310:13 , , 12,14, 22, 23, 25; 95:1, 6, Morris 274:9, 25; 275:8. naturally 131:1; 299:16 7, 11; 108:16,21; 109:23, 18, 21; 276:2, 8; 277:20, nature 55:24;67:6; 24,25;110:6,8,10; 25; 278:21; 286:5 7121;145:9;173:18; 113:14,16,21;114:12; mortality 217:2 214:19;310:17 115:2;116a8;117a,2,9. Mosberg 79:20; 224:6 . nausea 245:15 10,14,14,17;118:1,8. Most 22:11,13; 23:10,13; NCTR 19:10 15 12,14,15,17,18,19, 25; 68:21 141:13 145:25 , 119:4,9,14,19,24;120:2, ; ; ; near 11:1 7 121:6 11 20 23 25; 176:14; 183:8,9; 203:19; 251:24;301:1;330:10 Nebraska 156:2 ; , , , , 122:1,3,4,5,12;123:3, necessarly 333:6 16 23;124:6 14 2S; 14 mostly 203:8 necessary 98:17; , , , , 125:3.6,10,1$ 14,19. Motion 140:24 105:19;119:10,15; 25;126:2,4,11,1$12, motivated 126:25 139:13;199:2; 252:15 22;127:13;128:22:129:3, motivating 252:22 need 27:12;60:14;93:12; 11,18,22;I30:4,11,14, mouth 24:7,11,16; 161:8;188:3; 202:14; 20, 24;131:10,12;135:8, 213:14 205:8; 2)6:23; 224:16,17; 16,19, 21, 23;136:3, 8, move 11:1; 24:20; 61:18; 233:23; 235:10; 240:12; 12,17,19;137:1, 6,7; 63:19;6I:7;67;2;114:23; 298:10; 335:13 140:7,13, 25;141:5, 8,17, 21 24;142:4 23 11; 11l:16,19;116:14; needed 100:3;101:5; , , , 6 143:11 21 23;144:2 167:23 116:23;139:17;193:5; , , , , 12 24;145:5 14;146:18 moved 130:14 15 200:16 , . . , 23,25:147:5.6,10,12, movinp 306:15; 325:14 needing 173:17 14,17, 23;148:1, 6,12, much 22:13; S0:1 S; 71:6; needs 153:2; 222:3 16;151:24;1523,11, 21, 77:4;109:19, 20, 22; negate 25:20 25;153:8;156:8,14; 124:22, 25;125:2, 2, 6,10; nepatlve 270:23 157:5, 7, 9;171:16, 22; 131:8 13;139:10;141:20; 16 172:2 6 25;174:4 14 , 146:3;153:19;161:22; neptlplble 333:11; , , , , , 20 22;175:2 6 10 19 336:22; 337:4 . , , , , 172:7 10; 187:18; 213:11; 11, 20; 24;176:1 8 2 4 , 229:7; 257:17; 275:10,1 S, neighborhood 2192 , , , , 177:2,10;178:6;180:11; 16; 278:17; 293:14, 20; neither 147:25:168:20 183:19;18l:1, S, 8,18; 295:18 neonstal 247:14 185:7,17, 21:186:13.19, (973) 992-4111 Min-U-8criptM 22.23.24:187:1,3,7,10: I89:2S;190:5.7,10; 191:7,14;192:5,7; 200:14t 201:1.10.15, 21. 25;203:4,9,16,20,22, 24; 201:3, 6.11,13.19. 19;205:2,16,21;206:2,3. 4, 7, 8,13.15,18,19. 21, 25; 2073,12; 2083.12, 20, 2S; 209:2, 6,10,12, 16, 20; 210:4; 213:10.11; 221:11; 223:10,17,19; 225:7, 8,15,17; 226:4.6, 12, 20, 23; 227:3, & 10. 16,18; 228:3.8.23; 229:1, 4,5,5,5.15.19;2303,4, 7,14,14, 20; 231:14,14, 17,17; 242:11,12, 22; 243:9,12,15; 244:7,10, 11;245.1,10,17;246:15; 247:1, 21, 23, 24; 249:20; 2504, 8,17, 20, 24; 251:2, 11,12,16, 21; 254:14; 258:13.14,14; 259:22: 260:2, 4, 4,16:2629,11, 12.13, 23, 24; 263:2, 3, 10,13. 20, 21; 264:5: 265:15; 266:17,19, 22; 267:2,15,18; 268:1, 24; 269:21;270:3,8,14,17, 20; 271:8,16, 23; 272:13. 22; 273:5; 277:21; 278:1, 3.7,11,12,13,14,16,17, 21; 279:5.8,9; 280:10,14, 15; 283:22:284:3; 287:10; 289:6, 8,15.18, 20, 25; 290:3,10,13,16, 22; 291:1,5,15,17,19,24; 292:3.4,14; 293:14, 20; 294:12,14, 20; 295:14; 297:2, 9.15,19; 301:10; 317:20, 24; 318:23; 328:9: 329:1, 8,1& 23; 338:21, 23:339:5, 7; 340:2 nicotines 127:16; 201:8 nipht 219:5 nine 288:18; 325:3,7,7 nlnatean 331:25 nlneties 106:2, 4;155:1; 193:13 Nlnety-lour 164:19 nitrate 48:10 nitrates 2919, 21; 292:8 nhrhe 291:21 nitrites 291:9, 21; 292:8 nitrogen 131:19,21; 292:4 n(tropen-eontainlnp 48:10 nhropenous 2913; 292:5 nhrosamines 48:8, 9; 180:10; 291:9, 20; 292:9 no•eddhhn 42:22, 24; 52:11; 56:2 nobody 198:19 Nods 343:10 non 212:23 (1S) mid-llon 51769 1010
Page 117: nui31d00
RobeR L Suber, Ph.D., Novembet 20,1997 non•emmonis 161:3 nonsmmonlatad 332:11 nomNvuilnic 297:12 non-Reynolds 167y non-rodents 24:6 None 18:19,20;43:12, 12; 66:23; 91:1;122:20, 23;136:10;185:S:186:14: 247:25 nonresponsive 167:24 nonsmokers 135:6; 211:7,11,17,24,25; 212:4,S,12,17,20;2133, 12,19 nor 263:I1; 265:16; 279:2; 286:18 normal 12:24:14:15: 36:9;41:12;43:24;69:15. 17;137:25:140:12;1439, 10•,167:19:201:18; 2063, S,11; 214:24t 24l:13; 248:10; 258:1; 289:10,11; 290:7; 328:18 normslly 22:3:57:9; 78:14,19;179:13;188:24; 266:20; 294:6: 300:25; 301:19; 310:15; 31917; $36:2;337:23 Norman 70:1; 95:5,18; 314:3, 21; 328:8; 342:19, 22, 25:343:2, 4. S Norman's 61:2; 330:16; 338:2 North 8:I2;10:22 nose 24:4,11,13:25:13 Noseonly 23:24:24:1, 10, 23; 25:16,18 notation 232:10;283:8; 307:8,11; 324:23; 325:8; 3273,6 notations 286:10;326:7, 7 note 83:21; 248:25; 274:21 noted 83:19; 276:22; 283:16,19 nothing 18:24;49:12; 53:23;1059;128:21; 129:9;173:25;189:3: 191:20;206:1009:14: 217:10,15; 266:16 notice 60:7,18, 24; 61:2, 6,10,17; 62:7; 63:16,18; 67:5; 220:14,17:266:21 notlf ied 833;134:21 notifies 82:25 novel 165:3 November 8:13; 268:7, 13:302:12; 305:18 number 8:8; 24:23; 32:7; 76:5; 84:11;120:15; 123:19:144:7;148:11,12; 156:21;137:8;161:16; 176:12;179:22; 211:4; 215:12; 217:3; 218:6; 244:6; 250:4, S; 255:3,10; 2943,16,19; 300:16: 302:7; 304:21:307:12: 311:17,19,21;319:4; 324:5: 337:20; 342:24, 2S; 343:2, 4, S numbered 244:3; 301:18;305:20 numbsr994:21;113:22; 11722;131:10,12; 14013;148:10;159:16; 160:7;161:2;162:1, 6,16, 18, 23;175:16; 2N:9; 267:15,18; 307:14; 317:14; 324:4,12; 325:16 numenlor 118:15,17 nut 310:15 nuts 1079;142:7 Nystrom 71:25; 72:4,14; 73:1 Nystrom's 733 ~ O.D 226:22 oath 34:18; 35:15;38:6; 285:5; 286:2 Object 55:5; 61:22; 101:13;111:24; 220:23; 221:17; 331:3,12 Objection 20:14,19; 21:14; 22:25; 25:1; 37:11, 13: 39:2, 23; 40:7; 41:18; 45:2,10; 49:24; 50:20; St:S, 25; 52:19: 5325; . 54:Z3; 55:5, 8, 21:60:22; 62:4, 8,11; 67:19; 69:19, 23174:14;81:1,12,20; 82:1; 83:8; 84:10; 89:23; 99:23:100:19;101:1Y 103:23;104:5;10S:I2; 106:7, 20;107:3,1 S; 108:9,19,23;110:24; 111:7, 11; 112:25; 114:16; 115:4; 116:20; 117:5,19; 118:7,9,21;119:2,11,16, 21;120:4, 6;121:7; 122:13, 24;123:6,17; 1241,17;125:8, 22; 126:6;127:3,10,22; 128:8, 24;130:12, 22; 132:11,24;134:2,19; 135:10;137:3:138:14; 139:16;140:9,18, 21; 141:6,18;142:1;144:4, 10, 25;145:6,12;146:2; 147:1, 8,18;148:3, 8; 150:15;151:8;156:10; 159:17,24;160:22;161A, 19;162:9:163:22:168:11; 169:13.25;170:2, 5,11, 19:171:24;173:6;175:3; 176:9;177:12;178:11; 1803,14;183:16;184:12; 185:4;186:18;190:22; 191:3,10,17,19;193:19; 194:6,17, 23;195:12,15, 25;197:1 S, 24;199:8; 200:10; 201:23; 203:12; 203:4,1T 207:3; 209:21, 24:217:19; 215:5; 2179, 13; 220:1, 4; 221:17; 223:8; 223:11; 22654; 227:25; 228:17; 230.y, 21; 232:18; 234:13; 235:5: 23623; 237:1; 238:1 i; 248:4; 249:18; 250:22; 251:17; 252:3,10, 25; 254:1;256:2;257:15; 2599:263:1:267:13; 269:23t 270:18; 271:10, 24; 274:12:277a 1; 278:23; 279:6, 36,20; 280:11; 281:15; 283:23; 285:6; 286:16; 290:11,17; 292:1,13; 293:15; 29423; 295:8, 23:296:1,18; 297:17; 301:6,13:304:18; 305:4,19; 31019; 311:11; 312:14,20;313:13,16: 316:15,20;319:1,9; 320:1, 2S; 321:22; 322:4, 15, 25; 323:13:324:20; 325:5, 23; 326:4,10, 21, 25; 327:8,15:3283; 330c4, 8; 332:12,18; 333:5,14,19:334:1, 2Y 335:23; 336:7,18; 337:8, 19; 338:19; 339:2; 340:4; 342:3, S objectionable 108:3 objectlons 211:1,3 objectlve 239:10; 259:10 objectives 259:11 objMs 21:16 observation 335:19 observed 32:18; 72:22; 248:1 obtain 138:1:174:3; 225:9 obtained 14c1 obvious 236:7 obviously 63:23, 25; 244:19 occasion 71:4 occur 107:8 occurred 96:11 occurrence 247:15 occurs 78:6;188:1 October 71:8; 261:2; 319:13, 22, 25; 334:8 off 21:17; 43:25; 45:11: 59:9,16; 65:20, 21; 62:10, 22, 23; 83:2; 89:5,14; 90:23; 96:3; 98:22;10tr.7; 125:16;132:4;140:4; 156:1T 178:15:188:7; 206:19, 21; 209:18; 220:25; 240:15; 242:10, 24;249:21;257:23:258:7; 260:10, 25; 265:20, 22; 267:2; 303:8,10; 305:24; 31416,17;340:16,18; 343:15 Office 56:22; 83:25; 148:30;169:21;189:8; 283:9; 285:12 1'HY11IS SMALL v, LORIIIARD TOBACCO OOMPANY, et aL, oQkee 8:11.17:168:13 offshore 108:24 oibn 38:25; 39:11;183:8; 228:15,18 0h4ehonr 487549:1, 5, 12,20;50:10,17tS3:15; 51:8; 55:19 old 151:18; 244:23; 2989 Omeps 80•.17 onp 39:14,15;196:22; 203:14: 220:19: 256:24; 257:2: 261:16; 342:3,14 one 29:5,21;31:23;32:1, 3; 36:20; 38:9:39:5,17; 40:18, 20; 42:6, 7, 2S; 44:21; 49:15:57:4; 72:1, 14:78:17;80:15;81:4,6, 6; 85:22:87:22; 94:4, 8: 96:12, 23:100:7;101:14; 102:10;103:9:110:11; 113:10•,114a0;123:11, 18;128:4,17;130:2, 9, 24; 132:2;135:3:137:21; 142:4, 5;1l0:22;151:11, 11;154:1, 6,14:156:25: 163:4,10;165:22, 23, 23, 24;166:2,12;169:2; 172:6;177:17;179:13, 20; 183:19,23:185:23; 190:16, 23;191:14;193:2; 194:25;199:4, 9:201:25; 202:3, 23;205:14, 23; 208:20, 22;210:15;2149: 223:12; 224:24; 228:20, 22:229:7; 230:12; 231:16, 16,17; 232:4; 239:11; : 241:2,13; 242:14,19; 254:6, 7; 257:9,11; 263:11,17; 268:22; 274:5; 277:24; 284:15:288:25, 25: 293:20; 294:18,19, 299:25; 304:22, 22; 305:12:307:14; 309:12; 3102, 2; 311:5, 23; 314:25; 315:9; 318:12; 323:8, 21; 325:13; 330:14, 19;331:22 one's 209:2 one•tfms 245:12 on"r 22:10 ones 26:16; 49:15; 51:19; 74:24; 80:13:98:14; 107:23;127:15;183:9: 195:8; 223:22:238:16; 320:2, 3 only 22:10; 24:4; 25:13: 34:12; 36:9,17; 39:5; 42:25; 43:18; 44:21; 58:7; 69:21; 92:1; 93:11; 104:23:108[]0;116:17; 124:3;130:2,3,6;137:7; 141:7, 23;147:19;153:22; 154:6,12;155:19;156:23; 182:4;184:9;167:22; 2074; 209:25; 211:10, 2S; 214:5; 217:17:219:18; 220:13; 236:21; 237:23; 238:4; 248:9; 2S7:S, 6; 260:16,17, 20; 263:17; 267:2; 286:9:334:32, l4: 323:20; 3369 - eMo 258:6 ` , open 72:22 oparatbns1 288:14 opinbn 36:6; 60:15; 73:16,19, 23:76:1, 2, 4; 107:4;130:13;171:25; 172c15; 203:13; 207:6; 209:25; 214:25; 239:6: 262:5 . , opinbns 177:1 opportunlty 18:1Sc 75:13, 22:77:11;187:6 oppoa 220:3 opposad 24:11; 59:5; 225:8; 279:18; 341:21 opposhe 17:17; 188:1 optimum 119:14 orsl 22:3,16,17, 24; 233, 15; 77:3, 4; 246:15 orslly 244:9 order SS:12;127a8; 162:16; 243:18:250:9: 3249 ordinary 232:23, 25; 234:13;245:2;301:22; 306:2 organ 17:21,22 organic 179:5;183:2; 258:12,13; 259:1 organizational 222:13; 234:4 . orienLt 93:18, 24; 94:3; 139:11:153:23:257:8 oripins1139:4;185:13;. 252:1,4,7,8 originally 72:13;1139; 241:19; 252:24; 258:8; 266:13,18 oripInets 80:24 originates 80:25:813 OSHA 2449 others 809;127:14r 183:22; 263:9:299:23; 336:13 othervrise 26:11;193:4: 196:10 oun 113:11 ourselves 138:3:288:9 out 14:25; 21:9; 24:4; 28:21;43:14;44:1,5;68:8: 80:24; 89:4; 90:5, 6,13, 16; 92:10,18; 93:13: 103:24;105:4;109:7; 121:24;125:23;126:25; 130:14, 23:134:23; 143:14;156:7;15724; 160:23;163:16;16424; 165:25;166:3;170:1; 181:4;183:22, 24; 201:21; 205:16; 2074; 211:25; 213:15;215:9,11,12; 216:19; 235:8,10; 250:17; 251:2,11; 255:17:2579: 263:15; 278:16; 291:11, non•ammonla • out (16) Min•U•Scrip!® WAGA & SPINEUI (973) 992-4111
Page 118: nui31d00
Pli1Z21S SID1A11, i. LOAn v•4n TOBACCO CO114rANY, et sl., probet82:3:286:20 Protection 21:7 protoeol 25:15:99:25; 100:14;151c16; 210:10; 211:20 protocols 161:13: 210:23;?149 prototype 272:2 PrototyPa 176:1T 181:23; 268:23, 23 prove 3139 proven 20:11,13 provide 19:1 S: 33:5, 23; 34:5; 36:10; 37:8, 25; 42:5; 55:25;70:10; 220:6: 274:19:31&1 provldsd 35:18; 38:20, 22; 41:8,10; 42:18; 57:25; 5&12; 219:6:232:16; 285:4, 21; 286:4; 340:24 providing 37:18; 65:3 provinp 134:17 psyehoactlve 142:15, 18,22;143:2 psycholopioa1172:18; 188:21 psyohobqlsts 188:24 Psychophysiology 188:14 public 50:3; 286:13.19 Publieation 80:6; 216:24; 217:7 publications 27:20; 72:17,19; 177:7; 250:10 publicly 42:25; 274:14 publish 163:5 published 27:11,18,19; 72:18, 21;103:9;107:18; 157:25;164:2, 4;167:18; 210:5; 215:24; 216:10; 228:7; 250:4, 5; 333:13 puff 296:9 puffers 213:13 puffs 204:9; 296:9, 24 pull 110:11;182:22; 296:10 pulled 49:6; 53:11,14, 23; 311:3 pumped 24:20 purchase 217:12 purchased 187:10; 275:15; 328:1 purohasinp 289:19 pure 225:8,1 S; 226:12; 244:10; 289:1 S purest 327:10 purpose 73:25;106:6; 121:10,19; 127:20; 129:10,17;151:5; 207:24; 227:23:252:1, 4,7, 8; 269:3, 5; 312:18 purposes 272:18 pursuant 61:4 put 37:3; 47:13; 49:15; 55:4; 81:14; 82:11,12; 89:17; 90:25', 91:3 101:16;102:9;105:2t 116:18, 23:127:6;137:4; 138:2;1493054:21; 164:5:172:10;181:13; 190:17; 201:1; 206:5,19; 231:12; 251:21; 252:18, 20; 253:19; 257:12,18, 21, 23; 260:11; 2633: 26s:8, 1S; 272:5; 273:3; 27&17; 286:8; 312:3; 313:18; 3193; 320:20; 328:5 puts 219 puttlnp 56:25;121:1; 201:12:236:18; 258:18, 19; 3(1:10 pyraLine 187:1; 272:21 pyralnes 129:22; 130:25;267:4t272:21; 273:4 pyridlns 187:1 pyridlnss 129:22; 130:25; 267:3; 273:5 pyroysis 299:17 0 qualMyinp 236:16 questioned 76:8,11; 108:4 questionnaire 214:16 questionnalru 214:4 qulbbls 236:17; 239:20 qu kk 59:14; 240:14; 314:7 qukkest 38:9 quickly 135:3;153:4; 270:25:298:17 Ouincy 12:11, 11 quote 105:22;123:21; 215:20; 247:24; 267:20; 299:25:335:3,6,8 quotes 245:11; 267:19 rat 246:I1, 25, 25; 247:16:26331 rala 23:10;118:19; 136:18;154:2; 208:10; 227:10,17, 20: 22&4, 9; 247:4,11; 296:8, 23, 2S: 298:5 reta 203:15 rather 237:7 ratinp 19:12 ratio 20:5;109:23, 25; 117:22c148:14,15;250•.8; 262:11; 268:24; 272:14; . 287:10; 297:19; 317:20 rationale 23&20 ratbs 117:3,16;158:22; 256:14, 22; 257:6; 268:1; 317:24 rats 22:3: 246:9; 247:19 re-reed 28230 reach 75:22 rwchsd 204:11 rsaet 200c8 reacted 123:13 reaction 107:6, 8, 9,10; 277:19, 21; 278:2; 284:16; 310:11,14,14;311:5,7; 312:22 rsscls 107:5 read 103, 9,11; 60:7; 64:12: 95:24, 25;1141.9; 136:14;143:13;157:14; 173:23;174:12,13,14; 177:4;197:2•, 208:22; 210:3, 7, 9; 215:23; 218:13, 24; 235:4; 243:18; 246: 10; 252:11, 14; 253:8; 254:2; 259:18; 261:17; 273:18; 294:25; 295:10, 11; 298:18, 22, 2S; 300:18; 306:11; 307:1; 308:12,15; 312:25; 331:7,14; 332:13, 14,25; 333:2, 3:334:19; 335:12; 336:17,19: 337:5, 12; 33& 10, 25; 339:3: WAGA & SPINIIII 340:9,14 R readily 203:24; 207:13; 244:8 reading 166:5;174:5; R B:S; 9:5; 40:2 4; 61:4; , 209:9; 219:5:234:25; 70:24; 74:1 S; 80:16; 91 263:22; 279:9 12; 3019; 92:17;129:5;168:2, 6; , 169:7;173:14;187:15,17; 309:22; 340:7 210:23: 222:14; 249:1; real 54:& 113:7; 238:12; 272:3; 273:25; 278:25; 260:19, 22 284:19; 308:6; 323•9; reality 224:21, 22 330:1 really 26:6, 9; 50:15; R++s 299:11 53:8; 95:3; 99:13;106:22; R-O-vi-rd.rrM-a 113:5;117:20;121:8; 158:10 126:8, 8;133:7;155:2; 24; 158:18;165:23 Ro-bv-r410:17 , 182:11;194:9; 202:1; raise 297:15 206:6; 230:17; 265:1; raised 107:25. 281:1; 284:17, 20; 297:4: range 94:8;117:16; 301:17;317d; 269:11; 271:18; 276:1, 7 reaim 236:16; 238:6; rank 15:3 240:6 ranks 157:24 reapplied 311:7 (973) 992-4111 Mis-uscriptm Robert L Subte,'P~h.D„ November 20,1997 reapPhino 322:8 reeaon 116:17;1209 126:1,9,19, 23;172:16; 174:3;182:2;193:3; ; 207:4; 208:24; 211:21; 217:17; 224:19; 249:N; 275:2 . 162:7; 251:10; 252:2; 254:14, 23: 255:7, 9,1S, : 23; 256:10,17,19; 257:2; 258:11;280:18,24; ' 281:14,17, 20; 303:6, 22; reasons 218:7;23&12; 237:22, 23; 282:24; 283:5; 311:5:340:10 ` recall 17:24; 853;103:Y; 107:24;135:2;160:19; 173:251-1743;192,4); 229:16,18,1&232:1; 233:8; 234:16,18:242:4, 6; 244:18, 22; 248:19; 253:10,13; 261:21, 23; 263:19; 2643:268:12,16; 273:14, 21; 287:2; 298:15; 299:6,8,9;300:17,21,22; 301:14; 302:21; 303:2; 308:10,15,17;318:3,4,6; 328:10; 333:1; 334:13,14, 15,16,17 rweive 216:11,15; 261:16; 319:3 received 12:19:13:14; 96:6; 200:1:216:12; 274:13; 299:3:315:5 r.eeivinp 229:17; 233:8: 234:16,18; 242:4, 6: 248:19, 21; 253:10,13; 261:18, 21; 298:1 S; 299:6, 8; 300:17; 301:14,18; 302:21; 308:10,16,17 recently 42:7,12; 340:25 reeeptor264:4,§ receptors 145:14;146:9, 13,18, 24, 25; 263:21, 24; 264:18 RECESS 59:18;100:8; 132:6;178:17;188:8; 240:17; 265:24; 303:12; 340:20 rseipient 218:10 reeite 207:23 racopnize 226:2; 288:24; 306:23, 23 recollect 242:3; 271:12 recollection 160:17; 191:23;193:15, 25; 199:21; 205:22; 217:5, 24; 262:7, 22; 271:7; 321:14 recommend 108:5; 162:20 recommended 108:4; 198:5:268:18 recon 108:8 reconstituted 43:15,17, 20, 22; 44:9; 86:21, 24; 87:2; 88:14,19, 24, 24; 89:9, 21; 90:4,19; 92:9; 93:19; 94:6,10,11; 103:15;104:16, 25; 109:17,19, 20;153:17; 154:5,10 155:13;158:15, 17, 20, 25;159:2, 5,13, 15;160:8, 20;161:3.4,18; (19) 304:3t 307:6,11, 21; 3101; 316:3; 319:24; 320:23; 321:21c 325:20; 326:2, 9, 23; 327:13; 3383,15, 22; 339:9; 340:11 , reeonstkutbn>s9:1 record 8:2, 20; 553: 59:17, 20; 63:9:65:20, 22, 23; 66:25;100:7,11; 114:23;115:20;132:S.8; 178:16,197185:24;188:7, 11; 217:9; 221:24; 240:16. 20; 260:25; 26511, 23; 266:2, 3; 303:9,11,14; 306:20;314:16,17; 340:16,19, 22; 343:16 records 32:19;160:13; 198:17 reoover10:13 rocruh 213:17 rscrulted 211:9, 25 nrd.Hne 126.7 reduce 47:16;48:5; 108:16; 149:11; 156:19, 22:206:1; 217:19:251:16; 252:13,15, 24; 287:9; --- - 291:24; 298:4 reduced 489; 49:23; 50:12,16,18; 54:22; 55:20;157:1; 24784 reducing 190:21;191:1 Reduction 3289 real 318:1 Rea 299:11,14; 302:13, 16; 305:23 rater 195:23:310:3; 329:21 reference 95:23;125:17; 240:7,12; 245:18; 299:22; 310:6; 319:20 referred 9:2;102:8; 242:15; 264:23; 337:24 referring 45:22;118:11; 121:5; 337:16,17 rofers 3033; 309:15; 326:8; 32&23 roflect 66:25; 322:24 reflected 2423 reflects 264:25 refresh 69:5;199:21; 262:22; 271:6 repardinp 34:24; 35:21; 47:25; 74:8; 81:23;100:1; 101:13t313:18 regardless 20325; 207:8; 311:20 regular 29:7, 8; 46:10; 49:4; 52:17;156:24; 321:8; 322:12; 323:4,12 regulation 219:7,12; 220:3 prOteCt • regulatior 51769 1014
Page 119: nui31d00
Robert L 8k3Der, Ph-D., November 20,1997 230:2; 2629; 286:9; 316:7,13.19,21;318:23 addiction 210:2, 4 addictive 135:9;191:8; 209:2P 219:25; 221:12 addin0 270:5; 319••8 addition 88:23;108:7; 146:19;150••24; 259:23; 337:17 additional 163:17; 285:19; 289:5; 3179 eddhive 19:12;20:8; 23:14; 36:21, 2S; 39.9,18; 49:13; 51:23; 849 121:18;1299,16;130:3; 265:15; 268:10,14; 270:15; 307:22 addilhras 18:22; 43:7,18; 44:2$ 23; 45:1; 46:8,15; 51:7,17; 52:5,7; 54:16; 57:12, 22; 58:R 83:11; 88:20.21,22;99:21; 121:5,10;129'.25;177:18, 19;178:4-192:17; 286:15 addraas 10:20; 244:25; 250:9; 328:24 addresses 284:1 addressinp 322:25 adhesives 57:25; 58:14 18;109:16 adjacsnt189a1 adjunct 26:2 adjust 230:7; 266:17; 279:9:301:3; 316:24 adjusted 316:16 adjustments 266:21 adminlstared 247:16, 21 Administration 38:24; 246:21; 247:5, 7 Administration's 16:2,6 adult 213:18 aduhs214:25 Advanced 318:2 adverse 14:6, 7; 26:10; 32:13,19;125:21;127:21; 135:17,19,24;136:5,9. 11;179:24;183:14; 214:10; 225:25; 226:4, 6,7 advertlsed 156:3 advenisemants 116:19 advertisinp 42:10,15, 17, 20, 21;113:20, 21; 116:24;156:5;164:5 advke 39:16,17 advlsed 263:19; 264:3; 282:11 advislnp 243:25; 262:8; 299:11 advisory 167:11 aeroeol 112:9; 203•6; 243:24 Affairs 29:16; 309; 57:3; 71:10,16; 72:12; 73:3,13, 14; 74:1; 77:18, 22, 24; 78:1, 24; 79:14; 81:7; 200:5, 6, & 223:6, 23; 229:15; 242:18; 261:6; 268:9 affeel 124:14; 126:11, 11, 12;129:3;159:16; 206:25; 267:12; 281:14,16; 283:21;336:21 eMaeted 122:12;146:24; 228:4:332:20 s4aetinp 281:19 aMeCU 111:6;1439 aNidwh 35:19 aflirmatlwly 213:21 Again 19:8; 25:1,14; 37:22; 51:14; 53:17, 22; 879; 89:1 S; 9733; 119:25;121:17;148:9; 151:15;153:11;172:2; 176:25;191:4;196:2; 217:22;220:19;228:2: 238:14; 242:1, 6; 244:22, 22; 253:8; 261:16, 22; 267:11; 269:11; 272:8; 2983; 30¢12; 3229; 323:1; 336:4 apainst 53:6; 211:17; 212:7 apenoia 36:8; 40:15; 202:6,7,8,9 Agency 21:5, 7; 35:20; 36:14; 219:9; 282:23 agent 87:21;101:2: 104:19, 23; 208:3; 27015 agents 85:15; 86:7 aoes 11:11 aggregate 136:22 aging 292:20 09032:8; 35:5, 6: 49:16; 51:8; 58:8; 77:7; 963; 120:16;154:22;189:24; 227:22; 238:7, 7, 8; 283:12 agree 52:14; 83:3; 123:24; 235:10, 236:2, 3. 5, 9,11,12,13; 237:2, 4, 6, 11, 21; 238:9,10,12, 24; 239:12; 243:11; 264:7; 299:20 agreement 83:1 Ah 199:12 ahead 59:15;70:13; 89: 24;115: 23:116:13; 313:18 aid 83:19, 22; 84:8, 20, 22;100:25;107:2;129:17; 276:11,19, 24; 277:3, 7; 279:11,13, 25; 283:17,19; 284:8, 20; 286:1 sids 57:8,14,17; 83:24; 100:17, 20 aimed 134:17 air 43:6; 244:9:274:20 a18:5,6 Alan 71:13 alarminp 314:15 aldehyde 178:23 Alex 192:21;193:2, 20, 21;194:8 allege 32:9:95:1;136:20 alleged 98:6; 183:14; 217419; 218:7 aiNplnp 10:8 : Allen70:1,3 ; , allow 52:4; 211:7; 212:25; 213:3; 252:12 allowed 19:18,18, 20; 20:10: 21:19; 24:13: 82: 9, 9; 99:2;140:2; 211:5 allowing 212:12 allows 21:21; 24:3; 129:22;130:14; 251:21 alluded 250:10 alluding 313:17 almost 103:1& 1059; 112:20; 214:4; 256:4; 272:12 alone 88:16; 337:5 along 41:12,16;65:5; 120:9;121:13,14;146:5; 162:11;174:5; 213:16; 258:17; 296:7; 311:4; 321:5; 3244 333:1 already 30:2a 53:21; 61:7;107:6;135:20; 157:24, 25;181:19; 220:24; 222:5; 244:5; 267:20;299:18 aiter 122:5;128:22; 208:3, 5; 262:24; 271:21 aherations 317:20 ahemd 146:19; 317:24 aharinp 207:25 Ahernat.298:3; 329:5 ahernative 29:22;150:9, 10 alternativq 277:8c 297:21; 298:6 aiuminum 137:15, 21, 24; 140:1; 155:16 alveoli 204:12 always $0:7; 57:11,13; 38:3; 77:14;79:2, 8; 84:18; 88:8, 9; 211:9; 238:21; 245:24; 259:5; 262:19; 263:4; 270:13; 296:14 Alzhelmar'a 187:8 Amendment 274:15 Amerla 29:25 Anxs 13:6;100:3;102:1; 122:16;157:17,19, 20, 24; 158:1, 6;159:4, 8,14,16, 18;160:3, 7,12,17;161:2, 15,16, 25;162:10,16,18, 18, 23;163:8, 9: 330:18, 22; 331:1, 5, 20t 333:7; 334:8; 336:15 amide 338:21;339:9 ammonia 45:7; 64:16; 66:17; 67:5, 7,12,16; 68:1; 84:2, 8,11,14,19; 90:13;103:22, 24, 25; 104:3, 4, 6, 8,14;105:25; 106:10,16;107:13;108:3, FIiTi.1IS SMAIS. v. Z,pAtr i a4T TOBACCO Cp11ipANY, et al., 7,11;13336,17, 22; 154:10,12, 23;155:1: 159:15,23;160:3,S,8,9, 14,18, 20, 20;161:2,18, 2t 162:8; 204:25; 205:10, 14,20;206:1,4,11,24; 207:5; 2759,11,13, 21, 24; 276:5,11,18, 24; 277:3,6,13,14, 25; 278:17, 21; 279:4, 8,13, 23.25; 2809,13,14, 21, 23; 281:1, 7,13, 24; 282:6, 13, 25; 292:3,7; 309:20; 310:12 311:1; 316:12 17; 320:24; 3219,1$15; 326:9,24;327:5,10.13, 20, 24; 332:21; 334:24, 25; 336:16; 337:18, 21, 22, 22; 338:20; 339:8, 20, 23 ammonla4elated 104:11 ammonlate 326:12,14 ammonlated 321:9; 322:1,12,13; 323:4, 5; 326:1; 332:10•, 333:17, 24; 334:4, 8; 335:1, 9; 336:20; 337:1; 338:3,15, 22 ammonlatinp 322:8 ammoniatbn 309:15; 310:4; 332:16, 20; 333:7, 10; 334:23; 335:5; 337:17; 340:1,11 ammonium 1049,18, 21, 22;105;2,15,16,16, 18; 106:16; 107:14; 133:14; 277:20; 283:10; 284:18; 291:18; 316:23; s 326:15,15,16; 327:5; 337:1, 23 among 286:18 amount 101:14; 118:25; 119:9,14,19;122:5; 252:15; 278:16; 291:17; 311:14; 327:24 amounts 250:8; 275:22, 23,24 analog 186:23 analogs 186:24;187:4,7, 10 analyses 181:25;182:12 anaiysis 68:7;183:21; 273:2 anaiytieal 187:16; 260:18, 21; 267:23; 291:4 analyze 151:24;18020, 22,22 anaiyzed 307:5 andbr 28:16,19•,84:7: 178:6 Andy 98:3 animal 12:20, 23;17:6; 22:2, 5, 6, 7; 24:13,17; 2539;1003;102:4; 162:13; 169:1, 11; 170:8, 18, 23;186:9;187:20, 22; 194:13;195:1, 5; 202:19; 224:4, 6; 246:25; 288:7 anImsis 12:25;14:13: 23:17; 24:3; 25:18; 161:13,14;177:11: 202:24; 221:11; 24721; . 300:25; 301:4, 6 answered 38:19; 50:21, 22, 24; 70••8; 81:2;111:25; 116:1, 4;125:9;126:14; 128:10;177:13:1999; 205:13; 212:8; 214:3; 220:15; 290:22; 292:16, 17; 293:24; 296:19; - 321:23; 327t9:340:13 anybody 69:9,13; 174:17 anymon 108:13; 25124; 337:14 anyone 27:2; 40:25; 41:4, 6; 49:20; 59:25; 66:1; 71*24; 73:23; 74:13; 76:10,15,18;146:12,16; 171:19;174:2, 25;191:6; 198:1,3,S,8,15,25; 199:5:202:22; 211:3: 225:14; 286:12; 3(1:3,13 anyway 161:24; 261:14 anywhere 55:19;197:2 apart 36:12; 62:18 apparatus 24:T 138:6; 238:23 Apparently 242:17; 301:7 appeal 54:17; 329:10,13, 15 appear 232:15; 233:22; 234:12, 23; 243:16; 254:5, 7; 256:6; 2759; 301:11; 305:16; 324:3 appannoes 8:19 appeared 36:13,16; 85:3 eppean 253:24; 273:13 appethe 227:4 Appleton 229:13; 232:20 applkabM 250:16 application 102:3; 284:22 Applioatbns 317:9; 329:5 appl•wd 58:25; 59:5, 6, 8, 10; 218:17,18; 255:21; 258:2; 312:22; 332:22 apply 260:9; 284:23 appreciate 59:14 approach 135:25; 297:12 approva180:8; 225:10; 254:13; 258:11 approve 21:12;124:2 approved 20:4; 202:3, 7, 11 approves 21:19 approximstaiy 35:6; 87:2; 96:10; 222:15; 259:23, 25; 308:11 April 323:23; 324:19; 325:21; 327:13 aqueous 104:4, 6, 8,10; addiction • aqueous (2) Min-V•Sczipt® WAGA !k SPIIVFI.LI (973) 992-4111
Page 120: nui31d00
r \ :aAle~ s~ wwar.nry I, R EL„ dellver 22:21 d.INerable 23:13 dallwnd 2b:14; 36:22: 335:'s deliverf.s 128:23 dellvers 235:19, 24; 236:6,13 delivery 126:12,13; 174:16; 262:24 denominator 118:16 dense 139:24 denying 227:24 department 14:20; 15:21; 40:20, 24; 70:25; 191:5;249:7,11 depend 243:13,13 dependenee- producinp 221:14 depending 84:12; 93:6; 1l1:21;158:21;175:14, 15;176:19;284:25; 304:21 depends 184:24; 284:15 depiction 317:3 dapieters 29:22 depo 314:3 deposed 30:22; 31:12; 34:12,14; 35:7, 8; 69:10, 12,14,22,24 deposkion 8:3,10; 60:6, 7;61:1,2;64:11;68:15; 70:16;100:10;188:10; 220:14,18; 266:1; 268:20; 314:21; 328:8; 330:16; 338:2; 341:15, 21; 342:2; 343:14,18 deposltbns 30:25; 31:19; 34:17; 69:7,16; 70:4, 6 describe 249:19; 285:10 described 71:15,17; 105:11;144:16;154:6; 208:13; 250:14; 310:25; 333:13 describes 269:4 describing 269:3; 293:13; 295:22 description 265:2; 326:20 design 95:19; 98:17; 101:13,17;109:2, 9,10; 110:9,13,19, 23;111:1; 113:5;117:11,12;118:10, 23;119:5;134:13;140:16, 23:141:22c 1479, 21; 152:8;155:20;181:10; 182:5; 210:13; 217:19; 237:16 designated 266:4 designed 109:7, 8; 112:12;139:20;141:2,19, 20;144:6;147:10:131:9; 175:18; 176:11,16; 192:3 designing 111:1 designs 140:14;210:13 desire 197:4 daslres 144:17 . ' ' deak 128:4; 216:16; 218:13; 232:3 desks 96A;173:1a datroysd 90:21 detail 210:8; 229:2q 263:25; 264:19 details 10:13;80:19; 86:2;188:19;192:23; . 196:21; 223:13 determine 14:13;17:22; 19:11,12; 20:5; 21:25; 234;77:11;98:15; 107:12;112:22;119:8,14, 19, 24:120:2;124:15; 126:3:127:20;135:8; 144:24;156:14;159:15: 160:6;169:10:171:16; 17224;174:20;176:18; 178:1, 8;179:8;193:1; 194:8; 225:23; 2283; 238:16; 263:7; 289:5; 294:1:295:25; 3023 determined 141:15; 176:7 dsterminino 151:6; 247:23 develop 119:24; 260:14 developed 147:3; 154:16;156:25;161:12; 165:3; 387:3; 219:20; 238:2, 4; 251:3 dsvelop.r98:25 developers 181:12; 187:19 developing 80:20; 131:16;142:12;147:4; 151:23; 270:24; 290:22 development 27:5; 140:6;154:20; 238:21; 239:10; 241:8; 249•9; 256:12,13; 266:12, 20; 272:3:274:5:281 a 1; 289:12; 308:6; 312:23; 317:8; 318:2; 320:4 develops 151:16 deviation 260:22 device 80:21;174:16 diammonium 84:2, 7,13: 103:12,15;104:1,15,18; 105:13, 18; 106:16; 107:4, 13; 108:11; 133:12, 13; 1 S3:2S;154:1, 4, 7,13,13; 159:20, 21;160:4,11, 24; 277:15,17; 281:3; 282:18; 283:6,10,15,18; 2843, 14, 22, 24; 285:25; 303:5, 23, 24; 304:13; 306:13; 307:6,18, 21; 309:20; 310:10; 311:6; 316:4,10; 320:24; 321:10,13; 326:16, 24; 3273; 337:18 dibasic 133:15 dibronachioropropans 32:1, 5, 6 Dick 249:6; 288:24; 330:13 WAGA & SPIIqB.LI (973) 992-4111 DIET88:5.6;218:8 170:25:257:24; 268:16 DIET'a 889 dMhr 16:21;'N:6;134:6; director 569; 70:24; 77:20;96:8,16; 233:18; 138:23;257b diMennce 26:4; 49:10; 53:4, S; 58:20, 22;127:12, 15,16;131:1058:4; 1603,7,12,17;176:18; 228:25; 256:7; 2579; 262:17;263:10•,267:17, 19.22,25; 271:15; 323:3, 11,14; 327:6; 333:10; 335:10,17; 336:21 dMhreneas 43:3: 51:18; 95:124135:6;153:12; 159:21;161:15;183:11; 256:5 dilhrent 17:5, 19; 22:20; 23:21; 35:23, 24, 25; 36:18; 38:14; 449,12,16, 19; 50:5:53:7; 54:3,19: 64:12; 66:15,17; 67:4; 68:9; 70:1 t 74:24; 86:23; 87:2, 3,7,10,12, 22; 88:1S,16,19,20,21,21, 22;89:20;91•9,11;101:9, 14,16,17;104:11;134:24; 138:18;141:11,12;150:1; 151:21;1521;153:5, 6, 7, 9,12;1S8:2, 20, 22, 24, 25;162:23;170:15; 171:12;176:1$13,13; 179:12;181:5, 22, 25; 183:6;187:5:203:16; 216:6, 7; 219:5; 224:24; 230:16; 231:1 S; 25522; 256:1, 6,14,14; 260:14; 263:16; 267:9; 268:24; 284:17;290:24;300:13; 311:18; 315:12,13,14; 319:24; 324:1& 325:3; 328:25; 329:2, 2; 339:16 dl}Ierentiats 53:18; 256:24:257:1 diflerently 123:20; 124:24;152:11;183:25; 184:1; 203:14 dilf icuR 44:25; 45:13,14, 16,25;50:3,7 dlHkuhy 186:3:197:6; 226:10 dig 263:14 OlMarco 30:19; 41:3; 71:12; 74:21; 75:5;76:14, 20, 24; 79:5;170:20; 274:1,1 DlMarco's 74:22 dioxide 43:1, 3, 4; 85:6, 23; 87:19, 21, 25;103:5 . r.+~VV®Oel,-LYs15~9% . 298:14,16,21;299:2c ~ 300:17,17,19; 301:21; 302:2,25;306;9,20,24; . 314:23, 23; 3159,17; 317:6; 21; 320:10; 321:19, 23, 24; 325:1,15; 326:11; 327:11; 3289:11,12;13, 15, 23, 24; 339i3:15,17, 24; 3313; 334:10; 336:8; 338:2,13.14 ebcunrnb/d 125:12;. 226:6, 8 documenb 36:2; 60:11, 20, 25; 61:3, 5,9.10,13, 16,19, 21, 24:62:6,17; 63:15,21,22t64:1,4; 65:7,12; 66:8, 9:682, 23; 69:1; 210:6; 220:19, 24; 221:2, 6; 222:1 t 232:7; 243:2; 252:11; 282:22; 284:5; 300:3; 314:22, 24; 330:20; 337:15; 33925; 340:7, 9,14 dop 22:10:247:6 Dogs 229,11; 2469 dollars 219:3 Don 71:13 done 11:20;43:13;46:1; 54:7; 92:15; 94:8;100:24: 101:4, 5, 6, 20;103:4, 6, a, 9, 20;104:20;107:13; 115:22:119:13,18, 23; 120:1, 7;121:12, l4; 122:14;126:21;145:4; 152:20, 22;153:6;159:4, 14;160:1;161:1, 5,23; 162:5,11;164:21;165:1: 171:15;178:1;179:8,16; 181:23:182:1,13;183:5; 19132;198:13,13; 2139; 224:2, 5.7, 13; 2253, 4; 227:1, 22; 237:25:238:7; 249:16; 251:7; 262.17; 263:4,13; 277:1; 289:9; 304:4:306:14; 309:3; 311:15; 315:1, 4; 330:22; 336:1 Doolink 231:23; 233:24; 234:2, 5, 9; 235:1(r 237:1 S; 238:2, 3, 3,19; 239:24 Doolhtb's 2339,11; 234:20 dose 127:25:136:2, 4, 18,19;184:24, 24;186:7, 9;189:T 243:13:245:11, 12,12; 247:23; 294:14; 300:24; 301:1, 3; 305:7 doses 246:16; 247:1, 2S dot 329:20; 330:1 doubie-chsck 160:14 doubt263:16 Ooull 26:17 Dow 33:2 down 82:11, l2; 90:8; 110c10;130:17;139:25; 149:2;156:24;169:20•, 2402,3 dinrcton 74:15 disagree 54:1; 833, 4t 235:9; 236:21 disagreed 235:4 , ; discharge 15:5 disciplined 198:8,10, 10,15 disclose 219:14; 276:17; 283:20, 24 disclosure 286:13 discbsurss 35:21 di.contlnued 324Z4 discourapas 243:24 discovery 60:23, 25; 220:25; 221:19 diecretion 97:4 discuss 173:19; 284:12 discussed 29:9; 51:7, 15,15; 83:19;131:18; 190:10; 200:16; 201:2: 229:24; 272:11; 282:17: 284:11 discusses 197:20 discussing 36:17; 173:21; 205:3, S, 6, 9; 311:8 discussion 118:23; 192:9; 260:25; 286:18; 313:17; 314:17 discussions 28¢:12 Diseue 56:23; 83:13; 165:13;215:22 217:14; 218:3; 285:13 diseases 187b; 215:16, 19,20;216:1;217:2,4 dish 146:1 disliked 211:15 disposed 206:5 disproving 134:17 distinction 89:& 155:3; 223:4, 23; 322:11 distinpuish 49c4 distinpuishes 257:13 distributed 273:23 dividad 17:11 division 27:17;98:7; 268:12 DN 91:19 doctor 13:17;14:2; 25:4; 75:10 document 60:17, 2S; DIRECT 9:14; 97:25; 66:8, 8; 67:15;197:12; 282:2; 328:17 212:22; 213:16; 220:16; directed 40:4 221:5; 232:9; 233:5; direction 97:24;145:16; 240:14, 22, 24; 241:11; 244:14 21; 245:1; 248:16 170:6,15 , , 18 20 19 10 21; 253:6 directive 147:10,11; , , , , , 11; 261:19; 268:11 1 S: 215:9; 268:3 , 271:6; 273:19; 279:20; direotives 254:18; 287:6 280:23; 282:16, 20; 287:1, directly 41:10;134:5; 2, 3; 288:16; 295:10; Diin•U-Serlpt® (7) deltver • down 51769 1002
Page 121: nui31d00
IRobett L Subes, PLD., November 20,1997 sinph 24:19; 25:20; 43:22:51:18;65:5:113.~ 117:12;138:1& 150:22: 179:4; 201:24:206:3: 228:13, 20: 230:23, 2S; 243:6:259:3; 260:12; 263:6,11; 265A: 276:22; 277:13; 280:5, 25; 2863; 289:19; 305:6; 30721; 317:4; 320:3; 326:6 sinpk+2I735 SlnpWnru8lpM 294:11 sislsr 40:11; 219:17,19 aR 19:16 stts 138:7 slltinS 206:21, 22; 302:7 skuation 337:1 sltuations 20:24 s6r 201:19, 22:253:15; 290:3:291:6; 297:20; 337:20 slx-snd,Fhst1111:4: 112:20, 24;133:11 SbResn 44:13,15; 342:8 sbdiss 159:12; 252:5 sW 247:15,257:1 skln 85:22:102:5: 103:21;128:2;161:9,14, 21, 24;162:25;163:11t 207:12,13;224:4,5; 244:8; 300:10, 25; 304:11; 309:13; 333:8, 21, 22 skipping 258:10 slash 825 sllShtly 52:22 sloppy 20423 slow 218:20 slurry 43:25; 88:24; 89:2, 4,9,10,21;104:24;105:2; 139:2:255:16; 258:7; 310:& 10 S r m I I 8:24; 4 3:23; 44:4: 89:3;128:11;158:18; 247:15 smNisr 247:20 smeu 206:22 amslied 206:21 smoke 43:4; 46:12; 51:17; 58:4;68:6,9,1Y 78:16, 22; 79:17; 83:10; 95:7; 99:3;100:2, 24; 101:4, 23:102:7,11,13, 15103:17,17;110:22; 111:2,6,9:112:2,5,8,15, 18, 22;113:2, 8,16,18, 19;115:3:118:12,15,16; 119:7;122:16;123:14, 20, 22, 23;124:23, 24;125:2, 3:130:19:131:10,12: 133:7, 8, 9;139:25;140:5; 147:23;151:1, 4, 7, 7, 9, 10;156:6, 9,13,16, 20, 23;157:1;163:8;172:16; 173:20, 24;174:3, 9: 175:20;176:5, 8;179:6, 7, 10,11,12;180:4, 6,11, 11,17, 23;181:22, 25; 1l2:11,14,18,19;183:7, 9,25;1843,9,20;185:5, 20;186:1,16;189:1; 201:6,17,18; 203:4,7,1& 19.21; 204:10,11; 209:12; 211:1$1&212:13,21; 21533: 2259t 230:1, & 23; 235:25; 2363, 6, 8, 8, 14,14,15;237:3,3,4,13; . 239:4, 4; 258:21; 262:12; 266:19, 22:267:1S,15,18, 20:269,20, 21:270:2, 6,7, 14,16,17; 271:& 8,15, 16, 22; 272:6,7, 8,11; 283:11; 284:2; 288:6; - 290:2,13,25;294:20; 296:12; 299:1,12c 303:22; 304:1Q 313:20:330:19; 331:5,5,20 smoked 127:13;188:23; 200:13; 201:13:207:14, 18; 211:14; 262:11; 266:23 smoksins 134:15; 150:7 smoker 118:25;126:13; 175:1; 200:13; 204:7 Smokers 119:3,1o,1S, 19, 24;135:5;142:9; 149:9,16,19, 24;171:17; 172:22;175:2, 5;188:21; 200:19; 201:5:211:10; 2112,3,7,9,15;213:12, 18,18, 21, 25:214:2, 5.6: 225:25; 226:4, 9.13; 228:21:230:20; 231:1; 262:11,14; 265:3i 293:24 smokinp 10:12;18:11, 16; 29:5: 56:22; 74:3, 6, 8; 78:22; 79:2, 8,10; 80:21; 83:25; 98:6, 7;133:25: 134:6, 8,16,18, 25;135:7, 12,14;136:6;142:15; 152:17,17;171:23:172:3, 4, 21;173:1;175:12,13: 178:25; 179:2; 190:21; 191:2;192:2;199:22; . 209:11,11;215:3,15,17; 216:1; 217:11; 218:7; 262:14; 269:8,14; 283:9; 285:12;294:6,7 smokinps 294:11 smoother 123:22; 230:1 smoothness 295:19 snuff 269:5; 272;23, 24 social 191:1 societiss 167:1 Society 29:15,16,16,18 sodium 274:25:297:23 soft 59:1 sold 48:23; 91:12; 182:4; 243:4; 264:24; 281:9 solely 127:20;333:23 solid 105:20:139:2 solids 105:1, 3; 316:24 solubtlized 292:6 solubilizas 206:3 soluble 258:6 solublas 257:18 solution 105:21;139:3; 316:25 solvents 84:11;160:3 somabody 40:24:123:4; 170:24;198:6; 225:16; 2823; 341:18 someone 29:11; 68:3, 6; 71:17;123:10;171:21; 181:24;198:12; 210:12; 211:13; 226:11; 232:19: 341:16, 20 somdhinS 22:1;91:22; 93:12t 102:1, 4;110; 123:3:128:12;136:4; 139:Z 172:19, 20;182:& 192:23; 206:16; 208:1.; 211:12; 2233; 2249: 228:15; 229:8:239:22; 241:11; 244:24; 248:11; 254:2; 25731; 258:4; 290:8; 291:10; 301:19: 304:23; 312:3,17;315:25; 328:19 sometime 316:23 sometima 68:7;7S:2o: 150:7;180:9,10;193:23: 213:8,9:321:3 somewhere 171:4; 332:25 son 11:12, 24 sophomore 12:4 sorry 16:4; 32:25; 53:6; 98:24;126:17;161:10; 165:10;170:16;218:22; 233:2; 236:17; 237:23; 239:13:244:1, 5:254:21; 258:23; 263:8; 285:9; 302:19; 303:7; 306:19; 312:1; 327:17; 334:7; 337:25:338:10; 341:23 sort 13:6, 9; 47:21; 100:21, 22;105:4;107:10; 109:16;110:16;143:20: 145:15; 146:5; 153:6; 1833;194:10; 20/:23; 211:21; 213:14; 224;1; 249:9; 250:15; 260:11; 279:9; 284:17; 306:15; 3193 sorts 2159 Sounds 278:5 source 153:13, l8; 154:3, 7, 8,15;155:6 sources 289:5 spscs 88:11;173:17; 234:1; 2733 spacinp 140:2 spsn 22:8 spatial 242:1 spukinp 25:2 speaks 279:21; 321:23 Spurs 192:21,24; 1PHYIIZS SMALL v. LORIIS.ARD TOBACCO COIdpANY, et aL, 50:11; 53:17; 238:11 speoislist 8:14;15:(; 216:3; 237:15 spacip 22:7; 246:17 speciNe 42:6:72:24; 92:18; 303:2;121:10,19; 134:25:140:25;141:23; 151:7;175:18;,87:25; 263:25480:14;300:22 spscMkNly L49:2o; 189:24; 299:25 spscBicatbn 109:24; 110:7,9:256:21 spscBications 109:3,10, 11 spscl/ics 145:17; 153:19; 264:19; 2883 spacs 110:13 speculate 279:2 specul.tbn 278:24 spssohes 55:2, 3,10 apan 10:14;18:7; 80:1; 199:17 spend 17:13; 219:4 spent 219:2 Spinatti 8:16 spok877:S sponsored 134:11; 228:18 sponsoring 227:9 Spray 44:2; 89:6; 90:9; 105:4; 155:17 spray-drisd 137:14, 22;- 138:2, 8, 23;139:8 spray-dry 139:13 spray-drying 138:6 sprayed 105:21;178:7; 258:6; 265:10 sprayinS 121:2 spurious 337:11 sputum 14:12,17 Ssmokinp 134:20 stsck 253:14; 314:15: 342:16 staf182:25 stage 59:7,9 stages 59:11; 266:12 stamp 299:3; 318:12 stamps 315:13 StancllM 10:21 stand 138:11;155:22 standalone 99:11; 314:23 standard 152:4; 267:22; 319:6 standing 217:13; 337:5 standpoint 124:20 stands 88:6; 293:22, 22, 23 start99:2S;147:l; sterOnp 91:10,12 starts 239:17 stats 8:7,19;10:14; 31:16; 35:12,14;133:24; 245:5:246:18 • statad 133:6;149:24; 174:8,15:194:7; 230:10, 12; 251:1; 258:5; 275:1; 290:4: 301:17; 305:5; . 311:14; 331:3; 332:15; 340:8 statamant 65:22; 236:2; 238:25; 239:1,3,12, 21 tLtanrnts 35:18 419 70:15:219:21 ' states 58:5:187:14, l& 197:16; 216:25; 217:7; 218:1; 235:16:238:19: 269:7 statinS 128:21 stationed 15:11 statistieal 216:5. status 24134 stay 116:1; 313:21 slayinp 105:21 shys 105:22;133:10; 152:16 SteeN 261:3, 3, S, 24, 25; 262:1, 2, 8,18; 274:3 stems 139:8,10; 256:11 step 185:23; 211:13; 233:23 Stewardship 78:25; 7923t 81:7 stickers 222:8 sticking 61:1 sticks"]4:4 stlll 21:19; 38:11; 77:22, 25;121:21;138:17;139:6; 154:23, 23:239:24; 246:8; 261:9; 272:& 275:11; 288:12; 329:24 atimuisnt 143:17 stimulatss 263:22 stipend 167:15 stitched 163:4 stood 91:17,17; 240:11 stop 105:24 stopped 108:13 storaps 288:11 storiss 170:4 story 170:8 Stowo 71:13 straight 337:18 stream 130:17;139:25 Street 8:12;169:6, 20 stressful 25:18 stretch 197:10 strike 11423;115:16,19; 140:24; 167:23 strong 269:25:270:5, 21, 25 structura1186:25 structure 130:15; 194:1, 3, 4, 4;195:6; 240:13:312:1 196:17 started 15:25;72:13: special 44:21; 49:22, 22; 163:2;171:5; 210:12 simply • st3ncture (22) Mia•Ll-Seript® WAGA A SP11VEiId (973) 992-4111
Page 122: nui31d00
Aobeet L Suber, PL.D., November 20,1997 181:19; 219:2I:231:10; 242a4:251:4;259:1k, 260:12; 262:5; 265:17; 266:5:281:2; 312:4; 326:17 placse 47:24; I37:21; 166:25; 255:22 pldMNf 6:4; 31:23:32:3, 9:33:15; 59:22, 24 pINmIM'8 33s; 35:10, 217:16; 220:10,13; 2229; 229:10; 231:21; 24 o-.18; 244:16;248:14:253:3; 260.23; 268:5; 273:9; 286:21;298:12,300:4; 302:11; 308R; 318:18; 342:u pldntRls 8:5, 23;10:1, 7; 31:22;6[:20, 23; 66:22; 217:11 plan 268:4;29734 plans 11:1 plant 34:25; 2659 plants 274:zo plunr 262:13; 294:12 plssticlssrs 58:2 pMe 145:15,18 platelsts 136:21 play 63:2;178:24 Playing 175•.1 piays 17132;1721, 2, 25; 179:4 please 10:14; 25:10; 37:22; 64:7; 65:20; 67:2: 114-5_0n 1062217-22- 228:2: 273:18; 290:12; 323:1; 330:14 pleasurable 209:12 pieasure 209:7,10 plenty 295:9 plus 167:15; 327:2, 2 point 13:21; 47:18; 57:22; 94:4;100:17;125:20; 126:4;127:8;154:19; 176:15; 226:3; 233:11; 239:8; 240:12; 248:1; 264:3, 6; 278:6; 280:6; 285:9:306:9; 309:20; 317:2:315"•4 pointed 336:10 points 2729 poison 226:11 poisoninp 125:12 poisonous 136:2 polsons 14:5; 26:10 policlss 288:10 policy 212:20 polypropylene 155:14 portion 74:1;105:7; 167:24; 288:22; 290:1 portions 166:10 position 15:16, 20;16:8; 27:6,16; 70:22, 23; 719, 15,17; 979,11; 233:12; 240:1; 284:7 poeRiw 213:17; 270:23; 27z:1s posslbk 14:14,14; 21:1, 4,6;31:3;43:14:215:6; 301:1 possPolss 21:7 posslby 21:11,13; 66:6 postcard 164:25 postulation 278:5 potassium 129a9; 130:5,10;131:5, 23; 132:18,19;133:4, 8; 2669; 267:2, 6,12,17; 268:1,9,13; 269:4,15,17, 19,24;271:17;272:n; 273:1, 3; 29&3 potential 151:6;177:19, 24; 225:25; 2379; 239:9 pouch 213:13 poundapss 274:19; 278:1 pounds 276:5 Pour 43:25; 89:4; 903,9 poured 255:17; 258:8; 311:2 pouring 90:5 powdered 135*.6, 24 praetieabiliy 230:18 practical 237:22, 23 precip6stes 24:22 predates 33018 predicted 122:20, 22 preen 24:4 prefer 9:20 pref.rences 144:17 Premler 38:13;103:10; 136:23;137:1, 5, 7,10,18; 140:7,8, 23;141:1, 2, 5, 16;144:2;147:3, 5;14&1, 7,11,18, 2$ 23;149:1, 21;150:5,13, 22:151:23, 25;152:9, 21;153:11,13; 154:17,21;155:4,8.10, 11,14, 20;165:5, 7, 21, 23;166:7,18;167:9,17; 178:7; 202:13; 203:1; 223:20; 241:8,12, 21, 24; 318:3, 4 preparation 56:17; 282:22; 283:3 prepare 41:13; 57:4; 60:51,64:10;81:14; 191:11,15, 24; 258:33 281:23; 282:3; 341:13 prepared 41:15:42:7; 56:18; 57:20, 23; 81:24; 82:2; 265:3; 282:4, 4; 303:2031:16; 332:9 prepares 56.15 preparinp 191:6; 244:18 present 68:19:7735; 78:4;131:1;134:1;145:3; 168:23;170:16;179:6,7, 9; 262:12; 299:16 presentation 328:19 presentetions 29:4; 166:1 pn~tenbd 20:1; 29:10, 11; 38:19;72:17;165:18; 199:25; 204b; 207:11; 217:18; 333:16 . pn6sident 27:5;74:23; 77:23; 969,12; 983; , 308:6 pressure 246:19, 23, 24; 267:3 prpsuns 145:8 p"57:18;77:4; 187:18 prevalent 23:10 previous 44:24;182:2; 184:1; 268:17; 312:7; 327:24; 335c4, 21 prsvbusy 302:16 price 217:12 primarily 126:25 prirrrry 126:15,19; 127:7;155:3; 200:12: 223:4; 281:13 princlpal 25:15:24a3 Principles 28:1 prior 99:12;107:12; 149:20;152:23;161:25; 169:11:195:24 privlisps 41:20 privileped 37:15,19 probably 18:1, 5; 23:15, 16; 24:21; 49:14; 54:8; 70:3; 77:7; 85:4; 86:7; 90:23; 94:8; 96:2;101:17, 22,25;102:4,5,21,23; 105:8;120:22:122:14; 136:17;173:16;182:21; 193:16; 201:19; 202:2; 203:7; 204:1, 2, 4; 205:25; 207:15; 215:10,11; 218:2, 8,17; 219:2; 222:22; 223:1, 9; 227:22; 2304; 235:8; 242:19; 245:10,13, 19; 253:15; 260:9, 21; 262:4, 20; 278:24; 284:12; 298:4; 306:12; 310:10; 314:5; 337:12 problem 114:18 probiems 214:15,18,18, 22; 245:24 procedure 99:19, 20 procedures 220:23; 221:18;266:5,7 process 44:4; 66:3; 83:7, 16; 84:15; 85:5, 6; 86:6, 18, 21; 87:16; 88:14: 89:1, 9,9,11,12,20,21;901,4, 10, 11, 11, 17, 18; 91:19; 92:7,8,9,16;93:3,4; 94:18:98:11,15, 21; 99:22;104:13;105:10,11, 14;108:8,14;111:6, 23; 120:15; 129,10;131s; 146:20;178:25;179:2,16; 205:5; 213:24; 214:1; 249:6; 250:13,15,18; 251:2, 7, 8,10,11,12, 20; s131cu 18 siawla - v, LO4tri A411'j'O$AIx.O COMPANY, et s„ 250,12; 274:5; 275:3; 255:24; 257:12: 274:10, 276:12; 277:4; 278:15,19; 320:17:337:2 279:14, 25; 280:15,18, 24; products 49:18; 56:13; 281:2, 4,14, 25:282:14, 57:10; 58:17; 85:13; 25; 283:7; 288:16, 21; 86:11;90:16;91:7,12,13; 289:1,1;11; 291:21,24; 102:24;103:10,19; 292:2, 3; 311 i1; 51 Si22; 108:25:110:19;113:10, 316:2,3:317:1.3,8. . . 131:23;1349;144:13; 31822, 23:319:6 322:7; 149a0;150:17,19, 20, 20; 327:11328:2c 329:6, 8 151:1;152:23;153:1, 3, 4, ProNss/Rsconstkubd 7;180.25;183:11;190:17; 319:13 1923097:5; 200:14; procused 101:3; 212:1, 9; 225:24; 231:1; 141:12; 251:18 237:3;250:21t254:24; proo..an 85:1r88:15; 258:3, 21; 259:5; 260:3, 14; 278:1; 108:15: 251:13 13,14; 263:3, 5: 2653: , 329:2; 340:12 269:5, 6,14; 2n:4: 277:22:278:2; 309:9; proeessinp 43:13:57:8, 20 2 334:4 320 329:1 13,16; 83:19, 21, 24; 848, 19, 21:92:18; 94:13c 100,17, 20, 25;1a:19,22: 107:2;129:16; 250:16; 251:12; 276:19, 24; 277:7; 279:11; 283:17,19; 284:8, 13,16,20,286a;326:16 produe.62:2;184:4; 208:21; 250:7; 252:16 produced 61:12; 63:6; 64:5,18, 22; 65:8,13; 66:9,10,12,16,19,21, 23:67:1; 220:25; 335:5 producing 60:24; 61:3, 19, 22:63:17 product 46:8, 22, 23, 24; ; . ; : , 338:24 professional 36:6 professor 14:21;15:17, 22:16:12, 22; 26:2; 27:7 professors 17:2 profile 152:12,13,14 profiles 16tt:21; 201:6 program 238:21; 328:10. 23; 329:17 programs 23?3:3179 prohibltinp 192:11 prohibhion 212:6,12 prohlhtUons 211:16; 212:22 D 471; 52:23; 53:9: 54:11, Projsct 47:1, 4, 9,15; 11,13,19; 78:25, 25; = 48:2,12,13,14; 493, 21; 79:23; 80:15; 81:7; 85:19: 50:11,19; 53:20: 80:17; 92:5; 93:4, 9; 98:19, 25; 863;132:10,13,15; 99:3;101:2, 24;102:16; 133:3:136:23;153:5; 109:12;110:17;112:12: 229:22; 230:23:240:5,11; 119:5, 7;122:8;123:20; 241:5,15:243:6; 248:12; 124:24;125:3;127:1, 6, 254:15; 259:12; 265:13; 13:128:5;129:20;131:10, 267:7,16; 268:17,19, 22; 16,18t 132:23t 133:1; 271:13; 2871, 6, 24; 134:15;137:16;139:18, 288:22; 289:6; 297:23; 20;140:11,13;141:10,14, 298:7; 299:21; 300:1,14, 20,142:4;144:6;145*.1, 6, 15; 302:3; 303:3; 308:25: 8;151:12,12, 20;152:8, 317:22, 24; 318:3, 5,13, 19;156:24;165:4;175:7; 22; 319:7; 329:23, 25; 176:10,14,16:179:16; 330:6,11,12; 339:17 180:25;181:2, 3;184:1; projects 86:1;128:3; 187:18;199:1,13; 201:2, 150:23; 229:16,19; 240:8, 12,13; 211:6; 212:3, 21; 10:249:20: 254:16,18, 20; 214:7,8;219:22;225:5: 258:17; 328:17; 3363 235:19, 24; 236:5, 8,13; promoted 52:12;75:6 238:21; 239:10; 241:& promoter 157:13,15 243:4; 249:9, 23; 252:19; promotinp 52:14 255:13:256:23; 266:1$ 20, 23, 24; 270:25; 278:18; promotion 77:21 281:11 11; 289:12 promotions 96:7 , ; ~ 290:23; 293:24; 295:7, 25; prompt 336:5; 337:4 296:3,11,16; 299:21; ane 85:24;103:6 ~ ro 302:3; 303:3; 305:3; p p m proper288:8 ~ 306:10 16;312:4 8 6 7 , , , , , 9;313:19,23;317:8; properly 25:17;310•.22 ~ 318:2; 319:5; 320:4, 5; proposals 17:2; 202:11 m 329:9; 336:22 proprierary 120:14 w product's 183:25 production 44:24; 86:15; propriety 177:18 propylens 1039 places - propylene (18) Mia-U-Scriptm WAGA & SPINEISI (973) 992-4111
Page 123: nui31d00
PSYil15 S1dAI1. v. LORn ARt+ TOBACCO COIdpANY, et al., Pap 332 tq looksco me to be 73.k could be 78. pi Tbvelvathhteenaomethktg, 7Qaomething - did you . st know a Idr. Giles? Pl A: Ya, I knew Mr. Gges. aa 0: Was he employed at Reynolds wben you IR wete? m A: Yes, be was. w 0: Were you awate that Mr. Gita had p~ prepared a memo that dealt with the comparison of the hq mutagenicidea of ammonlated flue•cu:cd tobacco and a pa noneammoniated flue-cured tobacco? na MS. FORBES: Objecdon m the torm pq A: I don't remember having ever read- bavtog pq read the memo. liq 0: Were you aware that the memo amted that l+q unmoniatlon Increased the mungenidty of fluestued pn tobacco? nn MS. FORBES: Objection to the form. oq A: I don't remember that. It goes on to aay, poi though, that the method of amntoniation affected the p,i mutagenicky. So It wasn't just the ammonia. It was pzI the metbod by which h was applied. R+! 0: Did you ever review i,k. Gila' or R•q Dr. Giles'report? pq A: Not m my memory.I'm sure I read it somewhere Pap. 333 ro along the line, but I can't recall ft. p: 0: Having read ahis sumtnary of the report, m would that pique your interest to go back and read pi that report? iq MS. FORBES: Objection to the form. ai A: Not necessarily because the way we currently m use ammoniation, we We conducted the Ames test. p: We've conducted inhalation and skin painting tests. p) And based on all that information, I find there ia no im difference in the biologic activity of ammoniation to I+a G-7. t+t1 0: Now, are those tests that you just t+n described published at Reynolds? iul MS. FORBES: Objection to the form. im A: To the best of my memory and knowledge, they pq have been presented at scientific tneeNogs. pn 0: The mutagenidry test of ammoniated im fluecured tobacco? I+n MS. FORBES: Objection. pq A: I was thinking more of the inhalation study and p+1 the skin painting. pt 0: Well, okay.The inhalation and akin pn painting tests, those were - those focus solely on p.l ammoniated tobacco? pai A: From- aww".- ....w~ ....r... November ZU,1997 aap. 334 m MS. FORBES: Objection, mischanccer9zes. pl A: Ftom the reports I remember and the requests W for studies that I remember asking, those would have '' ie compared products that wex ammoniated with dth those , m that weren't. in 0: Okay.On the nesct page you see his In summary of Dr. Rodgnan's December-or I'm sorry - iq October 29th,19B0 memo on Ames test on ammoaiated ia tobacco? uy (NRTNESS REVIEWS DOCUMENT.) na A; I see the infoimation.I don't remember the I+S memo. ns1 0: You don't reall reviewing - do you nh recall reviewing a summary of the ttumo? nq A: No, I don't.I don't reall. tua 0: And you don't recall reviewing the memo? r>! A: I don't recail teviewing the memo sem m osi Rodgman. i+q 0: And could you read what the summary of Rol this report saya? o+i A: It says, "In thia test"- pa MS. FORBES: Objection. lap A: k says, "In this test, two attmaniation Pq methods," patentbeses, "gaseous ammonia versus rzq aqueous ammonia," close patentheses., "were compared; Fap. a95 t+i the effect of inclusion of these ammoniated tobaccos I-0 in a Camel filter blend on ihe mutageniciry of the it delivered; quote,'tar; "tivas also tested," period. p 'The results are consistent with previous tests"= m looks llke colon. "Gaseous ammoniation produced iq tobacco which yielded; quote,'tar,"'afiose m mutagenicity was 43 percent higher than the comml," m quote, "tar," period. "However, when theae p: ammoniated tobaccos were included in a Camel filter iir9 blend, the difference in mutagenicity was n+t negligible." i,a 0: You never read that report? psr A: I don't remember the report, but I would need mi more information here to evaluate this. I don't know nsI if the report is based upon the mutagenicfry of i,q revertants per miliigram tar or m ertants per i,7i cigarette. If there was a difference in the tar i,q category of the two cigarettes, it makes the im observation here, in my view, not important. pA 0: Do you know wby Dr. Lee was collec'ting t:,i the previous Reynolds research on mutagenicity of s:A various treatments of tobacco in 1983? pq MS. FORBES:Objecdon. pq A: I do not know why he collected this, but it's us1 in the format of an RJtI report which meant he would Mia•LYSeript® (87) page 332 • Page 33! WAGA & SPINELil (973) 992-'E111
Page 124: nui31d00
Robert L. Suber, PL.D., NOvrmber 20,1997 7;291:18,20;310:9: 311:1, 3; 322# W811249:7 wew 66:4 Wexnrn 191:12 wey 24:6; 30:15, 25; 52:2; 82:14; 90:1; 92:17, 21, 24; 126:12,13525;139:19, 22;141:11;149:11; 152:19; 15622; 1752.8; 200:13:201:13; 213:7, 20, 22; 230:22; 232:14; 255:3; 287:8;292:18,18;295:2; 296:19; 299:18; 311:24; 333:6; 3362, 25: 337:23 ways 24:23;93:1;156:19; 238:13; 25l:6; 297:15,18 wselMr 93:7 web 254:24; 255:13,18; 25725; 258:1; 311:3 Wsdnesdry 613 week 17:16; 233:16 weekend 55:15 waky 21523 waks 703; 253:16 welpht 94:24;175:25; 228:22; 247:14, 20 wskoms 315:17 we8-known 166:22 weron'126:16;147:16; 251:13; 334:5; 339:19 Wee18:12 Whet's 11:13; 26:4;42:9; 58:20; 6422; 75:19; 81:13, 23; 87:24, 24; 88:1; 90:10:118:12,13;126:15; 142:21;144:20;152:13; 155:3:158:8;182:7; 200:20; 216:19; 228:25; 231:7; 240:1; 273afi 291:14;294:18,22,295:6; 297:5,8;298:20,24; 303:4; 31224; 3293, 9, 17; 338:13,16 Whenever 68:3,6;98:25; 107:9;133:8;180:6; 207:11; 2119, 20; 229:3; 282:16; 312:3; 322:6; 339:16 Whereas 134:13 whereby 81:18; 90:17; 125:1 whfehswr4621; 204:10; 306:6 whke 281:23 who's 7R13; 98:2; 274:4 whoYs 69:22 WhoB 338:5. S, 3, S whole 23:25; 24:12,15, 25;25:13,16;151:1,3,7; 162:13;166:12; 209:11; 236:11; 241:14; 273:13; 305:10; 315:17; 337:4 whose 170:17; 231:2; 241:22;287:11;335:6 wide 58:17 wkNy 2372 wihr's 11:13 wplfn0 213:22 Winslon 42:1a 20. 22: 43:15, 21;44:20; 4521; 46:1, 7, 9,10,15,18,18, 22;45:15,18;49:3,4,12, 22; 50:11,18; 51:4; 5216, 17, 23; 53:6,10,13,18, 19, 22, 24; 54:2, 5,6,7,17, 18,20:55:19;1312,15; 133:3;153:S:187:23; 230:24; 2623; 264:23; 265:1, 5 Wlnston•88Nm 8:12; 3422 wlnter 15:1 wk+ey 64:8 withdrawn 154:18 w@hhekl 63:8 withln 40:2;46:22; 58:24; 61:9; 62:6; 67:15; 73:15; 80:4; 81:3, 3; 92:17; 95:10; 98:7;103:22;113:3; 116:1;119:6,7;139:21, 23;144:11,11;149:22; 153:15;155:18:158:21; 166:13;167:1;169:14,16; 191:4;192:9,10:200;11, 15; 214:6; 220:20; 222:14; 239:1, 5; 240:8, 8, 9; 244:25; 255:9; 260:21; 26722; 272:3, 25; 273:25; 278:25; 284:19; 2861; 294:16; 299:23; 304:19, 24; 308:21; 311:12c 336:1, 3 without 37:18; 41:22; 51:20;99:5;100:25; 101:24;102:16;127:15; 131:22;148:9;159:20; 160:8,18;161:25;172:8; 201:5:257:16;259:10; 267:16; 280:22; 302:5; 303:6; 307:21; 318:9; 323:15:326:5; 327:21 witness 8:21; 9:10; 21:17; 25:9; 28:22; 29:1; 37:21; 42:14; 50:23; 52:2, 21; 55:13; 61:15; 62:16, 19, 21; 63:12, 20, 24; 64:2, 19;65:14,17;66:4,5,15; 70:15;106:8;114:1, 2, 6; 116:8, 9;128:9;158:9: 164:15; 166:5; 171:25; 173:4;196:1; 21721; 220:16; 221:5, 21, 25; 222:4, 20; 232:8; 233:5, 6: 239:15,17, 20; 244:21t 248:20; 253:11; 261:19; 268:15; 273:19; 27921; 287:3; 298:9,11:299:2; 300:19; 302:25; 308:13; 315:10; 323:1; 324:3, 6, 12,15; 327:16; 328:12; 334:10; 336:9; 341:10,11, 14; 342b witness's 64:7 womb 246:8 PHYLLIS SMALL v. LORILLARD TOBACCO COMPANY, et aL, Womble 8:11 XB 287:5, 6, 24; 317:18, wondering 257:22 22 word 89A0;120:23; XDU 132:15;318:2,3,4 140:16, 20;15&8:236:12, XGT 268:17; 329:19. 24 22; 242:10; 245:25; 307:4; XI30:1 331A 339:3 words S9:25; 20421; 239:21; 243:18:2462; Y. 270:22 3213 257 19 : ; ; work 11:20;13:3, 20; Y 311:15 14:19;17:1,2,16;18:14, Yeah 28dT 29:8; 62:19 15;19:4,7;27:2,31:5,7; . 38:25; 399,11; 40:5; 21;91:17;212:17;2322 ; 44:25; 45:8,13, 25;72:4, 235:6; 236:10,10; 239:21; 7; 73:19, 23:75:14,17; 24420; 263:25; 272:24; 91:6;136:23;145:22; 2883;3153;325:10 146:8;149:13;150:13,14, year 12:13; 56:11; 78:13; 16;152:20, 20, 22;1'N:18; 79:7;81:15:82:13, IS; 163:18,166:15;171:6; 862; 93:8,10; 96:13,13; 183:5;198:25;199:13; 202:23; 21617; 223:17; 171:8; 20524t 2193; 227:5;230:18;24120; 2409; 253:16; 261:11; 242:21; 249:16; 261:23; 283:12; 285:14,17,17,18 262:19; 2631; 264:11,17; yardojser 205:17 268:22; 2899:301:4; years 10:25;11:6;12:17; 331:4 13:21; 21:10; 22:11; 32:8; worked 11:15,17;12:25; 35:6; 49:1 5,16; 50:6; 51:8; 272; 32:11:7249:75:2, 4; 73:22; 75:3, 4; 77:7; 79:6; 76:22;142:12, 154:17; 85:2; 89:14; 96:3, 4,10; 156:17;198:20 22;199:5 , , 20;110:20; 106:12, 108:3 22; 233:19; 234:2; 241:20: , 2613; 285:23; 299:14; 111:2;113:3, 4, 4;120:16; 302:16 129:4; 130:8; 134:3,4; working 11:25;72:1 11; 149:9, 22:15422;156:21; , 75:13; 77:1;171:5; 157:25;16025;163:19; 223:10,14; 241:2,249:9; 169:16, 22;189:24; 253:20; 263:23; 289:1 193:16;196:20; 216:13; workplace 216:21; 227:22; 234:22; 237:14; 274:17 238:7,7, 7; 242:25; works 91:9;170:12 244:23; 249:22; 250:4, 6; world 74:7;167:14; 251:5; 253:17; 261:14; 216:20 272:2; 310:2; 336:14; 341:1 14 worry 105:20 , worthy 199:6 yesterday 95:6; 314b ylek194:22;106:17; wound 318:1 110:7 8;113:14 16 16 wrap 153:15;155:9 , , , , 18 19:114:12;115:2; wrlte 166:2,7 , 116:18;1199,14;128:22; wrNlnp 81:25;166:14; 140:25:147:6,17;148:2; 194:5;198:10,16; 234:5; 175:19;176:5, & 11; 212:18;248:2,8,23; 16; 266:17; 269:21; 260:2 249:12; 278:10; 306:25; , 270:2, 7,17; 271:8; 290:3, 328:16 14:291:2; 293:14, 20 written 28:8 10 12; 36:2, , , 10,12,17; 56:1,3; 77:3; yfsided 335:6 100:14;165:11, 22, 24; ylelds 129:11,13,18; 174:10,12, 193:9:211:16; 130:5; 140:7; 259:22; 212:11,20,21,22;213:16; 271:16, 23; 283:22 243:1; 253:19; 341:3 York8:7,8,9;93:102,3, wrong 215:13,13 7; 30:20; 55:8; 62:25; wrote 28:5,7;164:23; 65:24;11420, 21; 217:10, 166:11;192:21; 233:24; 16 241:6; 276:15; 277:5 youn 62:2,{ X X278:16;311:14 XA 318:6, 9 Z zero 302:19 Zko 9:1 (973) 9924111 Wati • 2,ito (26) Diia-U-ScrIpt® WAGA & SPINELLi
Page 125: nui31d00
 RObt1t L SnDOe, Ph-D., November 20,1997 Rpul.tions 19:23: 244:10 Repulalory 29:16, ls; 7724; 78:24; 79:13; 81:7; 200:6 rein,bursemeet 217:12 reinforcinp 221:13 re/ecbd 224:14 rdab 18:21; 216:17 related 8:8; 9:3;1130C 18:15,19:31:5,7;42:1,3; 98:6;127:19;134:17; 151:6;190.20;191:1; 2099; 223:17; 303:18; 318:7; 331:6 relates 300:21; 302:4 rdatbn 175:7 relatlon.hip 16:23, 2S; 112:14,21;117:7;175:6 nlatlvey 102:24;103:19 release 130:11; 284:21; 290:6 released 129:23; 273:5 reluctant 194:15, 20 nmember 13:11;18:20; 26:17; 31:13,17, 20; 32:22; 33:8, 9,10,12, 25; 34:7,8;35:3,10,13,13, 14; 363; 37:1; 38:3,14; 39:13; 42:6, 7,18; 44:8; 47:10; 48:17,19; 50:13, 23, 25: 55:22, 24: 56:3, 6; 68:13; 70:25; 71:12; 72:3: 73:5, 21; 74:3; 75:7,10, 12; 76:18, 21;77:4,7,19, 21; 80:18; 84:19, 24; 85:10, 22; 92:8,14,16; 96:21,25;97:1;100:15; 106:1;107:22;110:2: 125:16;127:23;128:4; 132:12,13, 15; 137:11,13; 138:12;139:9,10,11,17, 17;146:4,5;147:2,2,20; 148:4, S;1S3:19;155:2; 157:23;159:10,10, 25; 163:2, 4;164:1,16, 21; 165:15;167:7,11;171:7, 8,19;173:7, 21;174:5,17; 175:12;177:14,16: 188:15,17,19, 20:189:4, 8, 23; 190:3, 11; 191:13; 192:6, 8, 23;193:8,11; 194:8,18;1959:196:7, 19, 20;198:18, 198:18,22; 200:23; 202:18, 21; 203:2, 3; 207:15; 209:9; 210:8; 214:17;217:1; 218:12; 220:5; 223:I3; 227:5, 9, 21, 21; 228:13,20,23; 230:22; 232:4,12; 2402, 7,10; 241:5,7,9,10,13, 14; 243:21; 248:2, 5,7,12, 21,22;251:4;252:4,7; 253:17,19: 254:18,19, 21; 256:3, 5; 258:17; 259:10; 260:6; 261:18; 262:16,16; 263:8, 9, 25; 264:6,14,18, 20; 266:11; 268:2, 3, 4,1& 275:12; 276:1, 22; 277:1, 14; 278:5; 280:5, 25; 281:2, 4,10; 282:1; 283:1, 15; 285:18:286:12,17; 287:4, 6,16,_ 237 288:3, 2S; 289:17; 291:7; 293:2, 5, 9; 294:& 297:24; 298a, 2, 8, 17;299:25:300:13; 301:17; 303:19; 308:17, 24;310:21;312:15; 313:15;316:1;317:5,21; 318:9;319d0;320••8; 328:13; 32912, 24; 330:9; 331:2; 332:13,1} 334:2, 3,11; 335:13:3/0:7,13, 15; $41:11 remova1108:5, 6 rennve 94:19; 250:Z0, 23:291:12 renqved 81:18; 292:7 npeat 25:9;70:13 rephrase 157:19 replace 72:7;174:21 repiacenMnt 103:7; 309:2 replacements 29:20 nplecinp 137:1 reply 64:2;18t:18;186:6 nport 21.9; 33:5, 23; 34:5; 47:24; 78:11,19; 112:11;143:19;191:15, 20, 23; 209:5; 210:18; 216:12;217:1,2;228:6,8; 24 5:6; 250:2, 3; 274:13, 25; 275:9,14,15, 24; 300:23; 302:20, 22; 303:21; 304a5; 305:22, 24, 24; 331:19; 332:24; 333:2, 4; 334:20; 335:12, 13.15, 25; 337:12; 341:3, 9 nported 39:19.20, 21; 40:1: 47:23; 73:18, 21; 75:5; 78:6, 7, 8,10,12,15, 17; 79:3, 4, S, 8; 97:12,12; 120:8;134:5;135:12, 22: 186:8; 208:7; 215:23; 245:16; 246:11,14,17; 247:4,11,15; 262:21; 263:12; 269:10; 270:11; 275:19; 276:1, 8; 288:12; 301:19 reportedly 246:19 reporter 8: 15, 20; 114:10;158:8; 218:21 reporting 39:15;78:21; 241:22; 275:25; 279:23 reports 40:2;70:16;80:3, 7,7;143:16;146:4; 183:18; 209:8; 217:18; 328:17; 331:16:334:2; 336:6,13,17,19; 337:5: 340:25 represent 10:1; 323; 314:22; 315:8; 320:10 represenutive 30:7,17, 18;183:6 representatives 196:8 represented 33:13; Regulations - Robrit (20) 314:23 rapresenb 320:22 reputation 71:5 request 60:17, 21; 62:7; 220:20; 266:8; 28G:3; 301:25 requaal.d 36:10; 221:3; 258:12 nquestinS 25/:13; 268:12 requests 334:2 nquire 37:16;102:21; 214:6 required 35:22; 36:4,11; 116:18;125:15:171:16;` 214:9; 274:10,16;283:11; 285:14; 295:19 requlretlDnts 113:21; 175:2;190:16 requlres 37:14;41:19 research 13:2;15:25; 16:3, 7;17:1, 3,16; 21:5, 20; 27:5,10, 20; 30:11; 37:5, 9; 38:1;72:21;78:17; 79:19; 80:5; 85:21: 119:13,18,23;120:1,9: 121:13,14,16;127:9,11: 134:11,16, 24;135:1, 8, 12,15;136:7;141:5; 144:22;145:4,16;146:10; 148:20;149:23;150:2; 1S6:2k169:1,9,10,11, 16, 20;170:7, 9,15,18, 25;171:15,18;172:23; 173:2;174:1,19, 23; 177:8,10,14;187:13, 20, 22,25;188:2;194:9,10, 12; 197:8; 202:6,11; 210:22; 228:18; 233:19; 241:20; 243:5; 258:17, 20; 260:13; 263:4; 261:18,19; 265:6, 9,13; 26823; 272:2; 284:9; 289:9; 300:9; 308:6:335:21 researchers 136:20; 151:20 RESERVED 343:17 reside 43:2 reslded 10:24 rulpn 198:3 reslSned 97:15 resources 212:5 respect 32:1 S; 33:14; 30:1; 40:1 S; 56:11; 117:17;177:2; 212:12; 225:16;219:7,12;285:3; 287:24; 326:22;336:15 respectivey 246:22 respond 41:22; 61:13; 62:6 response 12:25:45:11; 49:1; 52:25; 533, 9;175:6; 226:12,13; 297:9,10 responses 149:19 responsibilities 97:10; 216:20 responsibiliry 373; Mindl-Scrlptm PliY1J1S DMAI]. V. LORIISARD TOBACCO CO1t4pANY, et aL, 82:23; 98:5, 9;1233; 23;120:1, 7,18;1219,18; 127:5;166:13;167:1t ' 129:10:130:4;131:6; 171:10;192:2; 224:12; 136:7038:1t 140:7; 225:1,12, 23; 244:25 143:25;14423;145:4; respoMible 173:15; 149:15;150:14,16;151:1, 191:22 : 24;152:3:155:23;156:19; responshn 60:20; 61:5, 157:16;158:24;159:4,14, 24;63:15,21;2212 22;160:6;163:1, 6,13, 20; REST 92:7, 8,16;113:24, 163:1, 2, 3, 5;166:17; 24; 251:6; 289:1; 328:23; 167:8;168:1,16; 23, 25; 329:5; 330:6,11,12 169:1,11,16, 21;1709: 18;172:24: 171:3 3.4 15 restate 290:12 . , , 174:2,7, 8,15,17,19, 25: restructuring 783, 5 176:17;1779;181:1, 4, 8, resuh 48:4:150:12; 16;182:3;184:4;1873, 161:17;187:5:208:24; 10,13,22;188:13,18: 209:6;218:4,6;251:14; 189:8;190:20;192:10,10; 252:17; 259:7; 337:11 198:1, 6, 9, 21;199:6; resulted 106:18 200:17; 201:3; 202:5,10, resuhs 46:4, 6;106:17; 15,17; 210:6; 211:16; 107:21;159:8; 208:23: 212:6,13: 220:3; 222:14; 311:25; 312:12:313:9: 228:11,12; 232:24; 236:6: 335:4 239:24; 242:21; 244:17; retard 154:2,15 245:3; 248:3:250:11,19; nstardant 282:19; 284:24 255:23:26M 262:23; retln 261:11 264:15; 272:18, 25; 275:10 13; 276:4 10; retired 261:10 , , 278:25; 279:4; 280:8; nwertanta 158:6,9: 281:24; 282:24; 283:5; 335:16,16 284:5; 285:3; 2869: revi.w 66:23; 67:3,11; 289:6,14; 291:4; 30122; 68:23; 69:7; 80•.5,6,15; 306:2,10; 319:25; 323:9: 82:8,19; 107:11; 157:3; 324:19; 325:4; 20; 327:12; 167•y,17;174:7; 210:22; 328:1; 330:7, 22; 331:17; 216:9,14; 2689; 284:5; 332:5; 333:13; 335:21; 331:4; 332:23; 336:5, 8 336:14: 339:19, 20, 22; reviewed 19:9:60:& . 340:1,10 67:7,9;70:15;81:19; - Rhenda 261:3, 3, S 166:12,17;177:9i 233:21; Rice 8:11 234:11; 2849; 303:Y rbh 317:11 305:23;330:20;331:2 Right 19:3; 3o:2c 38:12; reviewinS 174:1; 217:7; 16 303:19; 334:13.14 17 44:11; 61:22, 23;138:7; , , 154:6 14;155:14;160:21 REVIEWS 220:16; 221:5; , , 23;162:20;168:13;169:6 233:5; 244:21; 248:20; , 201,171:7;173:25;180:24; 253:11; 261:19; 268:15; 181:12; 229:20; 233:16; 273:19; 287:3; 299:2; 234:11; 259:21; 285:15, 300:19; 302:25; 308:13; 16; 291:3; 295:16; 296:21; 328:12; 33t:10 297:8; 298:11; 317:12; Revised 319:13 319:15; 323:7, 25; 324:14; revolves 241:15 331$ Reynolds 8:5; 9:5;11:15, ripht-hand 2$1:3; 242:7; 24; 16:14; 27:3,15,16; 254:9; 324;4:325:17 28:8,11; 30:7,17,18; rinS 1873,2;307:24 31:1; 34:15, 22; 36:25; rings 189:3; 229:21; 37:5,8,9,24;38:1,21; 233:4 40:2 4 16 22; 42:3; 45:6; , , , risk 215:16 17; 313:5 47:4; 49:14; 53:25; 56:10, , 12, 25; 57:11,13; 58:2; risk•bensNt 20:5 64:5,17; 70:19, 22; 71:7, risky 20:6 24; 72:5, 20, 25; 73:4,11; RJR 39:8; 61:12; 219:17; 74:10; 80:4, 20; 81:9; 82:2, 277:2; 279:12; 318:12; 21; 83:15; 85:11; 86:9; 335:25; 338:23 90:17; 93:1,14,16; 97:2, RJRT 235:19, 24 22; 98:4; 99:15;104:7,12; Road 8:17 ,10:21 105:24:106:19;107:12; 1 108:10,16, 20;109:4,10; roast 107:10 113:8,14;114:11;115:2; roasted 107:9; 310:15 116:17;117:3,16, 20, 25; Robert 8:3; 9:11:10:16, 118:6, 20;119:1, 8,13,18, 16; 100:10;188:10; 266:1 WAGA & SPINELId (973) 992-4111
Page 126: nui31d00
PHYiIiS 9MAIL o. LARUJanD Toakcoo CoaPAlvlrr a. aL, 137:IS;207:25 SW 29724 student 1124; 27:13 studsMi 15:24,24; 16:25; 25;17:1 studies 22:4;949;98:17; 101:S;127:23;12&1, 2: 1490S;1S1:3,4;156:14; IS9:12:161:13,14, 24; 162:~,6;163:11,12,14, IS; 209:3, S; 213a8; 214:6; 216:9:223:20; 228:3; 230:15,15: 237:24; 262:16; 263:13,16; 300:10,13; 302:7; 309:13; 334:3 study 12:2A;14:S,l; 26:6,9;8S:2T 103:8: 135:3;15131;1f7:14; 1619,I0;177:17;2139, 22: 214:22; 21 s:7; 224:2, S, 7,13; 225:2, 3; 2279, 12, 21; 228:23:259:8; 263:11,17; 300:6,11, 21, 22, 24; 301:5, 20, 24, 24; 302:1,6; 303:22; 306:4,7; 333:20 styN 48:16;109:8; 112:16:173:14,15 styles 44:17; 48:17 Suber 8:3; 9:6.8,11,18, 20, 21, 23;10:16,17; 28:21;64:23;100a0; 188:10; 232:5; 266:1,9; 294:2S:29S:13; 313:4; 322a9; 340:24; 342:7; 343:1,3, 5.6,12 Subsr's 343:14 subJsCt 18:11;29:4; 245:9; 298:20, 24, 2S; 299:9; 308:18 subJeottve 297:1 subjects 210:24; 302:1 submissfon 276:21; 280:3:282:12; 28S:2S submk 36:24; 37.4; 56:19; 57:4; 81:24; 82:6, 16:283:3 submltled 35:19; 36:5, 22, 22; 37:1; 56:11; 57:21; 81:17; 82:2,18;191:16; 282:8, 21, 23; 283:4, 8 submhtlnS 2843 subpoens 61:4, 24 subscribe 218:IS, 23 subsoripttons 219:4 subsequent 152:24 subsequently 273 substance 157:2,174:20 substances 183:20 substsntisl 102:2, 21 substantially 201:13; 260:2 substhute 30:19;173:1 substkulion 277:1S: 281:4 .uedS9~.2S;6C~3,14 sqMsr3219"; suMer.d 52:13; 33:17 suMfokmt 1K:13; 312:10 supsr 102:3, 22;103:7; 162:22;163:4; 308:19, 21; 309:x313i,8,22 supars 593:102:23: . 107:5;162:24; 310:13 suggest 192:16;197:13; 199:2; 272:16 • supSMted IS7:4;174:3, 8,15 suggests 135:23' suinS 34:23 ` suhsbN 46•.8;110:17 sulfate 229:5 suMurk:27425 summarbs 165:24 summarias336:1,2 summsris.d 262:3 summsrhdnS 336:13 summary 300ap 313:4; 331:13,15;333:2;334:7, 14,19;338:13,20 sumeatbn 328:25 summer 11:24, 25 super 250:14; 293:3 Superfund 274:15 supervise 127:18;227:2 supsrvkbn 134:1; 146:13;171:10 suparvMor 74:18, 20, 22; 97:25;98:2;241:17;3009 suppiled 282:15,16 supplisn 157:1 supply 20:10; 21:22 support 306:15:318:1 supports 243:14 supposedly 17:10 supposhbn 270:13 suppresssn1227:4 suppressed 192:16 Supreme 8:7 sure 43:12;14:23; S9:1S; 82:20;86:1;112:4,10; 120:20;124:22;127:5; 167:13;171:5:178:14; 185:12:190:17;192:4; 218:2$; 241:21; 261:1Si 302:24; 332:25; 339:16 surface 130a6; 295:13 surgeon 47:24 surname 307:14 surroundinS 155:12 suspect 199:13; 231:19 suspected 221:10 suspended10S3 suspicions 199:23 swallow 226:15,17, 22 Swsuper 79:15 swsar8:20;99 switch 10612:188:4 WAGA A SPIIV8iI1 (973) 992-4111 swqeMdls:S;e6A_ 104:2 t.e.:. srdkhin08" awom9a2 r';{ symlw>ihims 199, , symptonr 125:11:15 syndrome 1879 synopsls 163:11 syrup 103:7063:1, 3; 309:1,4,8:313:7,19 system 100:21;101:24; 109 6;119:20;12tr22, 23; 128:16,21:1369,12; 139:19;145:11;176:19, , 22, 24;177:3, 6,11, 20, 23:178:2, S, 8;185:3.9, 10•,186:13,17; 208A, 256:23:289:12 systems 121:1;129:1; 162:13; 246:25 T T23123,24;253°7 Td-e4-z1s 183 T6OX302:19 TA 3233 table 206:20, 22; 254:3, 3; 302:18 tabku 218:11 talk 50:1, IS: S6:7t 69:15, 24, 25:124:7,9;165:17; 1934:225:1; 274:23 talked 48:24, 50:14; 56:5: 699,13,16,17, 20, 22; 70:1, 2, 3, 3:128:17; 186:21;193:21;198:13; 204:14,15; 206:12; 234:21; 278:18 tslkinp 23:1;45:18; 46:21; 53:17; 87:10; 91:T 94:21;W.1S;1" 112:1,1;120:24, 2S; 136:3:144:18;165•.8: 193:21; 24. 5:8; 272:23 talks 71:4:124:12c 275:8 tsnk 136%L tape 100:5,7,9;188:7, 9; 265:25 tapes 188:5 tat 46:21, 23, 2i; 48:19; 109:12, 23, 25;11331; 116:24;117:2,8,10,15, 17;140:13,15;1483,11, 15;151:19;180:11;214* 215:13; 230:25; 249:21; 250:7; 251:19, 22, 23, 24; 252:13,20,21,24;262:1P 267:25; 268:24; 2879, 9; 290:23:293:23, 24: 297:1$,19;317:19,24; 335:3.6, 8,16,17 Lrps1293:14,21; 329:IS,1S Targeted 329:10,13 tssk 29:24;72:25 M3ndl-Sceipd8 Robert L Suber, Ph.D., November 20,1997 tasta46:1,7;90:15; 106:24;119:4, 5;120:24; 131:17, 21;139:18; ; 141:10,13, 21, 22, 2S; 1423,10,12i 1449,17; 147:11,14, 20, 24;150:11; 153:16;17421;176:15; 208:19; 209:12; 266:14, 1 a 24; 272:18; 281:11.14, 16;312:6,11,32 was 142:a;175:e; 312si: tastlnp 120:17;219:13 taught 1534;27:14; 28:15;112A;271:4 Tsybr 79-.22 tsaeh 17a18; 26:24 tsaohkfp 16:24;17:14; 189 Twpue 173:10,11,12, 13,13,14,19.24 tssm 973; 287:14; 289:4; 290:2 , tskms 287:19 tsdoR 164:6 Tseh 12:4 teohnba141:24; 71:20; 191:13, 21;192:1; 250:19; 304:25 T0e11010811y 8323 techniques 2953 technologies 219:20; 2S13S Technology 29•17; 50:2, 4: 52:3: 238b; 27ti3; 31725 teeum61a1 telling 283:24; 303:17 tells 145:4; 307:5 te mpe rature 43: S; 298:4, 5:311:15,16 ten 22:11;3Sb;77:7; 196:20; 227:22; 304:23: $259,11,12 tend 59:6;181:15 tends 117:7 tennis 20(:1 tenure 198:20 teratopenio 243:21, 23, 24; 246:3.11,16 term 88:13;126:10; 143:2;175:4;181:12; 236:16;246:5 terminolopf.s 288:5 terminology 47:22; 168:3:201123, 23 terms 30:9;89:22,2l; 101:21048:2;1SS:22: 171:1a 183:14;189:iS: 206:12; 223:10 Terrific SS:16; 63:5; 6S:2S test 13:6,7;17:5;19:14; 22:5,6,10,11,22,22,24, 24; 233, 4,19; 24:11,14, 2 S; 2 5:13, 20, 46 y11, 20; 4814,21,2(,2S;4S"•S; l0:10;52:24;549,20,21: 55:18; 36:6;91:13;923, S; 1003;101:17;1021,1, S, 6, 7, 23;103c14, 21; 106:17;124:6, 21;14S:1S; 150:20, 21;1SS:24;158:7: 1S9:11, 25:163:6:180:17; 183:13;192:16;19723; 200.21; 201:4; 202:13,14: 210:21;211:8,17;212:5, 7,9,13:2133; 215:14: 262:14; 300:25:304:14, 17:305:6,11,11:306:14; 312:3; 313:20:330:18, 22; 331:5,7;333:7,17;334:8, 21,23 tested 18:21;100:16,18, 21;101:2:106:21;126:1, 8,8,9;129:4;210:11; 2S2:S:309:7;33s3 tsslMbd 9:13; 32:16: 33:204:2,1835:15; 36:7; 39:22; 45:7; 87:1; 1449;171:14;177:1; 182:3:234:15; 256:8; 271:11,12; 285:7; 301:13; 33S".25 t.s1My 32:1 S: 33:3,14, 20; 349; 36:14; 65:2: 191:7; 341:14,17,19, 20, 22 • tOAMYInO 31:21 testtmony 34:18:35:8; 41:8: 49:6: 62:24: 653: 92:2, 4;110:21;111:21; 114:18;116:16;1298,12; 143:2S;18S:19;191:12, 2S;19S:22, 24; 219.b, 9; 220:6; 26(:2Y 211:21; 279:3; 280:8,12; 306:8; 318:24:322:24 tsstinp 19:3:22:6,12; 36:25; 39:18; 46:4; 54:14; 100:14;102:4;103:1; 107:22;125:18;1l0:24; 151:14; IS9:18;160•.1; 162:21;1639:167:4; 168:8:194:13,16.21; 195:1, 5:196:6;197:5,14; 202:16,19,19, 20. 24; 203:1:212:1:225:10; • $12:10 testings 107:13 tesb 139; 21:25; 22:2, 14,16,18,18, 20:23:22; 24:7; 46:1,13:86:13: 1001,23;101:5,9,13,20; 102:18, 20;103:3, 4,10, 12,17,18,20,2Y104:20; 106:15;122:14;124:1 S, 19;125:23;126:20, 24; 127:19;146:S;190:2S; 151:9157:17,19, 20; 15S"•4,14;160:6,19; 161:1, 21;162:12,12,16, 25:163:10;176:17, 21; 1781,8:179:8;181:6,9, 13,17;182:20;192:12, 23: 51769 1018 (23) S'rn' • eesc,
Page 127: nui31d00
PHYLUS SMALL V. LORII3ilEtD TOBACCO COMPANY, a aL, i Oled?94:24 11,13,18; 201:3; 210:20, ptano1n866:5 22; 211:1, 2, 4; 223:5,6, Glenn 15:19 24, 25; 228:18; 240:3; 241:3, 8, 8; 261:3; 274:3 glycerol 130:16,18; , 7; 284:19 23; 292:5; 140:3 , 300:9; 309:8; 312:8; oyeol1039 314:24: 319:18 ooa1479,10; 73:25; proup's81:1S;98:5,8; 190:20 99:5 goals 190a2,14, 25 groups 2>•.3; 29:13, 23; goes 62:19, 22; 90:& 78:2, 6, 8,10,12,14,19, 94:19; 210:21:253:16; 21; 81:4;149:18;150:1; 258:9; 3103; 332:19 168:5;210:15;222:25; Good 9:6, s,16,17; 266:23 26:16, 23; 51:12; 59:12; prowinp 93:7 166:21, 23; 205:6; 213:1; GT 132:10,12; 254:17; 215:8; 230:17;237:19; 259:12 238:12; 239:2; 259:13; GTX 132:13; 254:1 S; 262:18 19; 290:4 , 259:12 aood-laatino U:11 Goodman 18:2; 26:14 guard 21:17 , guess 106:3;113:9t 19, 21;177:5 272:3; 319:23; 321:5 pov.mmsnt S6:1Y 57:21, 23; 58:1:166:25; puide 167:12 167:5; 202:8; 216:10; quidelina 99:8;116:2 274:19; 279:18, 24; 282:9, Guy's 56:9,199:12 12; 283:4, 21 povernment's 219:12 governmental 36:8,13; H 40:15; 219:7 graduate 12:13; 13:11, 13;15:24;16:24, 2S; 27:13; 182:25 praduatlen 12:15 gram 94:24 grammatical 224:15 grants 17:2; 202:5; 264:16 graph 320:11 pravla 310:15 Gray 261:8 Orest 53:15; 244:12 Green 79:18 grid 44:1; 89:5 prind 43:24; 89:3; 90:2; 139:2 grinding 903 Grocery 29:25 ground 137:14;138:5; 255:17 group 32:11; 37:3; 38:17; 39:15,19, 20, 21; 40:1,1, 5; 46:4; 54:14; 55:23:56:6, 18; 71:22; 72:2,10; 73:3, 6, 7, 9,11,15,16; 74:1; 78:16,17, 22, 23, 23, 24, 24; 79.2.5, 8; 80:23; 813; 91:10; 96:20, 21, 22, 23; 97:1; 98:21; 99:2,12; 124:9;134:12:136:7; 156:16;163:21, 24, 25; 166:14;168:8;169:22; H 294:17 Heberkern 249:6; 330:13 Haberk.rn's 288:24 habh 135:9 habadorminp 221:13 habhuatinp 221:13 half 94:2, 3 half4h 209:1 S haMwsy 317:10 hand 229:11;313:23 handed 240:22 handin8 220:12 handie 45:16;71:19; 72:16; 106:13; 152:11; 244:10; 288:14 handled 243:23 handling 281:19; 288:11 hands 68:4;107:20; 172:20 handwrllin8 231:2: 232:21; 242:7, 8; 287:11; 306:24 happen 226:13 happened 337:13 happening 216:19 happens 172:22;183:2; 266:21 hard 296:10,12; 309:25 harmed 127:6 harsh 123:21; 230:1 harshness 144:20; 172:5 hasn't 50:22 hauied 90:23 hsuier 90:23 havsn't 19:8; 24:17,18; . 171:6, 7;172:12;173:17, 17;187:15,17;188:14; 189:1, 8,13;190:1, 2, 3, 12,19, 23, 25;198:12; 199:19, 21, 22:200:4, 5, 9, WAGA ac SPIIr-EISl (973) 992-4111 Robert L Suber, PhD„ November 20,1997 70:2;195:13;196:19; heritable 238:22 207:18, 20; 216:12 Hheekh 134:20 Hawe1115:12 HHSS621;S87;B023; Hayss 70:20, 20, 23, 24; 81:13; 82:6,18,19, 22; 71:1, 3;74:19, 20; 76:14, 83:12; 276:17, 21; 2776; 20.24; 97:2, 5,13;170:22; 280:3:282:12;2853,9, . 192:21;193:6, 8, 9,17, 20; 10,13; 286:7 194:5;196:23,24;223:2; ' high 129,11:93:11; 224:17; 233:20; 240:23; 102:24;103:6,19i 108:22; 241:1,17,19; 243:25; 129:2;13120;136:4; 24836,17; 274:1; 328:16; 162:19,24;163:2;242:22; 330:2 243:9,11,15:244:117 Hayes's 2&1; 96:23; 294:14; 265:16; 289;24; 171:6 291:8; 292:10; 304b,7; hararda 151:6 3093,4,7;3131,18 head 46:20, 20; 739,10; Hiph-nieotine 243:23 125:16;156:12;159:25; hipher 90:14; 93:21, 22; 160:1; 209:18; 273:2; 102:2;111:13,14, 2l; 330:25; 343:10 201:15:249:20; 250:7, 8; headed 163:23:236:18 271:1; 272:6; 284:23; hudinp 91:ey 297:5 290:22;301:10:335:7: headquarters 169:21 337:7 health 10:12;14:7,14; highest 301:1 239:33:18,21;56:23; highly 2433 73:13; 74:1, 4, 6, 8; 78:22; Hildeboh 274:2 79:2,8,10•, 83:25; 98:6, 7; himseM 99:3;19925 122:1 B;124:20;127:1, 8, hire73:1o 21;128:13;133:25;134:6, 8,13,16,18, 25;135:7, hired 15:18; 33:11;73:24; 12,14,17,19, 24;136:6; 150:13,14,16;163:16; 151:6;165:16,18;183:15; 170:20, 22;199:20; 234:3: 192:2;199:22; 214:11,13, 241:19 18,21;215:15,17;217:10, hiring 17a23 20; 283:8, 9; 285:12 histopathoiopk 304:1 healthy 214:24 hear 63:3:170:4;190:5; histopathoiopkal 302:1& 304:2 : 201:19 historkal 85:16; 280:3 hurd 40:25; 41:2, 3, S; historically 106:10; 45:19, 23; 70:2; 80:1& 107:17;169:19:218:1; 170:8;174:2S;17S:4; 340:10 189:12;190:7;192:13; history 94:7 196:11;197:2; 278:23; HMSM 291:7 292:25; 293:3; 303:9; 339:16 Hobarm.n 8:24 hearsay 278:24 hok1230:17; 235:21 heart 136:17; 208:10; holding 199:25 214:14,17; 215:3; 246:24; holds 261:6 247:4, 6,11 home 33:16,19 heat 94:19;153:13.18; honestly 148:4; 204:14 154:3, 7, 8,14;1SS:6; Honolulu 15:12 312:22; 316:4 Honorable 15:6 heat'treated 310:4: 311:4 9; 327:2 4 hooked 229:6 , , heated 310:10 18,23; Hopkins 75:11 , 311:14,17,21,23;312:12 Hoskins 8:4, 23 hot 172:8 10 9 heatinp 311:25:312:1, 3B , , hour69:5;152:17;219:4 hsld 8:10; 230:19 help 28:20, 22; 58:25; hourly 215:23 65:5; 191:1S, 24; 235:21t hours 68:18;152:17,18 248:7; 260:5, 8; 287:19; How's 9:23 302:2; 306:9; 317:21; HRRC 2623,6 321:2;326:20 HSB 294:6 helped 167:12;1919,11 helping 17:1 Henderson-Haselbaeh H SB1H MSMlCluster/DFC 294:4 270:12 Huber 779,10,13 hepatitis 216:22 huge 203:25 Mia-U-Script® human 19:13;66:7;e0:S; 203:23:207:25;209:16; 210:22, 24; 246:14; 283:8; 294:6,7 hutrrne f203;145:20; 146:5;176:24i 177:11; 210:11; 221:11; 245:7 humsoLM 109:13 humaetants 43:10; 57:8, 16;128:18 hundred 159:19:274:18 Hunur 250:1, 3 hydroeordone 180:9 hydrogen 112:7;180:9 hydroxids 104.9,18, 21, 22;105:2,15,16,16,18; 106:17;107:14; 275:1; 283:11,18; 297:23; 316:24; 326:15; 327:5; 337:23 hypisne 39:16:78:15; 79:21; 288:12 hyphen 255:10; 319:4 hypotheses 339:12 hypothnis 151:2Y 230:2; 270:1, S I i,e 309:19; 310:5 loe 88:6 Idea 47:14; 51:3.6,7,13, 18; 52:5; 56:1; 58:12; 65:7, 12; 66:12; 99:1;140:14; 170:17;181:13; 208:1 S; 263:17t 319:19 Ideas 49:19;191:4; 234:19; 243:5; 248:22; 263:6; 296:11; 326:25 IDENTIFICATION 220:10; 222:9; 229:10; 231:21:240:18;244:16; 248:14; 253:3; 260:23; 268:5: 273:9: 286:21; 298:12; 300:4; 30T.11; 308:1; 342:12 identRier 41b Identify 285:3, 3:330:12 ipnhe 154:9 Illnesses 217:3 Imapinetion 197:11 Imagine 167:19 invnediate 191:23; 205:24 immediately 204:5,7, e; 207b Impact 121:3;141:8, 9; 142:11;144:19;147:12; 172:18; 208:19 Implement 100:13 Implemented 99:20; 100:1 impoRant 124:4, S.18; 239:8, 9; 335:19 Improssed 76:2 (11) g18d -lmpressei 51769 1006
Page 128: nui31d00
Robert }` Bubet, Ph.D., Novembet 20,1997 215:4 oonduct 19:14:20•32; 56:6;102:23:103:14; 161:13;178:7;197:22; 200:18; 201:4 conducted 3635; 37:5, 9; 46:4,11; 52:24, 25; 8323:135:4, 8:150:21; 157:16,19, 20;159:18; 173:2, 3;174:19, 24; 176:17, 21;177:8,15; 223:19; 224:2; 230:16; 309:13; 333:7, e conducting 156:22; 192:12;1979; 331:1 confldentlN 266:4 configuration 137:17; 1553 confipuratbns 17&13 confirm 31722c 342:14 confirming 227:24 confuu 51:17 confusinp 51:4 00nfus1011212:16 Congress 191:7,16 Conpressbnal 21:22 conn.ct6720,23; 132:16 connected 272:10 connection 200:21; 271:7;291:14 eonsciousness 49:17 consecutive 254:10 consecutively 301:18; 302:8; 312:4 consequences 131:18; 135:17;183:15 consider 21:10; 22:8; 23:6;12B:12;138:21; 199:6; 204:22; 238:15: 286:19 consideration 110:22; 111:23;136:25;141:4, 7 considered 26:23; 5/.9; 230:11 consistent 32:20; 46:25; 49:8,9;87:16;93:5,9; 1113;112:19:167:14: 206:6, 8, 9; 233:10; 234:5, 20; 245:19; 253:2Y 255:11; 278:14,18; 288:9; 321:4; 335:4; 336:24 consistently 235:1 constant 111:3:1173 constituent 1849 consthusnts 180:20,22, 23;185:6 constr.ind 24:17,18 consuh 409 consuhsd 168:15,17 consuhinp 31:8 consumed 246:15 consumar 49:7,17; 33:12,15; 54:4,17; 57:9; 58:17; 93s 1:110:17; 177:2,3,8031:13: - 142:13,14;176:13; 249:23; 281:12; 297:1 COnsunMnJ7:11; 49:10,18; 30:17; 5(:15; 90:15; 93:9;112:13; ' 141:14,21;142$R 144:17,18:230:24; 235:25; 236:6,14; 237:3; 251:22; 239:14; 292:10; 296:11,15; 310:15 consurninp 226:1 eontein 103:15;137:18; 141:16;151:10;258c12; 303:23, 24 contained 137:I0 containing 159:m; 24222; 244:11; 254:14; 303:3; 316:4 contains 257:3 eontsnt 93:21, 23:94:5, 14, 22; 95:6:108:21; 110:6;147:5,17;148:2; 175:11,22,2076a,2 eontuR 121:4; 147:19; 241:9; 267:14; 294:16; 328:4 eontinue 72:4;171:23; 172:25; 301:5 continusd 127:24; 154:18 controct 171:1 oontracted 163:19 contracts 264:16 contribu8np 21725 control 534, 8t 36:23; 83:13; 85:19; 92:21, 23, 24;93:2;165:15;215:7; 262:15; 285:13: 335:7 controlled 329:8, l8 conventbnd 152:9 conversations 37:19; 173:9,16;194:7 convinced 172:16; 208:17 Coop6r 299:11; 302:13 cooper.te 193:23 cooperatinp 197:4 copied 61:7; 63:22; 6/:3, 16,17; 66:18; 221:6; 222:4, S; 229:14; 232:9; 242:5;248:7,11;274:3,4; 300:16; 301:1 S; 302:2, 20; 305:17; 308:7; 327:25; 328:14; 330:2; 342:1 copiss 62:22; 66:18; 165:14,16,16;166:3; 3142331:8; 312:3 copy 82:19; 95:24;161:6, 25;196:25; 220:13: 232:16; 234:13; 242:4; 243:16; 248:25; 249:3: 25325; 301:12; 308:10: 314:4; 328:21; 339:6,7 copying 299:12 corn 103:7;163:1,3; 3091, f,8; 313:7,19 eorner 2311; 232:10; 242:7; 248:23; 254:10; 324:4; 325:17 Corporat.39•.8 eosmstin 195:3 cost 289:11 cost.10a3 . cotinins 122:1; 263:11 Couldn't 53:3,4, 5 CoOnssl 8:19; 30a0; 41:11; 65:16; 68:14; 196:12,18;197:3,7,13 Counad's39731 counseb 196:16 count 73:10; 2969 324:21t 325:11,12; 342:21 counted 244,5 ' counting 325d countries 35:23,25 country 36:1 eounty 8:7;165:16 couple 30:13; 5913; 68:18;73:22;75:2,4; 134:3, 4;165:11:274:6; 302:23; 315:12; 318:11; 319:11; 323:16; 338:10 couns 17:1;18:4,9; 28:25; 69:15,18; 95:19, 21;115:9;1/0:6;151:23; 157:3;167:20:182:24; 210:19; 232:23; 233:1; 234:13; 244:24; 245:2; 248:10; 301:20, 22; 306:2: 328:18; 336:14 eoursu 15:25; 17:18; 27:14; 28:15,18; 29:1; 112:6; 271:5 Court 8:7,15, 20; 31:16, 17; 33:3, 4:34:10,11; 35:9,12,14; 65:24; 114:10;158:8; 204:1; 218:21;341a0,21,22,23 eovWr 302:17; 305:21; 307:9 Covinpton 56:1782:3 CR 111:15,17 cre.ts 170:17;226:4 credentials 166:22,23 credibllity 75:24; 76:6, 8, 11,19, 25 cndible 76:3; 167:21 cresol 180:8 crharls 25:21;109;9; 111:1; 112:13; 113:5; 118:11, 23;141:23; 147:21;182:13 crlticsl 250:14 crhicisms 190:21 crhios.1579:204:5 crop 90:14; 93:11 cross 232:3 cross-bind 90:8 cross411.242:13 PHY*r'SSMALL o. 1ARILL,ARD T(1$A.CCO COAIPAN1', ei aL, crose•ffled Z31:14; 242:12 . ' crosantsnna 300:15; 302.9 r. . crOwrofere110ed . 2319; 232:11, . erosrrefer.nep 302:10 . croswsfernnelno 302.4 . cured 181:1 curnnt 10:20;61:1; 8Q 10,11; 324:24; 337:1, 2 currently 89:15;153:7; 237d5; 320:12,16,16, 2T 333.'b; 33&25 cut 45:11,14, 25; 59:1; 137:14, 25;139:20: 155:11; 2159,11,12: 220:25; 252:19 cy.nide 180:9 cyctlc 113:2 D D 70:24; 74:15: 80:16; 919,18; 92:17;129:3; 168:2, 6;169:7;173:14; 187:15,17; 202:23; 210:23:249:1; 272:3: 273:25;284:19;308:6; 330:1 Do-u•M 26:18 delly 21523; 253:14 damape 238:23 S Osnie1300:6,6,8 DAP 106:6; 283:21; 284:7; 285:4,1 t; 286:6g 306:10; 316:8, 9, 23; 321:18, 20; 327:2 dash 8:25; 269:12; 302:19; 318:2 date 29:10,12; 38:18; 67:4,12; 68:8,13; 95:17; 98:13,13,14;107:17; 111:2;122:21, 25;130:7; 160:23, 24;165:18; 215:22; 245:6; 27125; 272:25; 288:8; 313:23 databass133:20 date 10:18;163:4; 266:11; 275:12:2810; 306:11; 321:13; 32334; 325:16; 327:21 dated 240:22:244:17; 248:15; 253:7; 261:2; 268:6; 273:12; 298:14; 300:5; 302:12; 308:2; 330:17; 338:3,7 dates 164:20;193:1$ 242:3 daughter 11:12 Dave 69:24; 79:22; 97;19, 21;188:17; 273.23 David 97:17; 390:9 day 17:8, 9,10,11; 55:14; 60:24; 69:25, 23;148:24; 234:17 dqs 26:16; 55:14; 90:14; _ 154:21;253:16;255:4~ J; 277:13 ds-nic91:18,19 ds-nieMep 91c19 deal 53:13: 57:19; 73:11; 221:7,10•,238:4;244:12 dealing 29:20, 21; 242:2; 310:2 denh 150:17;191:21; 306:3r 332:9 death 216:25; 217:6, 25 debats 63:11; 209:19, 23: 21Q1 dsBahb,y 28:3, S: 223:16 deBethlzy's 223:5 Deborah 79:25 dse.M 250:17 deestleinats 250:13 December 15:2:286:22; 300:5; 301:12; 32B:8; 334:7 decent 149:13 dsclds 19:17;203; 22.•23: 23:1, 3: 24:24; 25:12;124:3; 210:25; 305:1,11; 3123 decidsd 62:1;123:4; ~ 149:13;313:2 ..rr JJl1 decision 25:14; 49:11; 54:19; 63:16; 81:16,16; 822;162:17;171:22; 172:25:195:11:197:22; 252:23t 304:20; 305:5, 7- dac4bns 81:22 deckad 161:8, 20 dscline 191:1 dscnase 179:19 deduce 241:6; 268:21 deducing 277:5 deduction 292:12 defendent 8:6;31:24; 32:21, 24; 33:1,14; 34:10; 39:22, 24; 60:2 defendants 31:22 define 91:25; 93:25; 95:5; 98:12;138:25;143:5, 7; 186:3; 190: 14; 202:14; cn 204:16; 319:18 defined95:5;144:20; m 208:2; 243:3 ° defines 83:10 ~ defininp 128:19; 186:11; 6 247:24 ,r definhbn 95:4,10,10; 142:21,25;186:4,5,24; 205:8; 207:22 degree 12:19, 25;13:15, 15,18;14:1, 24, 25; 52:15; 75:11; 200:1; 261:6 degrees 13:19 Delaney 20:8 J cond0 Ct - Delaney (6) Mia -VSerlpt® WAGA & SPIIVF.III (973) 992-4111
Page 129: nui31d00
aor/am 1. aurrcr, ro.v., Novemba 20,1997 193:4, 24: 200:1 & 209:1; 22517,23 7:13: 3N:9,10•, 305:T312:16;331:1.20; 333:80.12, 23:333:4 textbook 17:24; 38:8 texture 257:1 thanks 239:16; 253:4; 273:10 thsma.h~s 211:23 thsorlss 284:14 thsory 130:13; 227:24; 230:10,11,16.17,19; 271:4 therefore 209:25:20; 43:6; 53:7; 54:12;101:22; 1129:123:23:129:2; 136:Y 1419;183:9: 201:3; 230:6:252:20 they're 21:19; 59:7, 7; 162;24; 213:21, 23; 214:5; 305:20:3249 thay'w 36:T 58:14: 222:5 thkk 164:4; 253:15 thinking 52:21;219:1; 233:23:333:20 third 168:6; 239:1& 246:18:272:19; 295:18 thir&todast 263:19; 288:2 Thlrtesn 10:25 though 96:7;179:21; 254:5;260:15;315:18; 332:20 thought 32:25; 56:5; 60:14; 91:8;141:4; 149:12:164:22;165:7; 177:22; 205:25; 241:14; 258d3, 25; 322:23: 328:19 thoughts 205:23 thousand 201:20, 22; 219:3 thousands 63:6, 6, 7, 7, 9; 6t:5, 5, 6; 67:1 Three 68:21, 22:94:1, 3; 152:18;155:24;164:4; 188:9093:16; 231:15; 261:14; 274:18, 23; 280:4; 284:14, 2S; 294:4; 305:21; 323:22; 329:21; 338:11; 339:3 three-page 253:6 threshold 211:14 thresholds 275:25 throat 144:20 throughout 117:3 throw 139:3; 257:23 throwing 125:13 thrown 2189; 289:23 Thursday 8:13;17:14 thus 269:20 Tkits's 18:5 tiphter 2649 times 31:12; 38:8,14; 193:12:276:7; 280:4; 331:17 . tlppmp 109:16 . tissues 186:6 title 70:25:77:19, 20; 171:11; 224:22; 229:14; 233:19; 268:& 298:20, 24; 329:4; 338:2,14 ' tMNs 190:2,3;302:8; 321:2 Tobatte 8:5; 9:5;11:17, 21;13:3, 20, 24, 25; 28:16, 19: 29:4; 303,10; 40:2, 5; 43:1,2,8,15,17,19,20, 23, 23; 44:3; 52:8,10; 56:13:57:12:58:6, 25; 78:16, 22; 79:17; 83:6,11, 11; s4:5; 85:12, 24, 24, 23; 86:14,17,21,24;87:3,8, 13,1& 88:6,14, 24, 25: 89:3; 90:2, 5,13,19; 91:3: 92:11,18,22; 93:6, 25; 94:6,15,24,25;98:10,21; 102:10, 24;103:5, 6,14; 104:25;105:1;106:23, 24; 107:6;108:12,17, 21; 109:18,19, 20, 22;111:10, 12,14,17, 22;118:13; 123:14,14:129:21, 23, 24; 130:16, 24;131:1, 22; 133:10; 134:9; 137:5,6, 8, 10,18,22,24,23;I38:2, 5,8,10,13,17,19,19,21, 22, 23, 24;139:7, 7, 8,13, 14,18,18,21,22,24; 141:12, 20, 22, 25:142:3, 3,10;144:12;148:13; 149:2, 11; 150:3, 10; 1539,10,13,14,14,16, 21, 23;154:3, 8;155:7,12; 156:16;157:17, 21, 22; 159:5;161:23;162:7, & 168:15, 22;1749;175:23, 25:176:3,13:178:7; 179:18,18;194:3;196:16; 197:4,14, 22; 203:4; 203:1,11,15,17,18, Z0; 206:6, 7,10,15, 20, 25; 211:12,18; 225:17; 229:16; 230:3; 23S:2S; 236:6,14; 237:3; 242:9, 15; 250:6,16; 252:2, 9,15, 18, 21, 23, 24; 254:14,15, 23; 255:7,16, 23: 256:9, 10,14,18,19:257:14; 258:11, 20;266:14, 24; 267:5; 268:10,14; 269:7, 8,14; 272:& 273:3, 4; 280:16,1& 24; 281:14; 284:21; 289:24; 291:8; 292:4, 6; 299:1,12,19; 307:7; 310:4, 8,10,13, 25; 311:1, 9; 319:13; 323,9.9. 18; 324:11; 325:3, 20; 326:2, 9; 327:13; 332:10, 11,17; 333:18, 24; 334:9; 335:6, 22; 336:16, 20; 337:4, 6, 7; 338:23; 339:10; 340:11, 25: 341:15 ra=yi„MAiy V. LORII,I.ARD TOBACCO COMPANY, et aL, tobaeealhvond TOJ(040 300:11; 30123; 242:22 302:6 _ tobaeeoa 43:22:44:10; toxk 120:; 2439,1$15; 47:6; 85:15,17; 87:11; 245:10,1001:2, 4 88:18; 93:14,16,19; toxlolty 17:5; 27:N; 95:15;108o24G 109:1: 101:4,25;120:8; IS1:3: 117:13:131i19;137:12; 202:24; 237:15:243:14; 141:12;153:24;158:23, 245:6:288:7 25; IS9:2;181:6; 251:18; Toxicological 16:3,7; 256:24, 25; 258:9; 299:16, 173,16;19:14; 239; 17; 320:23; 324:1& 325:7; 27:10; 28:2; 32:17; 38:18: 335:1, 9 40:10,12;78:25:79:19, Tobaeeovnk,88:10 23; 818; 989, 33:99:11; today 60:6;78:2, 20, 21; 101a& 184:23;186:10•, 79:11; 89:17;10(:15; 187:17;193:24; 211:2; 116:16;128:7,11;129:1; 238:24; 305:2:3139, 23 133:1, 2;160:23;193:2: toxioobpist 16:2, S; 210:7; 220:14, 21:238:3: 25:3; 27:17; 36:6, 9; 240:1; 257:7; 274:19; 102:20;123:7;127:4: 276:15,17; 277:16; 135:25136:1p 151:1 S; 289:22; 302:16:309:4,10: 162:2;172:15:177:21; 310:12 182:23; 203:13:204:1& together 37:3; 56:25; 207:7; 216:6,18,237:1& 1493;181:13:189:15; 241:2; 256:5:264:7; 194:12;229:7,9 270:10; 291:9; 299:20; tok176:7,10,17, 20; 304:19 - 83:12,13; 90:24; 141:10; toxkokpists 19:19; 169:19;170:14;193:21: 23:5; 27:23:40:13; 92:19; 211:21; 224:10,16,17; 101:11,13;134:14 260:19; 266:24; 279:17, toxkok+py 13:18;14:2, 24; 316:22; 322:16,17,18, 5; 16:18;23:23; 26.3.5.9. 21; 324:23; 341:1& 20 15,1& 19, 24; 27:17; tolerance 119:24 29:15,19; 50.9;71:5; Tom 249:8 8 78:17, 23; 99:13;124:11; , 134:7;16634;167:1, 2; ton 61:12 170:21; 202:16, 18; Tony73:17,19,21,23 218:17,18,19:228:15; = took 53:7, 20; 57:2; 233:18; 237:24; 238:21; 90:16; 97:10;166:21; 170:14; 178:13; 184:15; 185:18;196:7; 201:7; 206:4; 280:15; 310:8; 322:6; 342:1 tool 148:20; 243:5; 252:13,15; 265:6 top 43:9,10;83:22;909; 109:12; 120:25; 125:16; 129:9;156:1$ 209:18; 238:19; 292:21:293:16, I7;315:21;318:13,19; 323:24 topic 190:10; 273:17; 274:8,11,13; 330:18 topics 29:5 Tota169:S; 245:16; 271:20 tot.lity 3369 totally 162:17;237:11 touch 18:11 toured 256:4 Touretts's 1879 toward 13:1:241:5 towards 147:23; 235:17; 271d7; 325:15 Townsend's 69:24; 95:19 Tox 169:9; 241:20; 288:4; 300:13; 306:4,14; 329:10 239.3,11; 246:5; 287:21, 22; 288:1; 300:9; 330:21 Toxicology's 287:23 T0X0 302:19 track 134:12;167:14 traokinp 134:10 traoks 117:14 trade 82:4; 286:19, 20 trained 124:10;182:24 traininp 75:& 124:13 transcript 266:4 transfer 95:1, 11; 118:1, 4, 5,18,19;130:20; 151:24; 338:23; 339c4, 7; 340:2 transferred 72:10; 95:7; 203:23; 230:8 transhkn 313:8 treat 108:12:187:7; 205:14; 206:24 treated 161:3,4;321:18, 20; 326:23 trsatinp 162:7 treatment 26:8:94:19; 205:11, 20; 206c10; 316:4; 336:16; 337:14 trsatmsnts 335:22 tremendously 1572 tried 49:25; SO:St919; 176:12; 257:It - triOOns 3o7:e Tdplar 15:12 , trus 76:6; 91:5:99:6; 112:4; 227:14, 15; 232:16; 233:4.234:12; 243:10; 245:17; 253:24: 273:3; 301:11 - truly 10/:8;1334; 213:11 truth 75:23;77:12 ' try 47:12; 67:20; 89:25; 108:24;141:11;188:23; 213:17; 2159; 258:20; 263:15; 286:20; 294:24 tryino 13:14;65:5;67:23; 96:21, 25;128:19;139:22; 193:1; 227:13; 2211,6, 13; 260:5; 263:7:290:23 tube 145:15 tubes 24:2 Tuesday 17:13:61:3 tumor 157:13,15 tumoripsnte 157:11,12 tumoripsnic.ln 157~ tumors 157:5 Turkish 93:24;158:12, 13; 256:20 turn 24:3: 213:19: 259:15: 274:16;295:3:315:18; 319:11 -.--- tumsd 2226; 319:17 twshM 22:11;182:17,1 9; \ 313:2 J twak!a•hour 179 Twslvrthirtasn- somsthinp 332:2 twenty 219•3 TwsntyAivs 11:6 twice 34:12 Two 11:10, 23c 23:24; 27:20; 29:19:31:13; 49:18,1& 54:3; 67:21; 68:21, 22t 69:5;72:1; 76,16; 94:30004% 104:15;123:18,19; 137:20:152:17;153:17, 20;154:22;1SS:12; 163:10;188:7;193:16: 205:25; 219:5; 244:6: 245:16; 246:Y 251:13; 254:16; 255:24; 2579; 268:7; 272:9; 274:6; 280:4; 283:12; 294:2, 8; 297:20:304:2; 315:20; 323:21, 22; 334:23; 335:18; 341:1,14; 342:22 twaand-a-haM 164:3; ~ 176:4 . two-carbon 178:22 ~ two-page 248:16 ko two-yar 223 , twofold 269:15 m type 15:5:21:24; 31:2; ~ 36:19; 41:14,17; 43:20; 47:6; 57:6, 21: 59:7; 80:6; 84:17;100:23;101:15,20: textbook - type (24) Mia-U•seripfs WAGA & SPIIVE[IZ (973) 992-4111
Page 130: nui31d00
PSYLiIS SMA1L v. IARIILtItn Y+nsAOCO oo11PANY.-a aL, _ 102 22 1099,14,1S,1S, 17,19 11015;137:30 151A;1S3:1,10;156:23; ' 162:6;163:4, 6;170•.23; ` 210:10;2519;308:21; 319:17; 324:10; 326R; 330:19 1106823:21, 24; 44:12. 1.9:83:20t 86:24; 87:2, 4, 5,7,11;93:14:91:15; 103:11;104:31;109:13. 13,13;141:12;153:17; 153:13;158:24;176:13: 179:18:2S6:1S; 311:10; 325:3,19 typkaly 180:2, 6 U U.8 56:20 uberathn 1879 ULT 265:3; 293:23 ukimste 235:19, 24; 236:5,13,15.18, 22 ukra 46:23; 23tr.2S; 262:10; 261:23:265:1, !; 293:23 aM 246:21 uBNkp 246:20 unable 200:1 unaware 171:15 unbind 205:21 unborn 246:6,7 unbound 205:2; 206:13 unclear 49:17;121:21 under 8:6;17:5; 20:7; 22:10; 34:18; SS:1S.22; 38:5;49:21;80:23; 102:11;133:2S:14S:16; 146:12,16;166:14; 173:12, 20;198:20, 23; 2219,12,1 S; 223:20; 241:21; 2429,12; 2449; 259:1 S; 272:19, 24: 274:1 S, 23:275:14; 283:11; 285:5,13; 286:2; 287:22; 289:13; 2913; 294:13,19; 317:25 undergraduate 183:1 underneath 223:16; 235:16; 291:6; 293:25; 2949,17; 295:6,12; 317:12,18; 322:13:329:9. 17; 338:16, 2S understandable 255:5 understood 49:25; $15:10 undertake 28(:6 undertak.n 172:24 undesirabN 238:24 unheeted 312:13 unique 165:3:237:7 unlt 169:16 United 29:19:187:14,18; 216:25; 217:6; 218:1 unlb 1114 ' ° unhrenlties 134:11,24; 202:8, 25 Unhrinhy 12:16,17, 20; 13:16;14:20;15:14;169; ` 26:1; 27:1,13: 31:5, 9; 200:2; 26/:12, 20 unlra 295:2 unlike 107a un8key 233:24; 23(:4 unquote 247:24 uns.fe $2.i unsun1201:1S unusua1228:19328:4 unwanted 291:12 up 13:21, 23;19:22; 25:20; 43:25; 47:6; 49:16: 51:3; SS:4; 63:3; 739,10: 76:20; 81:10; 89:2,4; 90:$ 2, S; 91:11; 93:4,10; 993, 25:1063, 5;110:11; 11 S :15:121:2 5;12 5:13, 17;132:19:137:11;138:3; 139:211142:2S;1S4:23; 156:11;158:22;1619, 20; 163:23;165:11, 22; 172:20;181:13;183:3; 205:21, 24; 209:17; 218:25;219:15;226:15, 17, 22; 239:3:24fi22: 248:1; 249:17; 2SS:4,17; 256:19; 282:5; 285:7; 289:3; 292:7; 295:4; 3049; 309:24; 324:21; 339:4; 342:6; 343:1_0 updatlnp 262:6 upon 12:15;18:11;81:22; 93:6;119:37124:12t 153:16;162:17;176:19: 187:24; 201:14; 22S:2S; 227:10; 246:6,7; 278:17, 24; 280:22; 28/:25:289:& 305:2,7; 313:19; 33S:1S; 337:15 uPPer 231:3; 242.7 urinary 126:23:127:16; 230:14; 263:10 urine 14:11,16;122:1 use 14:13;18:3;19:13; 20:1; 21:12; 27:23; 36:20; 41:11; 43:7; 44:7; 47:14, 22; 57:24;64:7;71:20; 87:21; 88:7,14; 89:13,16; 9025; 91:11, 21; 93:18; 99:1,20;100:1;101:15; 102:21, 25;104:3,14,14, 17;105:13:10743; 108:11;10914,1 S,1S.16; 118:14,15,16,16;120:18, 23;121:4;122:3.19; 123:19, 24;126:10;127i, 19, 24;128:17;129:19; 132:18;133:4;140:16; 146:23;150:19.20; 151:20;154:1,12,12; 161:17, 21;162:2,19, 23; 163:3, 5:172:13;175:1; 177:21,25;185:10;192:2; 200:12, 24; 20/:22,25: 20S:1a 14;108:18; 210:24; 214:25; 219:19; 220:23; 221:18;225:8,15, 24; 229;25; 230:1,6, 7; 236:22; 242:21; 232.R 23; 254:13; 262:23; 26S:7c 266:9:267410;268:1, 1x2W3,7,8:212:17; 273:1; 274:25; 2739; 277:20. 2S;2819,13,24; 282:5,6,13; 283:10: 28441.15; 285:(,10; 286:15;287:8;2889; 28¢11; 290:5; 297:23, 2S, 25; 299:19; 304:5,16, 23; 306:1 S; 307:5,6; 308:21; 309:1,4, S, 9; 316:23,23; 3213; 325:2; 3269,15; 328:2; 333:7; 336:20, 2 S; 3379,13 • used 17:25; 26:13,17; 35:23:43:1,1;44:13,15, 16,20;45:7,8,21;48:11; 579: S83i,9,17,18: S9:T 62,21;81:15.23,23: 82:11,12,15;83:6,15; 84:1,3,4,11,12,14; 85:18;86:15;87:2Y 88:22; 90:11,12,19; 91:3; 92:5.11,12, 25;93:3,11; 98:20;102:22, 23;103:18, 19, 24;10I:7,14,18, 22, 24;103:10,17,17;106:2, 3, 9,11,19.23, 24;107:1, 1,19, 21;10&°/;110:25; 113:6;120:13;127:25; 128:7,1Q11,14,14,16; 129:15,17, 20;130:10, 23; 131:5,&9,12,13,14,15, 24;132:25, 23:153:1, k 137:10;138:10;154:4,S, 1l, 23;1SS:1;160:15; 161:22;162:19;163:1; 174:21;178:6;193:25: 205:16;206:24;207:5; 211:11, 24; 2129:216:11; 219:16; 228:11,12, 24; 243:3.4; 246:5; 250:1S. 18; 251:19; 252:12; 259:1; 263:2; 267$; 271:16; 2749,17; 275:2:277:13, 14,17,18; 280:13,14,17, 20, 23, 2S; 281:1, 8,17; 283:21; 285:7; 288:5; 292:3; 294:6; 30(:7, 22; 30511,13:306:12; 309:10, 21;310:12;314:2;319:25; $203,12,16, 22; 3219, 12; 324:19; 326:18; 327:3, 4:336:23 uses 58:x93:16,17; 108:10;157:18 using 17:4;19:1;47A 17; 51471:18, 23:90:13; 91:23:105:24;106:11; 122:8;129:21;131:2T 159:22;160:3,4;163:2,7; 177:18:178:3;187:7; 200:18; 208:24; 211:17; 212:7; 230:24:243:1; 252:18:259:7; 267:11; 270:11;275:11,1l,21,22, 23; 276:4:278:21; 279:4, 7,8.10,14,19,25; .; 284c18;285:1;2899; 290o-.24;296:2;306:10; 313:6;32M329:1; 339:20.23 luuapy 229,1x 94:1, $ 3; 102:11; 117:10; 200:19; 219'4; 246:8 upllzatbn 22f:e,11; 226:4 - utlllneS:12;869;93:15 utllis.d 92:3;129:10; 132:20, 22:148:17; 250:11; 282:24:318:25; 32S:2o udllsin0327:12 v V4rtn 199:18 vapue 336:8; 34trb vaguely 258:17; 287:1 value 278:12; 280:10,14 valua 262:15:27711; 278:2.4, 7, 22; 279:S,9: 283:22 vapor 24:5;102:13; 130:17,18:2363, 4; 237:5; 238:5,13:267:3; 291:6 variabk+s 215:7,10 varlstias 93:17,'t8,18 varkdy 58:17;191:12; 309:10 various 10}3; 216:24; 285:11; 302:18; 311:10; 32S:19t331:16,17; 335:22 vary 939 vasooonstrk:tiw 208.9 vasoeonstriNor 136:18; 143:18 vasodilator 136:19 ventrk:N 246:24 ventrkulsr 246:19 ventun 187:7; 321:5 venturinp 209:25 veraoky 7i:23; 77:12: 199:24 verbal36:17 verbally 198:10,11 verBisd 228:8 ver 200:1;227a3: 2284.14 venbn 305:17 versus B:S; 22:21; S2:S: 83:22, 22; 8Sas; 87:11; 94:10, 22;102:10, 24; 113:11;118:12:1353; 151:11,12;160:4,20; 161:3; 203:16; 206:12; 227:17; 2SS:6; 256:20, 20; RobeR L 9uber, Ph.D. Novmnber 20,1997 27SJ8;293:24i 294:20; 295:13; 297:Y 312:17; 320:24; 3219:334:24; 337:21 vesa.k:143:19:208:9 veterinery 15:2:279 v18246:12,13,20,21: 247:1, 5; 250:24 vl e. 27: [; 77:23; 969.12; 308:5 vkfso 8:14 VIDEOGRAPHER ea; 9:3:59:16,19;99A7; . 100:6,9;132:4,7;178:15, 18:188d, 9; 240:15.19; 265:18, 22, 25; 303:10,13: 3/0:18,21;343:15 vklsotape 99:18; 265:19 videotaped 8:3;100:10; 188:10; 266:1 view 42:24; 43:4: 52:7; 84:12, 21;105:8;106:8, 24;127:4:136:1:138:17, 19, 20, 21;167:22; 20334 204:18; 212:4; 224:1Sc 238:20; 251:20,.258:22; 272:10; 275:25; 33S:i9 vk+ws 173:20 Vken 199:14,16 Viren's 199:24 vhro 247:6 vel.tils 59:7;129:23; 206:18; 207:9; 230:4 volatAbe 599:206:19 volume 201:7 volunl0•wbe 20(2 voluntarly97:13; 198:23; 286:4 volunteer 213.6 vomkiny 125:15 VRP 240:5 w W308:3,3 Wsya 8:16 Wah 22:25; 65:19,19; 285:6; 294:23 walk 24:19 Wdlace 70:20 waIh1130:1S Wally 28:1;70:20;74:19; 96:23; 171:5; 192:21; 193:20; 224:16,16 Waly's 96:21, 22;171:6 vrents 66:5;99:1,4; 210:20 Wuhlnpton 19:16 waste 90:23; 212:5 water 43:19, 2S; 44:2; 89:3, S, 6; 90:6, 9;105:1; 130:17,18;136:4;139:1; 140:3; 206:4; 229:8.9; 255:19; 257:18, 23:258:5. WAGA & SPIIVEIII (973) 992-4111 Min-U~Sce3Piv (25) types • watr
Page 131: nui31d00
LORII.IA1eD TOBAOOO OpIdpAltY, et aL, Robinson 185".17,18, 20: 200:12; 201:1; 262:19: 263:12 ~ Robinson's 200:21; , 210:3 ~ Rock 31:19 rodsrd22:12;224tS • "nls 22.9,12,14 Rodpnrn 413;71:13; 331:18;336:13 Rodpmsn'8334:7 folt 14s:22, 23;171:21; 17x:1, 3,13 M;178:24; 179+2,1; 287:73 , ; , room43:5;20633; - 211:1$,14 ras 199:1 Roseland 8:17 rouph 319:19 rounded 142:12 rou1.22.20; 23A,12; 246:13.15 routirN 183.20 routin.y 183:13 RU 308:23,24;313A7, 19 rude 65:10 ruN 93:20 ruled 115:20 rules 210:25 rumors 4a2s run 44:24:60:25;124:15, 19.20:17911;181:6; 225:17,16,20:301:25 runs 22:14;43:13 Russell250:4 S Sd•rne•EWf 10:21 6•u-b-04 10:17 S w~ ugs•t 79:1 S Ncchsrln 21:20 $eM 19:12; 52:4,6 sster 51:24:52:13,14 sstaty 29:24; 52:3; 244:13 Ss9artz's 303:25 sale 85:13; 91:7; 92:6; 110:17;190:15; 259:2: 265:17; 320:20 111e19m 187:23 sales 25123 ssk 206:17; 207:1; 229:3, 3,4,8;338:21 sshs 258:12,13; 277:21, 25:28(:18 326:IS,16 339:17 sahy 229:8 Sam 73:24;79:12;170:12 sams 38:13; 46:12,13, 14,15,20,24;51:15; 67:15;73:1,1778:2;l6:57 87:15t 88:8; 96:5;100:21, 22, 24;104:17;106:6; 10790;111:10;133:15; 142:9;145:12;147:18; 148:14; 15219;1534; 159:12.24,162.i 6K ' = ; 16I:16;167.10;168.8; : , 170:2, R 1719,11; 184:17;1857;189:5: 191:18;19(:10;195:4,15; 208:16:209:24; 220•A; 221:17;224:2qa- • 250:15; 2s1A252:1a 256:4; 266:22; 269o2S; 270:5;283:2:284a7; 286:10; 292as; 29fA- 318:16; 322:4,15, 2S: 323:13,17; 324:10, 20, 22; 325:3,16, 23; 326:21, 2S; 336:18:339•3 samples 14:11 Sandrkipe 8:11 sandwich 1SSs Sanwst 29725 sst 29:19 satkslsotion 171:17; 175:1, S; 293a1,14,18; 294:1, 3,10,13 sstistied 154:19 sstkily 119:10,15 auee 172:10 ssuosa172:1% 9 ssw 252:24 saw 122:25;149:8:156:6; 162:6;181:22; 267:19; 287:21 ssyin0117:2;128:25: 146:3;149:9;173:4; 183:23;194:20; 211'~3; 22 5:20; 229:6; 241:13; 255:20; 257:10; 259:4; 2781:291:23, 25:292:Y 294:12 SchindNr 983 school 12:10,11;13:2, 12,1334:2105:14; 16:24;17:12,14;135:4; 182:25 schools 26:24; 202:12; 228:19 science 13:15:50:/s 75:11;99:16; x18:19 scisntHic 29:9,13; 30:9; 573;7130,16,19;72:12, 16, 23; 73:3,13;75:14,17; 77:17, 22, 23;7&1; 124:10,13;133:16, 21; 143:1;146:10;150:18: 165:12;166:22, 22, 23; 167:11;179:23;187:16; 200:5,6, 8; 208:22; 215:8; 223:5, 24; 229:14; 242:17; 250:10; 261:6; 268:8; 304:24; 305:5, 6; 333:16 sciantllicsly 167:21 scisntis12S:6;S4:24t 61:25, 23;62:4, 8,11: 112:5;133:15:196 9 WAGA & SPIIVEiIl (973) 992-4111 240:4; 26/A290:18 - scientists 36:18;t7:2S; 50:2:81:11;15791: 16/:22;191-10;229•A seope 220:20 ' Soot122i:13; 232c20 ,a s0n8ohsd 2(2ao ,. z screen 9K-2SS:10. 258:8 scrseninS 213:21:21(:1 se 10I:1;147413 ss.roli 263:14 ° SoeCnd 8:12;114:10; . 148:24;168:7; 217c8, 8; 235'.21, 23; 238:18; 243:k NS:3,1S; 259:18,19,20; 288:13; 294:22; 295:6,1Y 303 9 309 16 331:I9, 22 second,to-Mst 235:14; $1225 sscondsrly28/b ssoncy 82A ssttstsry 72:14; 218:25; 249:2; 328:20 secrets 286:19,20 ` ssotion74:4;14Safi 177:6; 221 dt; 233:25; 274:14;275:14;287:22; I 293:17t2977 sseIng 107:24;110:2; 146:4; 232:1; 266:20; 287:2;303:19:328a0 ssskinp 217:12 seemed 77:14 s«ms 117:22; 235:1 ssp 237:19 soNct 9:23; 46:18; 48:1 S, 18; 493.22; 50:11,18; 53:10,13,18,19, 23: 54A 7,18, 20; 55:19;131:8,15; 153:5;166:20C 182:16,18; 183:19; 201:21:273:24 selectinp 109:1 setection 166:16 seNcthrey 47:16 Sekxq 49:5 saM•seninp 114:22 sell 54:19; 219:15; 265:8 sellinp 38:11,11; 212•3, 3 sells 117:18;174* 289:21 seminsn 71A send 1617,7, 24, 2S; 165:25;166:3; 285:18 senior 27:4;74:15; 97:23 sensation 209:10 sense 209:2, 6; 327:10 sensory 120:24;121:2; 122:14;141:8, 9;142:11; 144:19;147:12;172:3,11, 13,17; 176:15; 208:19; 209:13; 211:14; 266:14; 296:2,4,14,17, 25; 297:3; 312:5, 5,16; 322:10 Mia•U•Seripb5 Sen,on wtw,cNorr ~enl 36;156:21:21e:2s;' 282:16 305:22; 331:20; ' $31:17 ..nlsnoe 236:11, 22,'~ 257,7, la 21; 234 M;1Y : 235s.8,1Si24s:ls; ,• i 247:3; 2S(:12, 22; 257:25; 258:1a ZS9.18, 2a 260:1; 26/:2; 272:20;376:2; 277:2,19; 279:17t310:3; 838:16;339? . . r SepsMe36:12;49al; . 62:18;15721, 22;170:17: 238:13 . sepsrattly 62:22 sep.ntinp 92:10 Sspt.mbsr 12:21 saqusntialy 3oS:2o asrin 18:21;304:9' 305:10 sarbusy 230:11; 263:16 Nroe 80:3; 97:4;106.6; 145:2; 249:20 sennd 80•.13; 341:16 serves 38:12;153:13; 223*271:19 Senrlo.s 283$ sasbns 68:18, 20, 22, 24;69:2 ast25:21;73:10;99:2s; 14tA 160:24, 25;176:11; 229:23; 239:3; 246:2, 3; 289:15; 290:3; 3fN9; 322:13 sets 20:24; 67A; 68:13 ssttinp 34:19; 35:16; 95:23;129:5; 288:14 seven 49:14,16; 222:24; 297:20 sewntia 99:14 several 219; 27:14; 70:3; 71:3; 79:6, 7;101:14; 152:25:216:13;329:2 sh.rs 186:25 shsns 155:23 shset 43:18;44:1, 2, 3, 21, 2S:4S:4,7, 8,14, 21; 88:22,23; 89:6,11,12, 20; 90:1,4, 7, 8;929,12,12; 94:10,11;104:25;10S:S, 14,19;106.23, 24;11RT 153:14,17, 22, 23;154:6, 11, 34;156:13;1D8:17,20, xx1S9:2,13,15,19; 160:8, 8, 20;161:3, 4,18, 22;1627;164:6; 251:10; 254:14; 255:15,19; 256:21, 2S; 257:2, 4,7,7, 8, 8,10,18; 258:6; 281:7, 17, 20: 290:10; 303:6, 6, 23; 304:8,14; 305:21; 307:12,17, 21; 3109; 311:2,2,23;316:3: 317:11,23;318 ovembec 20,199• 17, 23; 3i1:1, 8, 21; 322:7, 9:10' 3 26:12, 23; 3 38:3, 15,22;339.10 : : .hNts (S 24; 88:19; 90'19~ 93:19;103:14,15, 15, 18. 10(:16,17;105:17; 153.24,1S4:S 1582R 159:5,19;160:18; 254:23; 253:3, 8.9; 2S8a,11,19; 259:2;303:22;30W9: 307:13;309:16;310:1,5, 18319:17, 24; 32214, 20; 323*-326:6,7 shsM49:N short 48:22;72f 24i:12 shertAerm 208:21 shorMr 70:10 shorthand 3267 shortly 193:15306:14 shouldn't 20A show 19:22;193:1a 268:6; 298:14; 314:20; 328:7; 330:15 showsd 161:1,16;193:8: 262:17 Showing 467;302:18 shown 69:1; 221:2ar 229:14; 300:16; 301:15; 302:20; 308:7 shows 276:4; 32a11; 321:s shrinke 143:18; 208:9 shroud 137:24 sic 27:14; 247:5 side 24:22;328:6:330:15 sklestream 136:6, 9,14, 20,23:157:1 . Sipms 30:1 sipn 82:23; 83:T 98:22 signatory eo•.a x10:6 slpnature 244:24; 343:1' siyned 35:19; 232:20; 248:17; 305:24 sipnMicance 167:16 si8niibsn1102:17; 106:22:183:10;304:1 sipnBicsnty 262:10 signs 82:22 similtr 99n:103:22; 108:1f;1313;137:; 152:20;153:11;195:16: 184:5:1853;186:16,19, 21; 323:17 simiisrlty 186:25 SimOary 197:1R 208:3; 262:12 Simmons73:24;79:12; 17Q12 simph166:13; 89:22, 2S; 212:25; 271:4; 30(:23 simpNr 150:11,11; 289:19 Simpissss 36:21; 38:15 16 31932,16,22;3203,7, 1 simplMy47:12 (21) 1Wbiason • simpllt 51769 1016

Text Control

Highlight Text:

OCR Text Alignment:

Image Control

Image Rotation:

Image Size: