Anne Landman's Collection
Privileged & Confidential Attorney Work Product: Letter from John Rupp (C&B) to Sharon Boyse (BATCo) explaining setup, funcation of Center for Indoor Air Research (CIAR)
Abstract
This 1993 letter from John Rupp (of the industry's law firm Covington and Burling) to Sharon Boyse of British American Tobacco describes the Center for Indoor Air Research (CIAR), a scientific front group set up by the industry to help deflect smoking regulations across the Rupp, apparently trying to sell BAT on joining CIAR, emphasizes the credibility benefits of CIAR and how CIAR has thus far been able to deflect accusations regarding the taint of industry funding. Rupp says "a number of CIAR-funded projects have contributed significantly to the industry's ongoing efforts to oppose unwanted smoking restrictions." Rupp mentions the work of Roger Jenkins and says it has "been used repeatedly by industry consultants and others to counter excessive claims made by our opponents."
Fields
- Quotes
The CIAR staff and board of directors are understandably proud of the prestige and credibility CIAR has been able to attain. Without those attributes, indepdendent scientists would be reluctant to submit research proposals and project reports would be vulnerable, because of the [tobacco] funding source, to unwarranted criticism. In fact, I am not aware of an instance in which our opponents have been able to dismiss the results of CIAR-funded project by attacking the funding source. That is, it seems to me, a very real and important achievement.
In addition, a number of CIAR-funded projects have contributed significantly to the industry's ongoing efforts to oppose unwarranted smoking restriction...
As noted above, the CIAR monograph series has proven to be a quite useful addition to CIAR's communications arsenal. The monograph written by Dr. Roger Jenkins and others at Oak Ridge National Laboratories, which summarized both published and unpublished data on the levels of ETs components found in typical indoor environments, has been used repeatedly by industry consultants and others to counter excessive plaims being made by our opponenets. We expect the Oak Ridge monograph to be an essential part of the presentations we undoubtedly will be called upon to make later this year to the U.S. Occupational Safety and Health Administration as that agency considers demands to ban or severely limit workplace smoking...
...What we have learned over the past five years, the period of CIAR's existence, is that CIAR can make--indeed, already has made--an important contribution to the industry's efforts to fight unwarranted smoking restrictions. Expansion of CIAR's membership base would permit the industry to take advantage of and to enhance CIAR's potential on a worldwide basis.
- Company
- Lorillard
- Author
- Rupp, John P. (TI Communication Committee, Covington & Burling lawyer)TI Communication Committee
- Recipient
- Boyse [Blackie, Pellow], Sharon, Ph.D. (BAT Head of Strategic Research; aka Sharon Blackie)Mgr. Smoking Issues, BATCo Corp. Affairs Dept 1994; Dir Applied Research B&W 2001.
Defense
Nonprofit organization funded by the tobacco industry. CIAR was formed in March 1988 by tobacco companies "to sponsor "high-quality research on indoor air issues and to facilitate communication of research findings to the broad scientific community."
OSHA opened hearings in September 1994 on a proposal that amounts to a virtual ban on smoking in every workplace in the nation
1994 Long time ventilation consultant for industry. Proposed as a consultant to comment on Federal OSHA proposal on workplace smoking. See @healthy_buildings_intl
1998
1994 Used by industry to discuss OSHA exposure analysis, report on his own study, and discuss personal and area monitoring studies.Proposed consultant to comment on Federal OSHA proposal on workplace smoking.
Roger Jenkins performed studies funded by tobacco industry front group "Center for Indoor Air Research"(CIAR). Stated he and his colleagues had developed study methodology with input from CIAR and R.J. Reynolds. Oak Ridge National Labs received $797,892 in 1993 for Jenkins to conduct a study titled "Determination of Human Exposure to Environmental Tobacco Smoke." He testifies on behalf of the tobacco industry, but was barred from being a TI witness in Florida flight attendants case on the grounds that R.J.R's assistance with his field work and lab analyses made his research suspect.
Professor, Dept. of Environmental Engineering, Illinois Institute of Technology
Document Images
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JOHN P. RUPP
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PRIVILEGED AND-CONFIDENTIAL
ATTORNEY WORK PRODUCT
March 12, 1993
COVINGTON & BURLING
1201 PENNSYLVANIA AVENUE. N W.
P.O. BOX 7566
WASHINGTON. D C. 20044
12021, 662-5000
Dr. Sharon Boyse -
British-American Tobacco Company Limited
Millbank, Knowle Green
Staines TW18 1DY
United Kingdom
Dear Sharon:
You will be receiving shortly from Dr. Max Eisen-
berg, Executive Director of the Center for Indoor Air Research
("CIAR"), a proposal that responds to a number of the issues -
raised in your letter of February 9. Dr. Eisenberg has asked
me to respond to the remaining issues identified in your let-
ter in my capacity as counsel to CIAR. -
1. CIAR Achievements To Date
CIAR was organized approximately five years ago,
with Lorillard, Philip Morris and Reynolds joining from the
outset as Charter Members. As one would expect, there has
been a quickening of the pace of CIAR's achievements over
time, and particularly over the past three years as projects
funded during the initial funding cycle began to be completed
and the results began to be published. -In addition, the CIAR
monograph series was inaugurated approximately three years ago
and has proven, even in that relatively-short time, to be an
important vehicle for communication by CIAR (and its grantees)
with both the scientific and regulatory communities.
There are enclosed-for your information a booklet
that summarizes the research projects that have been funded
thus far by CIAR and a list of current CIAR science advisory
board members and reviewers. As should be clear from the
project booklet, the subject matter of CIAR-funded research
projects is quite diverse, which is in keeping with the
diversity and scope of the issues-associated with indoor air
COVINGTON 6 BURLING
Dr. Sharon Boyse
March 12, 1993
Page 2 -
quality. Projects relating_specificaily to ETS account-for
approximately 40_ percent of the total funding, which but-
tresses a point we often have made to government officials and
others considering smoking restrictions -- that -is, that ETS
is only part of the indoor air quality equation. -
The prestige and-credibility that CIAR has achieved
in the U.S. is due to a variety of factors,-not least among
them the prominence of the scientists who have served on
CIAR's science advisory board and/or as reviewers of research
proposals.- As-you will see from the enclosed list, CIAR
science advisory board members and reviewers come from some of
-the most-promin-ent research institutions in the-United States-
and are among the most-respected international experts on
indoor air related issues. CIAR grantees also are a-distin-
guished group, with many-holding senior positions at some of
the most prestigious universities within as well as outside
the U.S.-
Consideration of CIAR's achievements to date must be
approached,=of course, from several different perspectives.
The CIAR staff and board of directors are understar.dably-proud
of- the prestige and-credibility CIAR_has been able to attain.
Without those attributes, independent scientists would be
reluctant to submit research proposals and project reports
would be vulnerable, because of the funding source, to unwar-
ranted criticism. In fact, I am not aware of an instance in
which our opponents have been able to dismiss the results of
CIAR-funded projects by attacking-the -funding source. That-
is, it seems to me, a very real and important achievement.
In addition, a number_of CIAR-funded projects have
contributed significantly to the industry's ongoing efforts to
oppose unwarranted smoking restrictions. Examples include the
study by Dr. Alan Hedge of Cornell_University of the impact of
various forms of smoking restrictions on a number of indoor
air quality parameters, including occupant perceptions; the
study by Gray Robertson of Healthy Buildings International of
nicotine levels in 235 office-buildings; the airline smoking
studies conducted in Europe and the-U.S. by Drs. Torbjorn
Malmfors and Delbert Eatough, respectively;-the study by Dr. -
Demetrious Moschandreas of the extent to which peopl-e's-objec-
tions to smoking depends upon their being able to see smoke in
the air; and the air quality monitoring studies that CIAR has
sponsored in Hong Kong (involving Dr._Sarah Liao and co-
workers)- and in other places. -
COVI-NGTON & BURLING
Dr. Sharon-Boyse
March 12,-1993
Page 3
A number of other potentially import-ant CIAR-funded
studies should be completed over the next several months.
They include the air quality monitoring studies in-Braz-il and
Central-America; the personal monitoring study being conducted
-by Hazelton_Laboratories in the United Kingdom; and a study of
ETS and asthma, which is a continuation of work previously -
funded by CIAR-involving_Dr. Samuel B. Lehrer and coworkers at
Tulane University.
As-noted above, the CIAR monograph series has proven
to be a quite useful addition to CIAR's communications arse-
nal. The monograph written by Dr. Roger Jenkins-and-others-at
Oak Ridge-National Laboratories, which summarized-both pub-
lished and unpublished data on the levels of ETS components -
found in typical indoor environments, has been used repeatedly
by industry consultants and othersto counter excessive claims
being made by our opponents.- We expect the Oak Ridge-mono-
graph to be an essential part of the presentations we undoubt-
edly will be called upon to make later this year to the U.S.
Occupational Safety and Health-Administration as that agency
considers demands to-ban or severely li-mit workplace smoking.
Further, Dr. Michael Guerin of Oak Ridge, who worked
with Dr. Jenkins on the air quality monitoring-monograph, has
agreed to make the opening presentation at a interr_ational
symposium on ETS-that is scheduled-to he held in-Tokyo or.
April 2 of this year. As you know, the Tokyo symposium is the
centerpiece of the industry's efforts to co-unter the APACT
meeting that is scheduled to be held in June as well-as the
ETS portion of-the "white paper" on the tobacco industry-cur-
rently being prepared by the Ministry of Health and Welfare in
Japan. I doubt that-we would have been able to convince Dr. -
Guerin to participate in the Tokyo symposium if he had not
previously-worked on the CIAR-funded air quality-monitoring
monograph.- -
The studies described above are intended to illus-
trate rather than catalogue the CIAR-funded work that already
has been of substantial value to the industry, both inside and
outside the U.S. What we have-learned over the past five
years, the-period of CIAR's existence, is-that CIAR can-make
-- indeed, already hasmade --- an important contribution-to-
the industry's efforts to fight unwarranted smoking restric-
tions. Expansion of CIAR's membership base would permit the
industry to take advantage=of and to enhance-CIAR-'s potential
on a worldwide basis.
COVINGTON 6 BURLING
Dr. Sharon Boyse
March 12, 1993
Page 4
2. Steps Toward Further Internationalization of CIAR
As noted, CIAR already has sponsored a number of
important studies-outside the U.-S., including-studies in
Brazil, Central America, Hong Kong and the United-Kingdom.
The monitor-ing-studies that currently are underway in- Brazil
and Central-America were initiated, as ,you know, in response
to the need.s-that were perceived by Philip Morris and BAT
companies in-those areas. When-completed, the Brazil and
Central American monitoring studies will constitute the only
published source of data on indoor air quality ---inciuding
ETS levels -- in-the countries involved. Without CIAR as the
sponsor, there is at least some question whether either study
could have=been undertaken. I-have--no doubt that CIAR-spon-
sorship wi-11 add to the credibility of the study results.
- As was made clear at the meeting-in London, one-of
the motivations of the-current board in seeking to expand- --
membership--in CIAR is further to internationalize CI-AR's
scope. Adding-as Charter Members companies whose primary
interests lie outside the U.S. would permit additional non-
U.S. studies-to be funded. It also would provide a reason for
expanding CIAR's science advisory board to include scientists
from Europe and Asia and perhaps other regions. I also am-- -
satisfied that current CIAR board members would be sensitive
to-and would accommodate any concerns you-or-others a*_-BAT may
have about-the location of board meetings so as to facilitate
BAT involvement in-CIAR's affairs.
3. ETS-Related Litigation -
I_would be happy-to-discuss with the BAT Lega1= -
Department_the legal implications, as I see them, of CIAR
membership.- Suffice it to say here-that the laws of a number --
of countries place a duty upon manufacturers to investigate
claims being made about the safety-of their products. While
CIAR membership is by no means the only avenue that is avail--
able to BAT-to satisfy any such duty, I believe it to be a
particularly appropriate way for the company to do-so.
Please feel free to let me know if you need further
information on any of the points covered in this letter-or if
i
COVINGTON & BURLING
Dr. Sharon Boyse
March 12, 1993
Page 5
you have any additional questions that I might be able to
answer. -
Sincerely,
John P. Rupp
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