Tobacco Documents Online

0 JOHN P. RUPP D/RCCT DIAL NUMMCR 12021662•3630 TELEFAX12021 662•62li1 -TELEX:6fl-Sa31COVLING WSHI - CABLE:COVLING - AC«CSON Nousc N NCRTFDwD {TRCCT LONDON WIT)TF CN4LAND TCLCRMONC N-7i.yy-"Ds TCLCFAK µ.)1.4ISp-3qi BRVffCL! C011/KfPONDCNT QFFICC - a. AVCNVC DCS ARTs BRUfiCLf 1040 BCLOiuM TCLCPNONC 3I[.C-bl=-N90 - TCLCIMt ]t;-9DZ-ISN 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 4