Ness Motley Documents
Master Summary for B&W Subjective Document Review As of March 31, 1989
Fields
- Notes
Issues: F-ATT
Affected Defendants: B&W, CTR
- Type
- List
- Alias
- B&W 0011 LB 0011
- Scruggs 57
- Glantz 1000 and 1000.01
- Scruggs 57
- Named Person
- Viceroy
- Merit
- Lee, Peter
- Jacobsen
- Barclay
- Creighton, Allen
- Benowitz, Dr. Neal
- Amos, Larry
- Ravlin
- Yeaman
- Blalock
- Griffith
- Parrack
- Reynolds
- Litzinger
- Hughes
- Schachner
- Williamson
- Ellis
- Willoughby
- Hoffman
- BAT/Hamburg
- Huber
- Francisco, San
- Tests, Pseudo-Product
- Game, Simon
- Sachs
- Salerno
- Kelly
- Davies
- Tugwood
- Merit
- Original File
- TobDocs1
- Named Organization
- Philip Morris
- King & Spalding
- CTR
- Franklin Institute
- Project G
- Project Hippo
- Project Ivory
- Project Janus
- Project EMN
- Project Limit
- Project Madhatter
- Project Pegasus
- Project Rio
- Project Ship
- King & Spalding
- Keyword
- Project Janis
- Project EMN
- Project Hippo
- Project Ivory
- Project Limit
- Project Madhatter
- Project Pegasus
- Project Rio
- Project Ship
- Spindle
- Top
- Project Bluegrass
- Project T
- document coding
- King & Spalding
- lawyers
- Crime/Fraud
- Project EMN
- Characteristic
- no author
Document Images
MASTER SUM~RY FOR B&W SUBJECTIVE DOCUMENT REVIEW
As of March 31, 1989
ACUTE/CHRONIC INHALATION EXPOSU~$ T$STS
If you cannot determine whether exposure was more or
less than one day, make an educated guess and record the
reasoning for your assumption in the comments.
ADDICTION
Addiction has become an increasingly important issue in
tobacco litigation. In light of these developments, be
careful to code all documents that mention words like "depen-
dency," "habit" or "withdrawal" in connection with cigarette
smoking to "DA; Addiction." The document does not have to
include the word "addiction" to get the "DA" code.
ADDITIVE-FREE CIGARETTES
Project IVORY was to be an additive-free new product.
If you find a document about an additive-free product,
increase the significance and show the document to your
supervisor.
ADDITIVES
(See also FILTER ADDITIVES.)
When an additive is in code, please refer to the
Additives Code Analogues list to code the appropriate
substance. As you locate documents which "break" additive
codes, please send such information to Atlanta to assist in
updating the Additives Code Analogues list.
Documents discussing additives testing will receive a
"i" or "2" in significance.
ADDITIV~S GUIDANC~ PANEL MEETINGS
Documents concerning the role of the AGP should be
coded to "ECBA; Guidance Panel." If a document includes the
minutes of an AGP meeting it should also get a "BBC"
(Scientific Meetings) code. If the document discusses the
AGP's role in the testing of flavorings it would be double
coded to "ECBA" and "ECBB; Testing Flavors."
Send all AGP meeting minutes to Atlanta.
ADVE~T$SING & MIR~ETING OF OTHER COMPANIES' BRANDS
Do ~ot circle "AGB: Other Companies' Brands,, if the
document merely mentions the brand(s) of another company,
• ~., a taste test between Viceroy and Merit. The document

must actually discuss or relate to the advertising or
marketing of that other brand.
When B&W is tracking other companies' marketing and
advertising efforts (e.~., P.O.P. displays, coupons), code to
"AGB; Other Companies' Brands." Do not code all the indivi-
dual activities of the other company.
ALTERNATIVE CAUSATION
Research that supports alternative causation is defen-
sive, but you may often want to qz/estion in your comments the
funding source for the research.
Fully code documents relating to substances that are not
in cigarettes, but which cause diseases. Do not circle the
other substances code unless B&W was considering somehow
using the substance in cigarettes. Include a comment such
as, "Substance not in cigs, but B&W may be considering its
use" (if applicable) or mention the substance in your
comments as being another factor that causes or contributes
to a disease.
B&W began funding the AMA in 1964. Although the
relationship officially ended in 1968, B&W continued to give
money to the AMA until 1972 or 1973.
AMES TEST
When a document concedes that the Ames test is a viable
test for mutagenesis and extrapolates the results to apply to
humans, code to "MJ; Concessions."
ANALYSIS & ?Q~M.ENTARY
The analysis or commentary must have been performed by
or on behalf of B&W or BAT and must relate to non-B&W and
non-BAT work, research or publications.
Code to "BBA: Analysis & Commentary" if a document
discusses TAC (Peter Lee) reviewing government research.
ARIES FILTER
Research on the Aries filter or substantive discussions
about the filter should be coded to "EBCC; Ventilated/
Diluted."
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Always circle "1008; Asbestos" whenever the document
mentions asbestos. Continue to code documents discussing
asbestos litigation to "M; LITIGATION ISSUES" and any other
codes that apply. Mention in your comments that the document
concerns asbestos litigation, synergy, asbestosis, etc.
ASSURANCES OF SAFETY & CONCESSIONS
An advertisement can be an assurance of safety, but not
a concession. An internal document discussing an attempt to
convince people that cigarettes are safe would be an assur-
ance of safety and a concession, because it implies that the
company feels that cigarettes are not safe, but is trying to
persuade people otherwise. An internal document stating
that cigarettes are safe is probably not a concession, but is
an assurance of safety and should receive a significance of
"i." A concession implies that the company or industry
agrees with the negative claims about cigarettes. An
assurance of safety is positive with regard to cigarettes.
Documents regarding audits of Brown & Williamson's
departments or activities should be coded to "C; B&W
CORPORATE" in addltion to any other codes that may apply.
AWARENESS OF HAZARDS OF $~D~STREAM SMOKE
Double-code these documents to "B; AWA/~ENESS OF
POTENTIAL HEALTH HAZARDS" (or one of the subcategories) and
to "EJ; Environmental Tobacco Smoke." Link the two codes in
your comments.
H&W AWARENESS AND ACTION
With the exception of Brown & Williamson's tracking of
anti-smoking activities and research, only non-Brown &
Williamson and non-BAT documents should be coded to "BB; B&W
Awareness & Action."
~&W/BAT A~FILIATES
Documents regarding these affiliates can be coded to
"CC; B&W/BAT Relationship." Clarify in your comments that
the involved entity is an affiliate.
W.D. & H.O. Wills is sometimes a BAT affiliate and
sometimes a Philip Morris affiliate. If Wills seems to be
cooperating with BAT, assume that it is acting as a BAT
affiliate.
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~&W/BAT MEETINGS
Meetings between B&W and BATCO should be coded to "CCB;
B&W/BAT Meetings," even if you are not positive that scien-
tific issues were discussed.
Code B&W/BAT RD&E meetings to "BBC; Attendance at
Scientific Meetings or Conferences" (in its revised and
expanded definition) and to "CCB; B&W/BAT Meetings."
~&W/DAT RELATIONSHip
(See also B&W/BAT AFFILIATES, BAT BIOLOGICAL P~ESE~CH and
SIGNIFICANCE--B&W/BAT RELATIONSHIP.)
This code applies specifically to the relationship
between B&W and BAT (BATCo) . Documents regarding BATUS will
more than likely be coded to "CB; History and Organization"
or "C; B&W CORPORATE."
An othel-wise innocuous document which evidences the
relationship could still receive a significance of "3."
If CDC masters several documents together and none of
those documents is an "extra," and if one of those documents
evidences the B&W/BAT relationship, code all documents within
the Master Id range to "CC; B&W/BAT Relationship." Do check
to make sure that the documents should be actually mastered
together. (Sometimes CDC will incorrectly master an entire
file together.) If the master document is covered by one
c~ding form (i.e., one large document with "extras"), only
code "CC" to the pieces which evidence (on their face) the
relationship. Of course, in this case, the large document
will be coded to "CC" because it includes the extras.
Correspondence between Jenson & Son (BAT's patent
agent) and Kane, Dalsimer & Kane (B&W's patent counsel)
should be coded to "CC; B&W/BAT Relationship."
~&W k~ENTUCKy DERBY FLOAT
Documents discussing the float should be coded to "A;
ADVERTISING/M~KETING" and "C; B&W CORPORATE."
B&w'$ TESTING OF OTHER COMpAN~$' ~RANDS
When B&W is conducting product tests on other companies'
brands, code to the product testing ("AAC") code that
reflects the methodology that B&W is employing for its
tests. RD&E analysis of these cigarettes should be coded to
"EH; Quality Control."
-4-

~&w STOCKS
Documents discussing B&W stocks should be coded to "C;
B&W CORPORATE."
B&W v. CBS FILES
These files generally have a cover page that identifies
the box and file numbers, describes the file contents and
provides a date range. If this cover page is orange, it
should receive a "O" significance code. If it is the white
copy that follows the orange copy, it should receive an "NB"
and should be coded to "AL; B&W v. Jacobsen." The date
should be 820000/E, rather than the date range shown on the
form. In addition, assign any codes that reflect information
contained in the general description.
BARCLAY CONTROVERSy
Assign a significance of "2" if the document discusses
the effects of the controversy, advertising of the filter,
effects on sales, litigation issues or the status of cases.
Laboratory research will probably receive a "3" in signifi-
cance.
Code documents that discuss the FTC's involvement in
the controversy to "AM: Barclay Controversy" and whatever
other codes apply. Do not code to "KEC; FTC v. B&W."
Documents relatlng to the Barclay controversy will
often be coded to "EFA; Compensation/Modification."
~AT BIOLOGICAL RESEARCH
Code to "CC; B&W/BAT Relationship" when a copy of the
report is distributed to B&W personnel and possibly to "MAB;
[Confirmation of Causation] By BAT" when results or discus-
sion warrants it. Do mot automatically code to "MBB;
[Failure to Conduct Research] by BAT" and "MJ: Defensive
Documents" unless the document specifically discusses (i) the
need to conduct research due to the legal climate or (2) the
responsibility of the company to test its products.
DAT GROUP R&D CONFERENCES
We now have the proceedings from the meetings held in
1962, 1967, 1968, 1969, 1970, 1972, 1974-1976, 1978-1984.
Please continue to collect any of these documents that you
may find and send a copy to Allen Creighton.
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B~T ~RR~T~G
When BAT brands and their marketing are discussed, code
to "AGC; BAT Brands" and any marketing codes that apply to
those brands. In your comments, be sure to link which
marketing codes apply to BAT brands and which apply to B&W
brands. If there are B&W brands, be sure to indicate whether
they are domestic or international.
BAT SPECIAL CONFERENCES AND COMMITTEES
King & Spalding has started a collection of documents
which concern special BAT conferences and/or committees. The
following three areas are of special interest:
ao
BAT Group Research & Development CoD~erences:
These are held annually and started in 1962. We
have the proceedings of the meetings held in 1967,
1968, 1969, 1970, 1976 and 1980.
¢~airman's Advisory Compittee ICAC): These
conferences will probably be headed "Research
Conference" and have extensive references to CAC
and CAC companies. We have proceedings from these
conferences for 1976, 1981 and 1983. These annual
conferences are usually held in different countries
each year.
Co
Bioloqical Resea?ch Committee: These meetings are
normally held annually at GR&DC. We do not have
any of the proceedings from these meetings.
Please send a copy of any of these proceedings that you
find to Allen Creighton.
BATUS BOARD OF D~RECTORS' M~ET~NG$
Code documents discussing these meetings to "CE; Meet-
ings." Always identify BATUS in your comments.
BENOWITZ PAPER
Dr. Neal Benowitz published cotinine research (e._~,
Project TEMPER). One of his papers was entitled, "Smokers of
Low Yield Cigarettes Do Not Consume Less Nicotine."
BIOLOGICAL TESTING COMMITTEE MEET;NG MINUTES
Send all these minutes to Atlanta.
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B LACKMAN LETTER
This document should receive an "NB" because lawyers
were involved, and it should receive a higher significance.
The 9/25/84 letter is from Blackman to Owen, Boxall, Williams
and Gaisch, and it transmits a note from G.A. Reed entitled
"Summary of a Series of Smoke Component Retention Studies."
The note concludes that it is futile to estimate tar
consumption from measurements of nicotine/cotinine, NO or CO
in blood, urine or breath. There is a memo from Lance
Reynolds attacking the Blackman letter.
BRAND HI$TOR~S FOR OTH$~ COMPAN~S' B~L~NDS
Code to "AGB; Other Companies' Brands."
BRAN~ P~ANAG~RS
Documents that list brand managers for Brown &
Williamson brands should be coded to "CB; History & Organiza-
tion" and whichever brand marketing codes apply ( .~., "AC;
Viceroy Marketing").
BRAND-SPECIFIC ADVERTiSiNG & MARKETING BUPGETS
Code these documents to "AI; Marketing/Advertising
Budget" and whichever brand Advertising/Marketing codes
apply.
DUSINESS BU~%DING T~ST
The purpose of this test is to determine profitability/
share/image impact of heavy spending. These tests should
generally be coded to "AAB; Marketplace Studies."
CAC
This acronym can stand for the Cigarette Advertising
Code, the Chairman's Advisory Committee or the Cigarette
Associated Companies. The latter two are related to BAT
(BATI?). They are usually referenced in the context of
research conferences and biological testing.
If you see "CAC companies," the Chairman's Advisory
Committee is probably the entity involved.
CHAirMAN'S ADVISORY COMMIq~EE (CAC)
This committee is part of BATUS, but B&W and BAT people
attend the meetings. The committee tends to focus on S&H
issues in society (e.__~, fire-safe cigarette, litigation).
-7-

Code documents discussing CAC meetings to "CE; Meetings" and
identify the Chairman's Advisory Committee in your comments.
CHARTERED PATENT AGENTS
Chartered patent agents and trademark registration
agents should be treated as attorneys. These documents
should receive either an "NA" or an "NB."
CHEMO$OL
Documents that discuss the use of chemosol (an additive
in the late 1960s thought to reduce B(a)P delivery) should be
coded to "EE; 'Safer' Cigarette."
CIGARETTE ADVERTISING CODE~ INC.
Documents regarding administrative and business
activities of this organizatlon should be coded to "~HB;
Cigarette Advertising Code" even if the documents do not
specifically relate to marketing policy. Assigning this one
code uniformly to Cigarette Advertising Code, Inc. documents
will facilitate their later retrleval.
CIGARETT~ MOUTHPI$CE
Research regarding a cigarette mouthpiece should be
coded to "EBA; Design Variables" and "EBC; Filter Research."
Research regarding a ventilated mouthpiece should be coded to
"EBA; Design Variables" and "EBCC; Ventilated/Diluted."
CIGARSTT~ SALES
Marketing studies showing industry-wide cigarette sales
figures which also separately break out sales figures for
Brown & Williamson should be coded to "AAE; Industry
Performance" and to "CF: Sales/Profits/Pricing/Market
Share." If Brown & Williamson's sales are not broken out,
code only to "AAE: Industry Performance."
CLEMENTS, ~ARL
According to Larry Amos, Clements acted as a B&W
attorney, but did not receive a law degree. References to
Clements should be coded as if he were an attorney.
CLOSING OF [j3UISVILL$ PLANT
Documents discussing the closing of this plant should
be coded to "CB: History & Organization."
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CoM~ENTS
Please place "other substances," "other diseases" and
"other cancers" at the beginning of the comments field to
make it easier for the lawyers to find them and to make the
comments more clear.
Try to limit the number of significance "I" documents
that do not receive comments. For those significance "i"
documents that you do comment on, make sure your comment
describes why the document is significant and does not simply
contain the names of substances and diseases. It is not
necessary to explain all codes in the comments field, e.~.,
lust say "BAT knew X was bad but did not conduct research"
rather than "I coded to Failure to Conduct because BAT knew X
was bad but did not conduct research."
COMPENSATION & TOLEPANC~
Documents coded to "EFA; Compensation/Modification"
will often be coded to "EDB; Tolerance" as well. Documents
relating to the Barclay controversy are often coded to "EFA."
COMPONENTS RESEARCH
Code the following document types to "EA: Components
Research" or an appropriate subcategory thereof:
I. Whole smoke analysis:
2. analysis of tobacco leaf or stem;
3. analysis of specific constituent(s); and
4 o
effects of smoke or smoke components on biological
systems.
If a substance that ends up in the particulate phase of
smoke is being identified or measured in tobacco leaf, code
to "EA; Components Research." Do not code to "EAA" unless
the substance is being measured or identified in the smoke.
CONCEPT-PRODUCT TESTING
Whenever you have a concept test or an ad test in
conjunction with product testing, code to "AACB; Concept-
Product" testing.
co~c~ss~oNs
A document written by, cr perhaps quoting, an industry
representative stating that an experlmental model relates to
-9-

a human model or stating that the results are applicable to
humans should be considered a concession, as well as a
confirmation of causation. Concessions are limited to
documents in which an industry representative's opinion or
conclusion is stated.
An advertisement can be an assurance of safety, but not
a concession. An internal document discussing an attempt to
convince people that cigarettes are safe would be an assur-
ance of safety and a concession, because it implies that the
company feels that cigarettes are not safe, but is trying to
persuade people otherwlse. An internal document stating
that cigarettes are safe is probably not a concession, but is
an assurance of safety and should receive a significance of
"i." A concession implies that the company or industry
agrees with the negative claims about cigarettes. An
assurance of safety is positlve with regard to cigarettes.
If such a document concerns biological responses or
conditions that are not diseases and extrapolates results to
the development of disease, code to "MA; Confirmation of
Causation" and "MI: Concessions." An example would be a
company document reporting that smoke exposure produced an
increase in goblet cell production, which might be a model
for the development of bronchitis.
CONF~DENTIA% ~ESEA~CH REPORTS
The "confidential" status of a research report does not
imply failure to publish or suppression of research results.
Internal research reports are confidential or proprietary for
competitive reasons. Research results which show real
breakthroughs in the area of disease causation should
probably have been published: if any such results are found
in a confidential internal report, inquire in the comment
whether the report was published and when appropriate, code
to "MA; Confirmation of Causation" (and add appropriate
comments).
CONFIDENTIALITY AGREEMENTS
Confidentiality agreements between B&W and other
companies or individuals regarding joint research projects
should be coded to "C" and whatever research codes apply. If
the document does not identify the research project involved,
code to "E."
CONFI.~JkT~ON OF CAUSATION
The "MA: Confirmation of Causation" codes are intended
to capture documents suggestlng that research results confirm
or supplement the alleged evldence that smoking causes
-i0-
