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Ness Motley Documents

Master Summary for B&W Subjective Document Review As of March 31, 1989

Date: 31 Mar 1989
Length: 64 pages

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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
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
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
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
Characteristic
no author

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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
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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." -2-
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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. -3-
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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-
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~&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. -5-
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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. -6-
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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-
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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." -8-
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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-
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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-

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