Tobacco Documents Online

e 0 ILL . ;:''AttacYmient Sub.iect: . Regular F. l meeting a +Ah.<..• .r. . R No. 30- INFORriiRTIONAL MEMORANDUM - Augu s t 9, 1960 . Talk on TIRC before Bright Belt ~ ' Virginia' Beach. '',f..+ t . . . . . .. : ;f .. ' . . . Dr. C. C. Littlets speech before a Bangor, Maine, business group and his talk along with that of Dr. Michael Shimkin before a Monroe County, N.':'., Cancer Society meeting. . Release of new TIRC pamphlet "Tobacco and the Health `of a Nation." , .. • _ Various stories picked up from TOBACCO - rl `National Tuberculosis Association announces anti-smoking position. Air PollutionvConference in"Cincinnati highlighted indictment of polluted air as a suspect in lung 'cancer by two prominent physicians connected with U.S. Public Health Service. NEYTS. b . American Cancer Society using new devices, includ- ;`.ing film strip, in anti-smoking campaign i.n schools. .` British study of the "smoker personality." Hill and Knowlton, Inc. Public Relations Counsel 150 East 42nd Street ~; New York 17, New York ` _. ~~. .. , .. ~ ~=:::-'S. ~..'',..~~. .~;..,• . ,~.':t:.•~...'-.,.- . .. .. . ...... .. . .. .. Since the previous report (PR'No. 15-60, April 20) press stories dealing with tobacco and health issues and other developments•con- nected with the industry included the following `l. 'American Heart Association statement on smoking <'''~` =r and Tobacco Industry Research Comrnittee commentt ~ . . . . ... .. . N .~3 . . . .. . . . . . . . _ . .- , ]F -w; ~ r O ® a i L i:a~'wa+Xaii

4:t i;? Since medical fingers have been company. But the key question of effects of smoking and no relaxing at -{~ ~:;~;:. • ~ S i'•... i r `'~'.7 ~ • . , ,/ ~ . ~. :~ V ~, t i~'~.y t ~ `t.l `1 i.lf_r.if ~ ~i ~~•,'~tY . .. ~. ,~ .,.~.~ W . t}~a .,. 1~ . . . ;..~.:, . These Cancer, . Suits Are an Absui•dit ~ `~~ ~ ~-a ,t•,~~, . y Yr,,•.c;yts ~~..:-~, ~~,-~;~} „~~.,;y ~•,~a Z~ =.i .;s . : . , . , .. . .. . _ . . ... . pointed accusingly at cigarettes in whether the company can be held rigid policing of advertising claims. lung cancer cases, there has been a liable, in view of what Is now known But tobacco companies merely pro- amalI stampede of victims toward the or suspected about the relation of vide the products that meet a publie courts, filing damage suits against the cigarettes to cancer, apparently was demand. The decision whether or t tobacco companies for the injuries left unsettled. _". ! ±f not to use these products Is, as it they allegedly suffered beeause they It seems to us that the sooner this smoked the companies' products. The first of these cases that actually "came to trial was thrown out by a Federal judge in May. Another has just been decided In favor of the Is finally and decisively settled in the companies' favor, the.better. We are not pro-cancer, and certainly there ought to be full public disclosure of all that can be learned about the should be, an Individual one for which the individual is and should be responsible. cc marces aoout as much sense ''' <•' t'o let cancer victims sue tobacco j•? compan:es as it would to let alco- holic i s sue d stfllers, or to let l peop e dying of the results Of l tt `\ g u ony sue their grocers. . There's too much of a tendency these days to try to fob off respon- sibility for our individual acts, to ' profiteer in the damage courts, to count insurance companies as fair game. And this is a sickness more pernicious than cancer ; 4 , ,. V `, i;•fN; Cv y

By DENh'IS' BEREND „,':,Tr>'al began in Federal Court today of a $1 SDO,ilo0 damage `stut in which a Miarai widow claimed that Lucky Strike cig- trets gave her husband hmg 'eancer which caused his death: ~~y. ,k ~ ". rs:?he suit a as brought by Mrs Jam Green. 2'P12 SW 17th Ave.. Khose hu; band. Edwin WI•. pres- rident of a contracting firm. died of lung cancer on Feb. 25, 1958. ``Green started the suit a month before his death. Mrs. 4-reen continued i+ ~ The entate of Edwin ' It names the American To- bacco Co.. makers of Lucky Strike cigarets, as defendants. charging that the company fail- ed to warn or safeguard Green . ~3.: r ., ..' -AL i<~ - in tar are known to produce that carcinogens are in the tar. r , cancer in animals• the question that Green was unaware of the whether the substances have the faet, and that the substances ' same effect on the human lung could have and should have r+ has long been~ a point of con- been removedi against "harmful' substances troversy. ; ;~; Green smoked betw 11. w ~ .< A FACTOF.een two : contained in the cigarets: 171 ; and three packages of cigarets ,:.,. ~ F~ ^~*` x~ Nicotine is aot a known car- a day - almost exclusively - In earlier legal action in the cinogen (cancer-prndueer,. Ar- 'Lucky Strike - for about 30 case, the cigaret manufacturer senic may be a factor in help- years. Dr. Hastings said. admitted& that small quantities ing a carcinog_n to produce ean• FIT, SAFE! of tar, nicotine and arsenic are .. Mrs. Green charged the com- cer, chemists have said- contained in cigaret smoke pany with nealigence, breach Dr. Lawrence V. Hastings at of implied warranty, and mis- Al.though substances contained torney for Mrs. Green, charges 'leading advertising. She alleged through the at- torney that the company im- plied in ita ade Lucky Strike cigarets are fit and safe for human consumption. Dr. Hastings said: "Untill manufacturei ~s~ face the fact that carcinogenic sub- stances are present in their r,igarets, they won't begin tn take measures to remove them. "Our case, it is hoped, will force their recognition by point- ing out the mountain of scien- tific evidence against' them," Df. THE NE6q YORK TIMES New York, New YorIc JTUix 19, 19.60 grounds they stated conclu- sions reached in studies in which Dr. Wynder's colleagues did so much of the work he could not have known person, ally of all of it. Miami News I`iicani, Florida July 18, 1960 Jury Set in Cancer Suit MIAMI, Fla., July 18 (UPI)- A Federal court jury was : chosen today to hear a damage suit brought against the Ameri- can Tobacco Company by Mrs. Edwin M. Green, whose husbaitd died of Lung Cancer in 1958. The suit contends the company failed to warn Mr. Green against alieged "harmful sub- atances° in t#re cigarettes. . _ . • , Told S~nol~ers* R~.sk Cancer . By ARTHUR .IOHNSEY `' Green, a contractor who died ~ j The doctor explained w h y ',.~ ~. .. . Herald Slaff wrller 1! ]n 1958, .lIs suing the American ~ much of the~ evidence in The opinion of a lung cancer,', Tobacco Co., contending t h e ~i studies of lung cancer has specialist that a heavy smok- :' compan~ failed to warn of „ been based on statistics. er's risk of lung cancer la 20 " cancer-causing tar in the eig i i ~ Lung cancer rose v e r y times greater than a non-smok- I , arets. er went into the record of a sharply in men and has increas, federal court trial Tuesday. Dr. Wyndbr testified that ed in women. so you looked for A jury was allowed to hear1',there are different types o[, a cause more pre~alent in men this conclusion of Dr. Ernest iilung cancer, some un-related to L• Wynder, head of Sloan Ket- smoking, but that in his opin- than in women." tering Institute Research Cen-' ion smoking was a major cause; Asked about his failure to ter, as one of a series of wit- ~iof one type of the disease. f find cancer on hands yellowed nesses for the plaintiff in, a suit Large portions of the doclor's' by cigaret smoking, Dr. Wyn- resulting from the death of a,prepared statements , were de-Ider said skin tissue has been Miamian from lung cancer. I leted on objections of attorneyl found to have cells more re- David Dyer for the American Tobacco Co~ Federal Judge Emett Choate ruled them inadmissible on ; ceivehis statement that 90 peC . cent of the smoke that is inhai ed stays in the lun>; and is ab- sorbed whereas skin on the fin- gers absorbs little. Statements of another can- sistant to the absorption of chemicals in tobacco tars. The jury was allowed to re- cer expcrt; Dr. Arthur Purd•v, Stout, a New York pathoiogist. were given to the jury,but did not Include his opinion5 about his findings from years of re- search. Doctor-at torney Lawrence V. Hastings' efforts to bolster the plaintiff's evidence with Stout's opinions failed when the judge ruled Stout's work - viewing slides prepared by others-de- pended for its validity upon the work of others about which he could not testify or be cross- examined, Judge Choate there- fore withheld most of Stout's statement from the jury. , ; s.~ THE MIAMI HERALTD Miami, Florida Page 13-A July 20 1960 ,

By DENh'IS' BEREND „,':,Tr>'al began in Federal Court today of a $1 SDO,ilo0 damage `stut in which a Miarai widow claimed that Lucky Strike cig- trets gave her husband hmg 'eancer which caused his death: ~~y. ,k ~ ". rs:?he suit a as brought by Mrs Jam Green. 2'P12 SW 17th Ave.. Khose hu; band. Edwin WI•. pres- rident of a contracting firm. died of lung cancer on Feb. 25, 1958. ``Green started the suit a month before his death. Mrs. 4-reen continued i+ ~ The entate of Edwin ' It names the American To- bacco Co.. makers of Lucky Strike cigarets, as defendants. charging that the company fail- ed to warn or safeguard Green . ~3.: r ., ..' -AL i<~ - in tar are known to produce that carcinogens are in the tar. r , cancer in animals• the question that Green was unaware of the whether the substances have the faet, and that the substances ' same effect on the human lung could have and should have r+ has long been~ a point of con- been removedi against "harmful' substances troversy. ; ;~; Green smoked betw 11. w ~ .< A FACTOF.een two : contained in the cigarets: 171 ; and three packages of cigarets ,:.,. ~ F~ ^~*` x~ Nicotine is aot a known car- a day - almost exclusively - In earlier legal action in the cinogen (cancer-prndueer,. Ar- 'Lucky Strike - for about 30 case, the cigaret manufacturer senic may be a factor in help- years. Dr. Hastings said. admitted& that small quantities ing a carcinog_n to produce ean• FIT, SAFE! of tar, nicotine and arsenic are .. Mrs. Green charged the com- cer, chemists have said- contained in cigaret smoke pany with nealigence, breach Dr. Lawrence V. Hastings at of implied warranty, and mis- Al.though substances contained torney for Mrs. Green, charges 'leading advertising. She alleged through the at- torney that the company im- plied in ita ade Lucky Strike cigarets are fit and safe for human consumption. Dr. Hastings said: "Untill manufacturei ~s~ face the fact that carcinogenic sub- stances are present in their r,igarets, they won't begin tn take measures to remove them. "Our case, it is hoped, will force their recognition by point- ing out the mountain of scien- tific evidence against' them," Df. THE NE6q YORK TIMES New York, New YorIc JTUix 19, 19.60 grounds they stated conclu- sions reached in studies in which Dr. Wynder's colleagues did so much of the work he could not have known person, ally of all of it. Miami News I`iicani, Florida July 18, 1960 Jury Set in Cancer Suit MIAMI, Fla., July 18 (UPI)- A Federal court jury was : chosen today to hear a damage suit brought against the Ameri- can Tobacco Company by Mrs. Edwin M. Green, whose husbaitd died of Lung Cancer in 1958. The suit contends the company failed to warn Mr. Green against alieged "harmful sub- atances° in t#re cigarettes. . _ . • , Told S~nol~ers* R~.sk Cancer . By ARTHUR .IOHNSEY `' Green, a contractor who died ~ j The doctor explained w h y ',.~ ~. .. . Herald Slaff wrller 1! ]n 1958, .lIs suing the American ~ much of the~ evidence in The opinion of a lung cancer,', Tobacco Co., contending t h e ~i studies of lung cancer has specialist that a heavy smok- :' compan~ failed to warn of „ been based on statistics. er's risk of lung cancer la 20 " cancer-causing tar in the eig i i ~ Lung cancer rose v e r y times greater than a non-smok- I , arets. er went into the record of a sharply in men and has increas, federal court trial Tuesday. Dr. Wyndbr testified that ed in women. so you looked for A jury was allowed to hear1',there are different types o[, a cause more pre~alent in men this conclusion of Dr. Ernest iilung cancer, some un-related to L• Wynder, head of Sloan Ket- smoking, but that in his opin- than in women." tering Institute Research Cen-' ion smoking was a major cause; Asked about his failure to ter, as one of a series of wit- ~iof one type of the disease. f find cancer on hands yellowed nesses for the plaintiff in, a suit Large portions of the doclor's' by cigaret smoking, Dr. Wyn- resulting from the death of a,prepared statements , were de-Ider said skin tissue has been Miamian from lung cancer. I leted on objections of attorneyl found to have cells more re- David Dyer for the American Tobacco Co~ Federal Judge Emett Choate ruled them inadmissible on ; ceivehis statement that 90 peC . cent of the smoke that is inhai ed stays in the lun>; and is ab- sorbed whereas skin on the fin- gers absorbs little. Statements of another can- sistant to the absorption of chemicals in tobacco tars. The jury was allowed to re- cer expcrt; Dr. Arthur Purd•v, Stout, a New York pathoiogist. were given to the jury,but did not Include his opinion5 about his findings from years of re- search. Doctor-at torney Lawrence V. Hastings' efforts to bolster the plaintiff's evidence with Stout's opinions failed when the judge ruled Stout's work - viewing slides prepared by others-de- pended for its validity upon the work of others about which he could not testify or be cross- examined, Judge Choate there- fore withheld most of Stout's statement from the jury. , ; s.~ THE MIAMI HERALTD Miami, Florida Page 13-A July 20 1960 ,

By DENh'IS' BEREND „,':,Tr>'al began in Federal Court today of a $1 SDO,ilo0 damage `stut in which a Miarai widow claimed that Lucky Strike cig- trets gave her husband hmg 'eancer which caused his death: ~~y. ,k ~ ". rs:?he suit a as brought by Mrs Jam Green. 2'P12 SW 17th Ave.. Khose hu; band. Edwin WI•. pres- rident of a contracting firm. died of lung cancer on Feb. 25, 1958. ``Green started the suit a month before his death. Mrs. 4-reen continued i+ ~ The entate of Edwin ' It names the American To- bacco Co.. makers of Lucky Strike cigarets, as defendants. charging that the company fail- ed to warn or safeguard Green . ~3.: r ., ..' -AL i<~ - in tar are known to produce that carcinogens are in the tar. r , cancer in animals• the question that Green was unaware of the whether the substances have the faet, and that the substances ' same effect on the human lung could have and should have r+ has long been~ a point of con- been removedi against "harmful' substances troversy. ; ;~; Green smoked betw 11. w ~ .< A FACTOF.een two : contained in the cigarets: 171 ; and three packages of cigarets ,:.,. ~ F~ ^~*` x~ Nicotine is aot a known car- a day - almost exclusively - In earlier legal action in the cinogen (cancer-prndueer,. Ar- 'Lucky Strike - for about 30 case, the cigaret manufacturer senic may be a factor in help- years. Dr. Hastings said. admitted& that small quantities ing a carcinog_n to produce ean• FIT, SAFE! of tar, nicotine and arsenic are .. Mrs. Green charged the com- cer, chemists have said- contained in cigaret smoke pany with nealigence, breach Dr. Lawrence V. Hastings at of implied warranty, and mis- Al.though substances contained torney for Mrs. Green, charges 'leading advertising. She alleged through the at- torney that the company im- plied in ita ade Lucky Strike cigarets are fit and safe for human consumption. Dr. Hastings said: "Untill manufacturei ~s~ face the fact that carcinogenic sub- stances are present in their r,igarets, they won't begin tn take measures to remove them. "Our case, it is hoped, will force their recognition by point- ing out the mountain of scien- tific evidence against' them," Df. THE NE6q YORK TIMES New York, New YorIc JTUix 19, 19.60 grounds they stated conclu- sions reached in studies in which Dr. Wynder's colleagues did so much of the work he could not have known person, ally of all of it. Miami News I`iicani, Florida July 18, 1960 Jury Set in Cancer Suit MIAMI, Fla., July 18 (UPI)- A Federal court jury was : chosen today to hear a damage suit brought against the Ameri- can Tobacco Company by Mrs. Edwin M. Green, whose husbaitd died of Lung Cancer in 1958. The suit contends the company failed to warn Mr. Green against alieged "harmful sub- atances° in t#re cigarettes. . _ . • , Told S~nol~ers* R~.sk Cancer . By ARTHUR .IOHNSEY `' Green, a contractor who died ~ j The doctor explained w h y ',.~ ~. .. . Herald Slaff wrller 1! ]n 1958, .lIs suing the American ~ much of the~ evidence in The opinion of a lung cancer,', Tobacco Co., contending t h e ~i studies of lung cancer has specialist that a heavy smok- :' compan~ failed to warn of „ been based on statistics. er's risk of lung cancer la 20 " cancer-causing tar in the eig i i ~ Lung cancer rose v e r y times greater than a non-smok- I , arets. er went into the record of a sharply in men and has increas, federal court trial Tuesday. Dr. Wyndbr testified that ed in women. so you looked for A jury was allowed to hear1',there are different types o[, a cause more pre~alent in men this conclusion of Dr. Ernest iilung cancer, some un-related to L• Wynder, head of Sloan Ket- smoking, but that in his opin- than in women." tering Institute Research Cen-' ion smoking was a major cause; Asked about his failure to ter, as one of a series of wit- ~iof one type of the disease. f find cancer on hands yellowed nesses for the plaintiff in, a suit Large portions of the doclor's' by cigaret smoking, Dr. Wyn- resulting from the death of a,prepared statements , were de-Ider said skin tissue has been Miamian from lung cancer. I leted on objections of attorneyl found to have cells more re- David Dyer for the American Tobacco Co~ Federal Judge Emett Choate ruled them inadmissible on ; ceivehis statement that 90 peC . cent of the smoke that is inhai ed stays in the lun>; and is ab- sorbed whereas skin on the fin- gers absorbs little. Statements of another can- sistant to the absorption of chemicals in tobacco tars. The jury was allowed to re- cer expcrt; Dr. Arthur Purd•v, Stout, a New York pathoiogist. were given to the jury,but did not Include his opinion5 about his findings from years of re- search. Doctor-at torney Lawrence V. Hastings' efforts to bolster the plaintiff's evidence with Stout's opinions failed when the judge ruled Stout's work - viewing slides prepared by others-de- pended for its validity upon the work of others about which he could not testify or be cross- examined, Judge Choate there- fore withheld most of Stout's statement from the jury. , ; s.~ THE MIAMI HERALTD Miami, Florida Page 13-A July 20 1960 ,

By ARTHUR JOHNSEY HeraW S1att Wtaea , `"A ` surgeon who operated on Eontractor Edwin M. Green tex- - tified Wednesday he believes the lung cancer that caused - Green's death was "due to his heavy smoking." ~: Dr. DeWitt C. Daughtry gave' ; a federal court jury the •first -testimony directly linking to- ,i.bacco smoking with the Coco- nut Grove man's death in.1958. ;Dr. Daughtry, assistant pro- fessor of 9urgery at the Uni- versity of Miami medical sthool, took the stand as a witness for Green's estate in its damage suit' against the -'Ameticah Tobacco Co ~ Thittd th e su conense com- ., pany failed to warn Green its cigarets contained t a r s perhaps injurious to his health. Other witnesses had testified . the contractor smoked Lucky Strike cigarets, a product of " 'Arnerican Tobacco, regularly for 30 years and only occasion- ally smoked other brands. ; ,-- The surgeon testified that "epidermoid cancer," due to smoking, was the cause of fact, Dr. Daughtry told F: the jury, he could not' recall a single case of this particular type of cancer in his experience T • ~. J. ., .? ! ! !n{; ~ •. 11E MJ..C31•1I n r'RALD ;; :Miami, Florida 2-B r July ~1, 1960 QAM1 that occurred "without a his- tory of smoku~g On cross examination Dr. Daughtry acknowledged that acientiets do not know what happens in the lung cells to - produce epidermoid cancer. He also adniitted that the medical record In Green's case disclosed another sympton -- a difficulty of getting his food down for two years before he in a deposition ready l~ law• died. If- yers for the estate of a man Dr. Richard Overholt, Boston !chest surgeon, testified after reading the Green medical his- tory that hb believed smoking had some relation'to his death. "If this man had not smoked he would not have died of lang cancer at the time," he said, ` t' 4~A Il tobacco company's top of- ficial has been smoking "B0 to 80 cigarets a day for more than 40 years" and he hasn't gotten the •nicotine habit yet, ,, . a Federal Court jury was told Thursday. «: The statement was made by <• John A. Crowe, American To- bacco Co. senior vice president, ; ;>who charged that the firm's -; cigarets gave him lung cancer. ; Tae attorneys for Edwin M. Green, Mlami contractor who died In 1958, were sound- fng Crowe out on his o w n . : smoking habits. and added "we don't know ,; "' about the future: Ever g i v e up smoking? ~ they asked him. ' "No." Choate also directed dismis- sal of charges the company violated a specific warranty that its product was safe, or that it had violated the U:S. Food, Drug and Cosmetics Act. _. His directed verdict that a part of the complaint be dis- missed came at the end of the plaintiff's testimony. Left in the complaint are allegations that American To- bacco is liable for damages based on negligence and viola- tion of ar- implied warranty that the cigarets are safe. A federal judge Monday threw out some of the claims on which the late Edwin M- `1 Green's estate is aaking dam• ages from a cigaret manufac- turer turer because of his death froai The implied warranty te the ~ lung cancer. = type of assurance that grows Judge Emett' Choate directed out of the company's offerirg ~` the dismissal of the action in- of its product on the market. [~ sofar as it is based on charges the defendant, American Tobucr Attorneys for Green's estate ~, co Co., misrepresented its have offered witnesses in an ~ cigarets. attempt to prove the company ~, was negligent in failing to re- The estate of Green, a Co- move tars and minute traces ~ conut Grove contractor, Is of arsenic they contend were attempting to prove his lung harmfuL ~ cancer was brought on by Testimony for the defense ia ~ heavy smoking for 32 years. , scheduled'to begin today. . Miami, Florida 5~ - July 26, 1g6o "Ever attempt to give smoking?" Then they asked him sev-• eral times it he thought the nIc• ' otine In cigarets are habit • forming. Crowe testifed the nicotine "hasn't affected e" v e though he has been smoking _~ . three to four packs a day for more than 40 years. ,J, The attorneys also question- `. ed Crowe closely on what ~~ American Tobacco has done In researching cancer and heart 4 disease tie-ups with smoking. ~~ Crowe called the f I e I d "health" problems and said his firm had joined the Tobacco Industry Research Committee, : but he said he was vague on _ specificactivities. American Tobacco has a re- search director, he said. Crowe himself is in charge of research but he tesified that' he is the money man with underlings do- ing the work. Judge Emett Choate told the jury - 11 smokers, one ab- stainer = t h e trial was re cessed until Monday. The court has criminal andd bankruptcy t: T issues today. '~a

By ARTHUR JOHNSEY HeraW S1att Wtaea , `"A ` surgeon who operated on Eontractor Edwin M. Green tex- - tified Wednesday he believes the lung cancer that caused - Green's death was "due to his heavy smoking." ~: Dr. DeWitt C. Daughtry gave' ; a federal court jury the •first -testimony directly linking to- ,i.bacco smoking with the Coco- nut Grove man's death in.1958. ;Dr. Daughtry, assistant pro- fessor of 9urgery at the Uni- versity of Miami medical sthool, took the stand as a witness for Green's estate in its damage suit' against the -'Ameticah Tobacco Co ~ Thittd th e su conense com- ., pany failed to warn Green its cigarets contained t a r s perhaps injurious to his health. Other witnesses had testified . the contractor smoked Lucky Strike cigarets, a product of " 'Arnerican Tobacco, regularly for 30 years and only occasion- ally smoked other brands. ; ,-- The surgeon testified that "epidermoid cancer," due to smoking, was the cause of fact, Dr. Daughtry told F: the jury, he could not' recall a single case of this particular type of cancer in his experience T • ~. J. ., .? ! ! !n{; ~ •. 11E MJ..C31•1I n r'RALD ;; :Miami, Florida 2-B r July ~1, 1960 QAM1 that occurred "without a his- tory of smoku~g On cross examination Dr. Daughtry acknowledged that acientiets do not know what happens in the lung cells to - produce epidermoid cancer. He also adniitted that the medical record In Green's case disclosed another sympton -- a difficulty of getting his food down for two years before he in a deposition ready l~ law• died. If- yers for the estate of a man Dr. Richard Overholt, Boston !chest surgeon, testified after reading the Green medical his- tory that hb believed smoking had some relation'to his death. "If this man had not smoked he would not have died of lang cancer at the time," he said, ` t' 4~A Il tobacco company's top of- ficial has been smoking "B0 to 80 cigarets a day for more than 40 years" and he hasn't gotten the •nicotine habit yet, ,, . a Federal Court jury was told Thursday. «: The statement was made by <• John A. Crowe, American To- bacco Co. senior vice president, ; ;>who charged that the firm's -; cigarets gave him lung cancer. ; Tae attorneys for Edwin M. Green, Mlami contractor who died In 1958, were sound- fng Crowe out on his o w n . : smoking habits. and added "we don't know ,; "' about the future: Ever g i v e up smoking? ~ they asked him. ' "No." Choate also directed dismis- sal of charges the company violated a specific warranty that its product was safe, or that it had violated the U:S. Food, Drug and Cosmetics Act. _. His directed verdict that a part of the complaint be dis- missed came at the end of the plaintiff's testimony. Left in the complaint are allegations that American To- bacco is liable for damages based on negligence and viola- tion of ar- implied warranty that the cigarets are safe. A federal judge Monday threw out some of the claims on which the late Edwin M- `1 Green's estate is aaking dam• ages from a cigaret manufac- turer turer because of his death froai The implied warranty te the ~ lung cancer. = type of assurance that grows Judge Emett' Choate directed out of the company's offerirg ~` the dismissal of the action in- of its product on the market. [~ sofar as it is based on charges the defendant, American Tobucr Attorneys for Green's estate ~, co Co., misrepresented its have offered witnesses in an ~ cigarets. attempt to prove the company ~, was negligent in failing to re- The estate of Green, a Co- move tars and minute traces ~ conut Grove contractor, Is of arsenic they contend were attempting to prove his lung harmfuL ~ cancer was brought on by Testimony for the defense ia ~ heavy smoking for 32 years. , scheduled'to begin today. . Miami, Florida 5~ - July 26, 1g6o "Ever attempt to give smoking?" Then they asked him sev-• eral times it he thought the nIc• ' otine In cigarets are habit • forming. Crowe testifed the nicotine "hasn't affected e" v e though he has been smoking _~ . three to four packs a day for more than 40 years. ,J, The attorneys also question- `. ed Crowe closely on what ~~ American Tobacco has done In researching cancer and heart 4 disease tie-ups with smoking. ~~ Crowe called the f I e I d "health" problems and said his firm had joined the Tobacco Industry Research Committee, : but he said he was vague on _ specificactivities. American Tobacco has a re- search director, he said. Crowe himself is in charge of research but he tesified that' he is the money man with underlings do- ing the work. Judge Emett Choate told the jury - 11 smokers, one ab- stainer = t h e trial was re cessed until Monday. The court has criminal andd bankruptcy t: T issues today. '~a

By ARTHUR JOHNSEY HeraW S1att Wtaea , `"A ` surgeon who operated on Eontractor Edwin M. Green tex- - tified Wednesday he believes the lung cancer that caused - Green's death was "due to his heavy smoking." ~: Dr. DeWitt C. Daughtry gave' ; a federal court jury the •first -testimony directly linking to- ,i.bacco smoking with the Coco- nut Grove man's death in.1958. ;Dr. Daughtry, assistant pro- fessor of 9urgery at the Uni- versity of Miami medical sthool, took the stand as a witness for Green's estate in its damage suit' against the -'Ameticah Tobacco Co ~ Thittd th e su conense com- ., pany failed to warn Green its cigarets contained t a r s perhaps injurious to his health. Other witnesses had testified . the contractor smoked Lucky Strike cigarets, a product of " 'Arnerican Tobacco, regularly for 30 years and only occasion- ally smoked other brands. ; ,-- The surgeon testified that "epidermoid cancer," due to smoking, was the cause of fact, Dr. Daughtry told F: the jury, he could not' recall a single case of this particular type of cancer in his experience T • ~. J. ., .? ! ! !n{; ~ •. 11E MJ..C31•1I n r'RALD ;; :Miami, Florida 2-B r July ~1, 1960 QAM1 that occurred "without a his- tory of smoku~g On cross examination Dr. Daughtry acknowledged that acientiets do not know what happens in the lung cells to - produce epidermoid cancer. He also adniitted that the medical record In Green's case disclosed another sympton -- a difficulty of getting his food down for two years before he in a deposition ready l~ law• died. If- yers for the estate of a man Dr. Richard Overholt, Boston !chest surgeon, testified after reading the Green medical his- tory that hb believed smoking had some relation'to his death. "If this man had not smoked he would not have died of lang cancer at the time," he said, ` t' 4~A Il tobacco company's top of- ficial has been smoking "B0 to 80 cigarets a day for more than 40 years" and he hasn't gotten the •nicotine habit yet, ,, . a Federal Court jury was told Thursday. «: The statement was made by <• John A. Crowe, American To- bacco Co. senior vice president, ; ;>who charged that the firm's -; cigarets gave him lung cancer. ; Tae attorneys for Edwin M. Green, Mlami contractor who died In 1958, were sound- fng Crowe out on his o w n . : smoking habits. and added "we don't know ,; "' about the future: Ever g i v e up smoking? ~ they asked him. ' "No." Choate also directed dismis- sal of charges the company violated a specific warranty that its product was safe, or that it had violated the U:S. Food, Drug and Cosmetics Act. _. His directed verdict that a part of the complaint be dis- missed came at the end of the plaintiff's testimony. Left in the complaint are allegations that American To- bacco is liable for damages based on negligence and viola- tion of ar- implied warranty that the cigarets are safe. A federal judge Monday threw out some of the claims on which the late Edwin M- `1 Green's estate is aaking dam• ages from a cigaret manufac- turer turer because of his death froai The implied warranty te the ~ lung cancer. = type of assurance that grows Judge Emett' Choate directed out of the company's offerirg ~` the dismissal of the action in- of its product on the market. [~ sofar as it is based on charges the defendant, American Tobucr Attorneys for Green's estate ~, co Co., misrepresented its have offered witnesses in an ~ cigarets. attempt to prove the company ~, was negligent in failing to re- The estate of Green, a Co- move tars and minute traces ~ conut Grove contractor, Is of arsenic they contend were attempting to prove his lung harmfuL ~ cancer was brought on by Testimony for the defense ia ~ heavy smoking for 32 years. , scheduled'to begin today. . Miami, Florida 5~ - July 26, 1g6o "Ever attempt to give smoking?" Then they asked him sev-• eral times it he thought the nIc• ' otine In cigarets are habit • forming. Crowe testifed the nicotine "hasn't affected e" v e though he has been smoking _~ . three to four packs a day for more than 40 years. ,J, The attorneys also question- `. ed Crowe closely on what ~~ American Tobacco has done In researching cancer and heart 4 disease tie-ups with smoking. ~~ Crowe called the f I e I d "health" problems and said his firm had joined the Tobacco Industry Research Committee, : but he said he was vague on _ specificactivities. American Tobacco has a re- search director, he said. Crowe himself is in charge of research but he tesified that' he is the money man with underlings do- ing the work. Judge Emett Choate told the jury - 11 smokers, one ab- stainer = t h e trial was re cessed until Monday. The court has criminal andd bankruptcy t: T issues today. '~a

By ARTHUR JOHNSEY Herald Staff Wribr The conflict of expert med'- cal testimony over causes of lung cancer began Tuesday in Miami federal • court:as. -t-h e .:,r. American - Tobacco Company; defendant In a damage suit, offered its first witnesses. w~':'.A University of Florida phar- macologist, Dr. Thomas Marenj told the jury that retention of arsenic in the body, when in- troduced in the blood stream =;ln far larger doses than comes "in through the smoke-stream of a cigarets is "trivial " And a practicing Miami phy- sician took the stand to af- 8rm that nobody knows the causes of cancer. ,.. a As. witnesses called by the defendant tobacco company, their testimony tended to con- tradict a aeries -of witnesses ffd b thttf th oereye esae oe '; late Edwin M. Green, Coconut !.Grove swimming pool contrac- tor. {r? , Careen's estate is attempting .:to prove heavy smoking of cig- ,.arets over more than 25 years caused his lung cancer. ~-°Before' ftitnpleting its case Monday, the plaintiff had of- fered medical testimony that even the minute traces of ar- senic found In the smoke= `. atream could accumulate In a `' period of 30 years or more to affect the lungs. 'The plaintiff contended ar- senic could be a factor, acting with other substances in ciga- ret tars, to cause cancer. ' Dr. Maren.said, however, that k x v.'.±k }~ n arsenic accumulates over the of origin of the cancer that years in the body in very small caused Edwin Green's death, places and In very small testifyingat withouf an au ..- amouqts so that its effect is negligible. ,; topsy it was not possible to de• y , . , a ,ti~ ~ ~ ~'; termine whether a growth in "Virtuafly all arsenic is ex- the apex of his IPft lung I creted by the kidneys a n d spread to the right side of the there Is little or no evidence neck as hart been indicated in of cumulation," he said. 4 earlier testimony. Dr. Flipse There was "not the slightest testified it ~+as "extremely un. evidence," he added, that Green usual" it the cancer spread as described. had arsenic poisoning before his Defense testimony was ex- death. pected to continue through The Green's attorney pro- Thursday. tested the witness' answer, pointing out that there was no contention that poisoning from arsenic had occurred. Asked on crcss-examination whether arsenic hasn't been "in- criminated" as a factor in icausing cancer, Dr. Maren re- ,torte¢: "It's been implied - chief- ly by one man who had no proof." Dr. Jay Flipse, a practicing Miami physir.ian, told the jury causes of Iung cancer aren't known by any one. He cast doubt on the place wr' :.Fl:. eories By ARTHUR JOH\ 5EY Herald Staff WrBtr, : A federal court jury heard -further m e d i c a 1 testimony Wednesday casting doubt on theories that heavy cigaret smoking is a cause of lung can cer. . ITf/ A Texas scientist testified he and his associates have tried for several years to produce cancer by use of tobacco tars In the lung of a duck but no cancer has been produced. ~~- Dr. R. H. Rigdon, staff inern- ber of the University of Texas M1, at Galveston, took the stand as a witness for the American Tobacco Co. , ~ , .. The company is defending it- self in a damage suit based on claims thatlung cancer caused by heavy smoking of Lucky Strike cigarets brought on the death of Edwiir M..Green. On cross-examination Dr. Rigdon said his research in part had been financed by funds made available to the Univer- sity of Texas by the American Tobacco Institute . Another witness cast doubt on the statements of witnesses for the Edwin M. Green estate, plaintiffs in the damage suit, that the •cancer that caused his death originated in the lung. Dr. Duane Carr, of the Uni- versity of Tennessee Medical School, Memphis, said he'd never seen a cancer in the left upper lobR spread to the spot on the right side, below the neck, where Green's fatal, can- cerlodged.

By ARTHUR JOHNSEY Narald Staff Wribr The conflict uf expert medi- cal testimony over causes of lung cancer began Tuesday in 4 ', t'R, Miami federal court::as. -t-h e .:,r. American - Tobacco Company; defendant In a damage suit, offered its first witnesses. w~`:'.A University of Florida phar- macologist, Dr. Thomas Marenj , told the jury that retention of arsenic in the body, when in- troduced in the blood stream ;in far larger doses than comes "in through the smoke-stream of a cigaret's is "trivial " And a practicing Miami phy- sician took the stand to af- 8rm that nobody knows the causes of cancer. As: witnesses called by the ' defendant tobacco company, their testimony tended to con- }`tradict a series -of witnesses offered by the estate of the late Edwin M. Green, Coconut !.Grove swimming pool contrac- tor. : {r-? , Careen's estate is attempting ::to prove heavy smoking of cig- arets over more than 25 years caused his lung cancer. ~-°Before' ~otnpleting 'Its case Monday, the plaintiff had of- fered fered medical testimony that ': even the minute traces of ar- ': senic found In the smoke= `. atream could accumulate In a `' period of 30 years or more to affect the lungs. 'The plaintiff contended ar- senic could be a factor, acting with other substances in ciga- ret tars, to cause cancer. 1 Dr. Maren.said, however, that }~} }i arsenic accumulates over the,of years in the body in very small places and In very small lamouqts so that its effect is Inegligible. , ._ "Virtuafly all arsenic is ex- I creted by the kidneys a n d there Is little or no evidence of cumulation," he said. ~ There was "not the slightest evidence." he added, that Green had arsenic poisoning before his Ideath. The Green's attorney pro- tested the witness' answer, pointing out that there was no contention that poisoning from arsenic had occurred. Asked on crcss-examination whether arsenic hasn't been "in- criminated" as a factor in icausing cancer„ Dr. Maren re- ,torte¢: "It's been implied - chief- ly by one man who had no proof." Dr. Jay Flipse, a practicing 1liiami' physir.ian, told the jury causes of Iung cancer aren't known by any one. I He cast doubt on the place caused Edwin Green's death, testifying , at without an au- topsy it was not possible to de- termine whether a growth in the apex of his lPft lung spread to the right, side of the neck as hari been indicated inn earlier testimony. Dr. Flipse testified it' ~+as "extremely un. usual" it the cancer spread as described. ., °r,a 'r ;:: :f Defense testimony was ex- pected to continue through Thursday. TfE MIAMI HERAI~ Miami, Florida July 27, 1960 TFiE MIAMI HER.ALD Miami,Flvrida 20-A July 28, 1960 By ARTHUR JOHN SEY + , . Narald Staff Writtr A federal court jury heard -further m e d i c a 1 testimony Wednesday casting doubt' on theories that heavy cigaret smoking is a cause of lung can- cer: y' A Texas scientist testified he r' and his associates have tried' for several years to produce cancer by use of tobacco tars In the lung of a duck but no cancer has been produced. a Dr. R. H. Rigdon, staff inem- ?i ~ ber of the University of Texas M1, at Galveston, took the stand ,. .:- as a witness for the American Tobacco Co. .- , , . ~ .. The company is defending it- self in a damage suit based on claims that'lung cancer caused by heavy smoking of Lucky Strike cigarets brought on the death of Edwiir M..Green. On cross-examination Dr. Rigdon said his research in part had been financed by funds made available to the Univer- sity of Texas by the American Tobacco Institute. , Another witness cast doubt on the statements of witnesses for the Edwin M. Green estate, plaintiffs in the damage suit, that the •cancer that caused his death originated in the lung. Dr. Duane Carr, of the Uni- versity of Tennessee Medical School, Memphis, said he'd never seen a cancer in the left upper lobR spread to the spot on the right side, below the neck, where Green's fatal, can- ~ cerlodged. ,