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) ) I ) f 0 ) y PAUL, WEISS. RIFKIND, WHARTON & GARRISON 5 PARK AVEN'UE NEW YORK, . -.9pMOIIC 1=1=1 W.R000 TRtCORIfR. tt/il.{AN2pl TiLti IMI I2-ml aR ..La.a CARLC LONOMOMT..N. ¢ NEW YORK 10154 RANOOLAI a RAYL I7RAL1yR1. LOUIS S. Mep flot!•IRq JoNN r. 11IMARTON nq7•tsrn. LLOYOR. SARRIRON MO"ARO A. RITL CouNRn 17 11 MARRACN{R1TRAVEN1/6 N.1I. NARNwOTON. 0.. C. tOORR TO.[pNON[ ttOtm a3}tORo CARLL LONORIOMT. MAIIRNOTON WRtTi/Pf OIRtCT 0/ALNYMRtR a .LACE VsN00M( T1100/ RARIR, IRANC[ T[LdMONt JR1..1. aR T[LLR 213449F CAK[: LONORqMT. IARIR Matthew L. Myers, Esq. Division of Advertising Practices Bureau of Consumer Protection Federal Trade Commission Washington, D. C. 20580 MoRINR a ARRAM NiAL( IL ALR[RT MARR M.ILCOTT MANR A. "LIi11CR ALLAN RLyMRTtIN R/CMARO a ROR1fOIR JOMN /. RRcOLIO OA VIOC. oROOMCAO JOatRM't. MOwov CAMERpN CLARa[ LO"ARO N. CORTNCYAN AORUN 1M. O(1f/N0 RICHARD A. ENOELMAN •[nR L /CLCNfR O[0R09 P. F[LLLMAN RlRNARO RINR[LRTSIN MAi OITTER RfRNA/lOm. OR9qRT. JAY 6119<NII93.0 -TER R. NAJa ALR6RT P.:NANO R9YMOYR M<RTZ JOR[RN.a li[NAN ARTMYR RALIlM . L[MN{ A. RAILAN ANTMONY a RYRLRt J[ROMR R{rRTT RORiRT y. LAYKR wALTSR L. L[INMAROT JAM(R a LEw/s. 'MtNid .AwN.qrr.. RAN ONUT. July 16, 1981 ARTMYR.L LIMAN MARTIN LONOON RATLUSS MANNIMs JONNY MA>R[NaALE JONN/.MCtNRO[ RORCRT R. MONTOOMCRY. JR. OONAL01 MOORt PAUL - NLMLON MATTNaw NIMtTZ REVN. J. 01/01I6N JONN J. O?/L/L JAMq L, wRC9Lu LEOMAR9 V. OWOLLY fIMON K R1ININO STUART ROR1NO./ITs MORO<CAl ROCMLIN RIONIT a ROfORITCNtR fTLVEN a ROStN.clO •KaR J.' ROTNAIi/ReR6 [#N[RT RYR6NfTLIN TN[O00R9 C.fOR[NfEN. OERALD a fTERN JOMN C. TAYLOR. 3M ALLLN L TMOMA! JY017N R. T'NOT<R JAY TOt41; JOlt t TRIAs OLVIO T. wASMRYRNAL/RCO Q YOUNavqOO NORMAN T9uNRO Dear Mr. Myers: The purpose of this letter is briefly to summarize the presentation made to members of the Commission staff on behalf of Brown & Williamson Tobacco Company ("B&W") on July 9, 1981. For the reasons stated in this letter, B&W strongly urges the rejection of R. J. Reynolds' proposal to substitute the Filtrona holder for the Cambridge holder cur- rently used in the Commission's staff cigarette testing laboratory. R. J. Reynolds' prime contention is that BARCLAY tastes too good to be a 1 mg. "tar" cigarette, as the current F.T.C. test methodology has determined it to be. Therefore, argues Reynolds, there must be something wrong with the current testing procedures. R. J. Reynolds speculates that the explanation for BARCLAY's enhanced taste is that its

3 ., ti ) ) ) ) ! l I Matthew L. Myers. Esq. 2 filter "collapses" when smoked by people, increasing its "tar" delivery. R. J. Reynolds claims that the Filtrona holder, which exerts much more pressure than the Cambridge holder and therefore measures BARCLAY's "tar" delivery at 4 to 5 mg., should be adopted by the Commission in place of the Cambridge holder. It is important to note that R. J. Reynolds has offered no direct evidence that the BARCLAY filter collapses, or is in any way adversely affected, when smoked by human beings, or that the Filtrona holder approximates the pres- sure exerted by human lips. Instead, R. J. Reynolds has con- structed an argument based entirely on three propositions: 1. Smokers perceive BARCLAY to have a richer taste than other 1 mg. "tar" cigarettes. 2. When the Filtrona holder is used on a BARCLAY, the filter collapses and "tar" delivery is increased. 3. Smokers must be crushing the BARCLAY filter, thus making it into a higher delivery cigarette. From these three propositions, R. J. Reynolds con- cludes that the Filtrona holder should be substituted in the FTC machine. While B&W agrees with the first two of the above contentions, we submit that the third proposition in no way follows logically from them, has not been supported by any evidence submitted by R. J. Reynolds, and is, in fact, utterly disproved by the evidence presented by B&W. Our evidence, we submit, shows conclusively that the

Matthew L. Myers, Esq. 3 I ) ) 0 ) unique design of the BARCLAY filter enables it to deliver more taste with less "tar": that the BARCLAY filter does not collapse in normal human smoking; that the Cambridge holder currently used by the FTC closely approximates the lip pressure exerted by actual smokers; and that the Filtrona holder, by artificially crushing the BARCLAY filter, produces seriously distorted results. BARCLAY Delivers Heightened Taste Perceptions With 1 mg. "Tar" Because Its Filter Is Unique The unique aerodynamic qualities of the BARCLAY filter enable it-to deliver much more taste than other ultra- low "tar" cigarettes from the same amount of smoke. As Lance Reynolds described, the key feature of the BARCLAY filter, which is completely unlike other filters, is that it delivers air, unmixed with smoke, directly to the smoker's mouth through four impermeable horizontal filter grooves. 'SMOKE r I Figure 1

I • ) 3 ) ! 0 I i Matthew L. Myers, Esq. 4 This unique structure of the BARCLAY filter prevents the dilution of the smoke within the body of the filter, and causes the smoke stream and ventilating air to mix in the mouth with a swirling effect which produces the sensation of a "mouthful of smoke" and enhanced taste. Our film and still photographs both demonstrate the marked contrast between the swirling dispersion of smoke produced by the BARCLAY filter and the thin pencil-stream of smoke produced by conventional ultra-low "tar" cigarettes -- like NOW and CARLTON -- which dilute the smoke within the filter itself and produce a relatively weak taste. The horizontal grooves of the BARCLAY filter also enable the ventilating air to travel with reduced air resis- tance, producing an easier draw. When the holes which let air into the grooves are taped closed, the draw resistance increases four-fold. The BARCLAY Filter Does Not Collapse That BARCLAY's rich taste is the result of this swirling effect, and not "filter•collapse", is shown by an experiment conducted by Lance Reynolds. Panelists were asked to rate the strength of BARCLAY, CARLTON and NOW, both "as is" ~

) ! ) 0 Matthew L. Myers, Esq. 5 and when fitted with rigid plastic sleeves which made it impossible to collapse the filters or cover up the ends of the grooves. Not only did BARCLAY receive the highest rating, both with and without the plastic sleeve, but the two ratings for BARCLAY were very close to each other. consu..r raa.l stsso4tA satis4s (seals of 1 to !) wita ?lastic sl.... As Ss 1AACLA= (1 srj.) 6.0 t.s fev (2 siy.) 2.3 1.! Carltoa (1 My.) 1.! 2.6 Figure 2 j I 4 on the basis of this test, it is clear that BARCLAY's rich taste cannot be explained by R. J. Reynolds' theory of filter collapse. The Cambridge Holder is More Accurate than the Filtrona Bolder in Reproducing the Pressure Applied by Human Smokers Research conducted by Dr. Roger Kamm, of the Massa- chusetts Institute of Technology, also refutes R. J. Reynolds'

Matthew L. Myers, Esq. 6 1 speculation that the Filtrona holder more closely approximates ~ human smoking than the Cambridge holder. Dr. Kamm developed a series of tests to measure the actual pressure applied to a cigarette filter by (1) human smokers under normal smoking ~ conditions, and (2) three filter holders: the current FTC Cambridge holder, the Borgwaldt holder and the Filtrona holder. The apparatus developed by Dr. Ramm, for which a patent appli- ~ cation has been filed, is shown below. Scbsstic of Pr.ssnr. Test Apparatus Signoi conditioner >'-- To o:ciUoscope Pressure Low nase tronsducer amplifier Cigarette with mounted test probe W Figure 3 j

Matthew L. Myers, Esq. 7 I ) I Dr. Ramm found that the pressure exerted by the Filtrona holder on a cigarette filter is nearly 15 times as great as the average pressure exerted by human lips under normal smoking conditions. In contrast, the Cambridge holder exerts only 1.4 times as much pressure as human smokers. seo 40 f .oo 6 ) I 300 so y l3p PrssWre R1f4r Holdsr 1ior.+n1 Sw.idng Prcssvrs I Figure 4

Matthew L. Myers, Esq. 8 t ) .) ) 1 0 The average human lip pressure was 34 torr. In response to a question from the staff, Dr. Ramm stated that the single highest lip pressure recorded was 100 torr, one- fifth the pressure applied by the Filtrona. In light of Dr. Kamm's findings, it is not surpris- ing that R. J. Reynolds found that the "tar" delivery of BARCLAY cigarettes is greater when tested in the Filtrona holder-than in the current FTC holder. The Filtrona holder exerts such extreme and unusual pressure that the horizontal filter grooves of the BARCLAY filter are crushed, interfer- ing with normal smoke dilution. While it is impossible for any filter holder to reproduce human smoking precisely, it is clear that the current FTC holder closely approximates the pressure exerted by human Y ) smokers, while the Filtrona holder does not. The reason the extreme and unusual pressure exerted by the Filtrona holder affects only the BARCLAY filter is that only the BARCLAY filter has horizontal filter grooves to lower "tar" and heighten taste. Therefore, the "tar" delivery of BARCLAY -- and only BARCLAY -- is distorted when the Filtrona holder is used.

Matthew L. Myers, Esq. 9 It t ) The Present FTC Test Accurately Measures the Tar and Nicotine Content of Barclay As Compared to Other Ultra-Low Tar Cigarettes Even materials which R. J. Reynolds itself supplied to the Commission refute its claim that Barclay delivers dis- proportionately more tar and nicotine than similar ultra-low tar cigarettes. According to tests conducted by R. J. Reynolds, a NOW tobacco rod attached to a BARCLAY filter was perceived by its smoking panel to be richer in taste than a NOW tobacco rod attached to a NOW filter. ST11E741W /RLAZID DI)EMSIdVS I .raarrit.wwtam 1 0 t Merwoor .AArLwVsL tor emao aomre sti szr.•s .Kww . . so Figure 5

) 1 Matthew L. Myers, Esq. 10 But that same combination, the NOW rod with the BARCLAY filter, produced less "tar", even when a Filtrona holder was used in the test. yDLNR TYPE ) F1= F1LIit4m QM ,.ra+ 2.6 2.5 1 BOAcuY 1. . I Figure 6 ) 1 I Thus, the NOW rod with a BARCLAY filter delivered more taste with less "tar". That's R. J. Reynolds' evidence. This conclusively establishes the emptiness of R. J. Reynolds' claim. (And not only does the BARCLAY filter produce rich taste without high "tar", it is actually more efficient in reducing "tar" than the filter employed on R. J. Reynolds' own ultra-low "tar" NOW cigarettes.) In addition, R. J. Reynolds'