Jump to:

Philip Morris

Howard A. Engle, M.D., Et Al., Plaintiff, V. R.J. Reynolds Tobacco Company, Et Al., Defendants. Case No. 94-08273ca( 20) Fbm 614009

Date: 26 May 1998 (est.)
Length: 58 pages
2063124911-2063124968
Jump To Images
spider_pm 2063124911_4968

Fields

Author
Gullotta, F.P.
Hoag, J.A.
Kuntz, J.M.
Mcdonnell, A.T.
Type
DEPO, DEPOSITION, TRIAL TRANSCRIPT
FORM, FORM
LIST, LIST
Area
GULLOTTA,FRANK/OFFICE
Site
R840
Named Organization
Abc
Apo, Arnold & Porter
Audio Alternatives
Behavioral Methods + Instrumentation
Behavioral Research Group
Dechert Price
Ftc, Federal Trade Commission
Hunton Williams
Inbifo, Institut Fur Biologische Forschung
Inst of Biol Research
Law Offices of Stanley M Rosenblatt
Leo, Leo Burnett Agency
Manuscript Review Board
Martinez Cutierrez
Peer Review Board
Product Development Group
RJR, R.J.Reynolds
Va Supreme Court
Named Person
Arch
Bates
Benowitz, N.
Brachtel, M.
Carchman, R.
Charles, J.
Davis, M.H.
Domino, E.
Dunn
Ellis, C.
Engle, H.A.
Fenner, R.
Gullotta, F.P.
Hayes, C.S.
Henningfield, J.
Hoag, J.A.
Kobal, G.
Kuntz, J.M.
Levy, C.
Martin, B.R.
Mcdonnell, A.T.
Medina, M.
Osdene, Thomas
Raymond
Rose, J.
Russell, M.
Ryan
Schultz, C.
Spielberg, H.L.
Stolerman, I.
Uydess, I.
Xxcarolyn
Yatrakis, G.
Recipient (Organization)
Fl Circuit Court Dade County 11th Judici
Master ID
2063124909/4968

Related Documents:
Litigation
Bcnj/Produced
Characteristic
MARG, MARGINALIA
Date Loaded
20 Mar 2000
Brand
Marlboro
UCSF Legacy ID
uuq22d00

Document Images

Text Control

Highlight Text:

OCR Text Alignment:

Image Control

Image Rotation:

Image Size:

Page 41: uuq22d00
Transcript Pages 17-20 ENGLE V. R.J. REYNOLDS CGERPr11st PyW DEPOSITION OF FRANK P. GULLOTTA, PH.D. Page 17 1 time. 1 2 Q Okay. Did you review anything or look at 2 3 anything to refresh your memory a to the 1988 instead of 3 4 1980 time fnme ended where you were working at Philip 4 5 Morris at the same time? 5 6 A No. I simply misspoke. 6 7 Q How do you remember it was about 19887 7 8 A Well, I just reall that he came in about 1978 8 9 and'he was there about - approximately to 1988 and I was 9 10 there during all that time. 0 11 Q Did anything in particular happen in 1988 that I 12 caused him to leave? 2 13 MR. MCDONNELL: Objection. Foundation. Calls 3 14 for speculation. n 4 15 Q You can answer. 5 16 A I understand that he had another opportuniry. 6 17 Q Were any projects or programs discontinued 17 IB around that time period, if you know? IS 19 MR. MCDONNELL: Objection. Foundation. 19 20 0 I'm talking about Philip Morris projects or 20 1 research programs. 1 22 M R. MCDONNELL: Objection. Foundation. 22 23 Q You can answer. 23 14 A Well, there are alway s new pro8rams starting r 25 and stopping depending upon the needs of the company. But I Page 18 I can't think of anything specific at the time. 2 Q Do you reall whether them was anything at the 3 time that was shutting down or being discontinued around 4 about the time that fan Uydess left? 5 A I'm sorry. Part of your question was cut off. 6 Could you repeat it? 7 Q Yes. Do you reall whether thero was any 8 program or research projects being discontinued or shut down 9 approximately around the time that fan Uydess left the 10 company? And I mean the company being Philip Morris. I1 A I don't recall anything in particular that was 12 being discontinued at that time. 13 Q Now, you aid you did two kinds of 14 electrophysiolo8ial studies. One was pattern reversal 15 evoked potential and olfaetory evoked potential. Let's 16 break it down. What is pattern reversal evoked potentials? 17 What is that? 18 A The pattern reverpl evoked potential is a 19 clau of evoked potential that the elicitin8 stimulus is ci'n 1 apparently reversing black and white checkerboard displayed on a video monitor. 22 Q Is that pretty much it? 23 A I beg your pardon? 14 Q Is that your entire eaplanation of what it is? 25 A Well, I mean, it's a class of evoked potentiab- Paje 19 that people use in - to ask basic questions about visual information proeeaain8, 0 What ars evoked potentials? A Well, evoked potentiais am part of the EEG and - but they are part of the EEG that is evoked or elicited by a particular spmutus. The stimulus could be a sensory stimulus like a OBht, a tone, a touch, or it could be an intemai stimulus such as making a judgment. And you record them immediately when they occur, and you estraet them from the ongoing EEG and do a procedure alled rienal averaging. So it's part of the EEG. Q What is an EEG7 A EEG 1'y}tand. for the electroencephalogram, and _. it is a recording of the electrical activity of the brain. 0 So the recording gives you a - comes out with an actual pattern, what you a11 a, brain wave pattern; is that right? A Yeah. You could ny that, right. Q Is that how you described it, as a brain wave pattern is the pattern produced by the eneephalo8nm7 A More accurately, brain wave pattem that is extracted from the electroencephalogram. • Q Okay. So that's - we talked about evoked potential. What does the pattern reversal meant A Pattern raeraal refers to the kind of stimulus Pate 20 -G I used to elicit^evoked potential, and in this case it's a 2 pattern that looks like a black-and-white checkerboard 3 that's displayed on the video monitor. And what you tell 4 the computer to do is every time the position of the black 5 and white checks on the video monitor apparently reverse to 6 sampk the EG for some period of time after that and to rzcol 7 $nmutate.t e response. So it's the kind of stimulation 8 that you use. 9 Q Now, in order to get the pattern for reversed 10 evoked potential, PREP, you only use the checkerboard; you II use no other - nothing e4e7 12 A In these particular experiments we just use 13 checkerboards, ya. 14 Q What, if anything, does that have to do with IS smoking? 16 A it'a unclear. We just know we Bet meaningful 17 reproducible resnits after people smoke. IS 0 You administered Nesa after peopls aooke: is 19 that right? 20 A What I do ila record a basetins before they 1 smoke, have them rpke a cigarette and then recard raponse~ 22 after they amoke and compare the before and after. 23 0 Okay. So what did you - what, it anything, 14 did you find as far as the pattern reversal evoked potentials of a person smoking as compared to a person who Cooc8``B.i ~i 2063124921
Page 42: uuq22d00
Transcript Pages 133-136 ENGLE V. R.J. REYNOLDS DEPOSTffON OF FRANK P. GULLOTTA, PH.D. Page 133 I I 2 you mean7 A That is one of the things they were working on; ', 3 correct. 4 Q Have they stopped working on that? 'i 5 A I don't know. I'm not involved in that area 6 now, 7 Q Well, people aren't going to smoke the 8 cigarettes without zhe pharmacological action, arc they? 9 MR. MCDONNELL: Objection. Asked and answered 10 numerous times. 11 A We don't know that for a fact because we don't 12 have a sensory substitute to test the hypothesis. 13 0 Number 12 says, Our laboratory routinely 14 provides information to R&D regarding psychological and 15 physiological factors involving - involved in smoking 16 behavior. By R&D you meant raurch and development; 17 correct? aS A Correct. 19 Q And you stand by that statement; correct? 0 Laboratory routinely provides that information? 11 A Well, actually I can't remember the context of that. I assume that I stand by that. 13 Q When you say routinely, what did you mean? 14 L A I assumed that on a regular basis. 15 Q And Number 13 saya, External Page 134 1 electrophysiological studies are being funded for several 2 hundred thousand dollars; Our expertise is necessary in 3 order to evaluate the amdies. Is that correct? Is that 4 what this does? 5 A That's eonect. 6 Q And you stand by that? That's accurate; 7 correct? 8 A That was accurate at the time, correct. 9 Q Now, these extemal electrophysiological 10 studiea that were done, who did those studies? I1 A Thase - at that time it was being done in Gerd 12 Kobal's lab in Germany. 13 Q In Germany? What research did he do in 14 Germany? 15 A He did - he's the world leader in 16 electrophysiological studies of olfaction. 17 Q What's his name again? 18 A G-E-R-D K-0-B-A-L. 19 Q Now, before I forget, the curriculum vitae we 0 were provided is three pages long, and it lists aa your 1 professional address INBIPO in Cologne, Germany. Is that 22 still your professional address? 23 A Not any more. I haven't updated my vitae 14 t recently. 25 Q When did that cease to be your profenional., Page 135 I addresq A My professional address was there between - I believe it was October '82 to - I mean,'92 to December '95. 0 Okay. So as of December of 55, that was no longer your address? A That's correct. Q And when did you update your CV last? A It was sometime when I was at iNBiPO. I can't recall. I don't recall exactly when. Q What is INBIFO7 A INBIFO is a sister company of Philip Morris. Q What does it stand for?{~ A Stands for (nstimt fur 8iolog'uehe Forrehung. Q And what doaa that mean in English? i A It meanainstitute of&logicd~t`esearcb. Q When you~say it's a sister company of Philip Morris, what do you mean? A That means it's a company that is owned by Philip Morris Companies. Q Now, the research that you did that is mentioned as Exhibit 1 which contains 141 sites including memoranduma sent to you that you did not author, what percentage of that research was done when you were at INBTPO? Page 136 I A I don't think any of that research that's 2 listed there was done at INSIFO. 3 Q Did you do research at INBfFO7 4 A Yes, I did. 5 Q So that list is not an inclusive list of the 6 research you've done as a Philip Morris employee then? 7 A I don't know. I'd have to go back and check 8 it. Some of the stuff I did at INBIFO may well be in there. 9 Q You know some of it you did is not in theret is 10 that correct? 11 A Some of it probably isn't. 12 Q What leads you to that conclusion? 13 A I think the collection date was up to '94, and 14 1 did work until '95 there. ls Q well, is there any stuff you did at fNBIFO 16 prior to '94 that is not on this list of 1!1 citations in 17 Plaintiff's Exhibit I? 18 A Could you repeat the question? 19 0 Is there anything in Plaintiff t Exhibit I- 20 well, let me rephrase that. 11 Did you do any research when you were at INBIFO 22 prior to 1994, any research that is not cited in Plaintifll 23 Exhibit I? 14 A Well, I haven't gone extensively over the list, 25 but I think everything is there. Cook & Wiley, Itte. (804) 359-1984 2063124950 ComPresa Page 34
Page 43: uuq22d00
Transcript PaBd 6r7z DEPOSITI NGOF FRAN% P.~GULOLO7TA, PH.D. ComRes Pap li' Pase 69 Page 71 1 Q He jurt told yoe not m underwnd the I question. 2 quearion. Is that clear m you? 2 A In general what we found was that we get the 3 4 A No, I think I understand your queatinn. 0 Okay. Good. 3 largest effects around the 1.n01i8ram nitotine delivery as 4 measured by f?C. 5 A But I thhtk you've got a misconception. We did 5 Q What happened when you had more than I 6 easures;n moa of our ex eriments on the same d t 6 milli ram of ni ti ? p repea e m g co ne 7 8 subjects. So they wouldn't be different groups; it would be the same group under different conditions. 7 8 A 'fTm eRecfs started settin8 smaller. 0 Did you ever do any inhalation studies to see 9 10 b Okay. `And when you laoked at the rame group under different conditions, did you find any differences 9 if actual human inhalation patterns were diNereet in tame 10 way than the FI'C machine measurement technique? i t 12 13 between the same group under thore different eonditions especially as it relates to dore respanse7 A With respect to dote response, I remember that 11 12 13 A No. Q Number I on this Plaintitfs Exhibit 1, the title of the article looks like it was published - or 14 15 16 we plotted a curve as a function of nicotine delivery, but 1 don't remember the esaa nature of that turve. Q So you administer a earve as a function of 1/ IS 16 memorandum, the internal memorandum was written in Pebtuary of 198--May of 1982. It says Nicotine Solutions for Overspray. What is that about? . 17 IS 19 0 1 22 nicotine delivery? A Well, nicotine delivery on one axis, and change in latency of the evoked potential would be on another aais. Q How do they correlate with eaeb other, if they did? A I really don't reall the exact nature of the 17 IS 19 ! 22 A Wy511, this gets baek to havin8 eon[tant tar but -- ~ t~ r.outtk leveb. So in thote days what we would do is strip the nicotine off the cigarettes min8,~,~'`~~ft ammonia prueeae and spray it back on un w' atrolkd levels so the tar would be wnwnt, but the nicotine levels varied. Q And why did you do that7 , 23 { 25 curve, but what I generally found is that as you increase nicotine delivery, you would get a deereau in the Ps latency of the evoked potential up to a certain level. And 23 24 25 A Beeawe we wem interested in studying the effects of nieotine Indepaedent of the effects of tar. Q And why were you interested in doing that? Page 70 Page 72 1 then it would level off A We were interested in stud the effects of in . y g 2 Q And that's what ultimately led you to obtaining 2 nicotine on these various electrophyiiologicat measures we 3 the information about the optimal level of nicotine? 3 made. 4 A I believe those results were from a different 4 Q In other words, on measures of the brain wave 5 study, but it would be a study of that type, yes. 5 patterns in the human brain; correct? 6 Q Once that decrease in latency stopped, you 6 A That's eorreet. 7 found your optimal level; correct? 7 Q On Number 4, Number 4 the author Levy, of 8 A It's complicated because what you get is Wh o is Dr. Levy? 8 courte, that's noty°u~ 9 barically when you plot a nicotine as a function - PI p y 9 A `~9idCytte6-.. 1[.avy :ns a member of the~havioral 10 delive was ou et an f i tin l f ti rou at the time ~~ 10 ~earch ry y g une on o n co e atency as a g p . II 12 inverted U. , Q RTich means? I Q And this was written in 19787 12 A Yes. 13 A Well, it meant that you Sot an increase, and 13 Q What ws Mr. Dunn's position at the time it was 1/ then it would level off. And then ae the function of 14 written in 1978? 15 the change of latency would get of a nicotine delivery A Dr. Dunna position waa head of theb~favior4 j 13 16 , smaller magnitude again. ~~~~ 16 f`KarCh jreup. 17 Q So based on all the research you have done in 17 Q Wu fie yuur boat at the thne? 18 your work for Philip Morris, what'v the optimum nicotine 19 level? le A That's wrrecr. 19 Q Did Dr. Dunn ever exprea any opinions 10 MR. MCDONNEfL• Objection. 20 concerning nicotine to you? 11 t A Optimal nicotine delivery level in terms of I A Yes. 22 pattern reversal evoked potential? Q What did he say about nicotine? 23 Q Right. 23 A He thought that nicotine was very important in 24 A I'm sorry. I didn't endercnnd that. I cigarette anoke. 25 Q I'm just agreeing with you. Yes, that's my 25 Q Did he think It waa aetually the most important Cook & WDey, Inc. (go.) 3s9-19" 2063124934
Page 44: uuq22d00
Tnnseript Pages 149-152 ENGLE V. R.J. REYNOLDS Compres. Page 3g DEPOSITTON OF FRANK P. GQLLOTTA, Pft.D. Page 149 i Q Nov, you've stated when you were asked the 2 question by defense counsel that the P1 latency decrease had 3 0 1 2 A That's coRett. Q Are you an expert in addiction? A I beg your pardon? Q Ate you an expert in addiction? A I know quite a bit about the topic. Q Are you an expert in addiction? no bearing on the'txsue of addictiveness; cortea? MR. MCDONNELL: Objection. Asked and answered. MR. HOAG: No, I didn't get an answer. He said quite a bit. 13 0 But are you an expert in addiction? 14 MR. MCDONNELL: Are you asking a question 15 that - are you asking whether he's qualified under 16 the federal mlea of evidence to testify as an 17 expert? What are you asking? 18 MR. HOAG: First, I guess, I'd ask you why, if 19 he's a fact wimess, you asked him if it had no bearing on addictiveness. Are you offering him as an 11 expcrt on addictionT MR. MCDONNELL: I'm offering him as a 13 testifying witness about his own work. 14 MR. HOAG: He doesn't - to the extent you 15 haven't listed him aa an expert on addiction, to the Page 150 1 extent he's not qualified to be an expert an 2 addiction, I move to strike any answers related to 3 whether something has a bearing on the addictiveness 4 of the substance. 5 MR. MCDONNELL: So noted. 6 MR. HOAG: If, however, you are listing him as 7 an addiction expert and we have to rcdepose him, 8 you'll have to give us more information than you did 9 this time including an updated CV. 10 And that's all I have. 11 MR. MCDONNELL: Noted. Let me ask one or two 12 final questions, 13 MR. HOAG: You can't do re-redi.ect. 14 MR. MCDONNELL: You can leave if you want. 15 MR. HOAG: The judge isn't going to let you do 16 that. 17 This deposition is supposed to be like a trial. IS You're not going to be able to re-redirect. And I 19 move to strike any testimony that's after the 10 redirect. 11 I MR. MCDONNELL: Your motion is noted. 12 23 EXAMINA'RON BY MR. MCDONNELL: 4 Q Dr. Gullotta, does your 25 electroencephalographic work have anything to do with Page 151 I whether or not cigarette smoking is addictive? 2 3 A It doea not. MR. HOAG: Object to the form of the question. 4 5 6 1 also object because you haven't been qualified aa an expert. You haven't listed him as an expert, and this is beyond the scope of your own lut redirect. 7 8 9 Q A Q You can answer. It does not. Are you familiar with any work which smdiea 10 the question of addiction based on electroencephalographic 11 research? 12 13 A No. MR. HOAG: Object to the form of the question. 14 And all the other objections about re-redirect. 15 16 MR. MCDONNELL: Okay. That's all I have. MR. HOAG: John, I don't have any 17 18 19 20 11 I re-re-re.recrosa, but, you know, I don't think it's necessary because what you just said has to be stricken. So I'm ordering the transcript, the minisc.ipt and the disk. 22 23 he going to read his deposition? • Is MR. MCDONNELL: Yes. 15 And further this deponent saith not. (This deposition concluded at 6J1 p.m.) vaC. 152 1 CCr/OaVCALTx Cr YIRCIMIA AT IAtCe, to vilf 2 1, ,nch..la xan.an oavls, Rva, cv..islcn.d as 3 nfcnaa. x. x.,r,.n, xat.r> rubue tn ane for ch. 4 Counom.alth of viryinla at la.y.. and .Inte cu..italon S .>mtr.a July )1, 2000, do nrtlty that eL. .far...nticn.C r aGGaartl baorn .. +a rwrn by s, and ya thar.oGon 7 faafn.d by ewnwlf and that thM furpeinp 1. a erv.. I crorr.ct, anG tel I transeript of tM tatlmny adNC d. 5 I tcrth.r oretey that I as n.lth.r r...t.d ta IC nor .a.oeiat.d .ith sny eeunul or yarty to this erac..dlna. ]t th l t tM in tM nne th l t nar a a. ta n .rs ana . . ta eiv.n unG.r ny hand at aleMond. Virginia, 13 thts ltst day of May, trra. 14 ts 1a xtcluaa x.rwtn Mria, YR - Mat.ry h[dlc Coa..onralth of vlry/nla at uraa Cook & Wiley, Ine. (go.) 3$s-19a. 2063124954
Page 45: uuq22d00
Tranaeript Pages 53-56 DSPOSTTIqN OF FRANK P rnDLOLO7TA. PH.D. t°mPre+. Pa~e E~ Pa=e 53 1 Dr. Martin or Mr. Martin, that this observation was I 2 important for evaluating rereamh cigarettes where the ' 3 addidona of nicotine was neeeaary7 ! 4 A Part of your quertion was cut off. Could you i 5 rcpeat it7 , 6 Q Okay. Do you recall sudng along with Ms. 7 Hayes and Mr. Martin that the observation that all fotnu of 8 nicotjne are not behaviorally or physiologically equal is 9 important for evaluating research cigarettes where the 10 addition of nicotine is necessary? I1 A Yes, I recall that. 12 0 Under what circurnstances is the addition of 13 nieotine neeentry7 14 A If you want to control which level of nicotine IS you have on the cigarette but maintain a conuant tar level, 16 that is, to have varied nicotine levels at a constant tar 17 level for research purposes, then those would be the kinds I8 of rtudies where that would be tmpomnL 19 Q Did your laboratory at some time around 1990 or so demonsmate the camplex interactiotu-I'm torry. Let 11 me rephrase. Did your laboratory sometime in the 1990s, 22 early 1990s, ddemonstrate the eamplea interactions that - 23 intenctlons among nicotine delivery, menthol delivery and 14 L impact? 25 A Yea, I recall thaL Pqe 55 I Q What does that mean eracty7 2 A Well, let me give you an example. You9l have 3 4 5 a scale that goes from I to 7, typically with I being a very low value and 7 being a very high vatue, and it wn'0 hare such items on them ar 8kin8. impau, off tarte. things of 6 7 that namre. the cigarette. So it's whe» you're evaluating the flavor of 8 Q And th'v ia baaed om the rerponte that an 9 to I I individual person states they feel7 EtY not an actual physiological meawrement, it's their opinion of whaYs happening; is that correct7 12 A That's absolutely correa, ye.. 13 Q And sometimes the opinion that the individual 14 haa of what's happening is different from what'n utually 15 measured? 16 A I'm not really following your question because 17 the nature of the subjective ballot is to aacertain how a 18 permn feels when be amakea that eigarette. 19 Q And what kiad of pom-bilitiea do tbey have to 20 anrwer questions that would enable you to ataer impact7 1 A rm aorry, a"v. I didn't follow your question. 22 Q Well, you said you wem able to aiaeaa or eome 23 up with tome kind of a measurernent of impaet bated am 24 rubjeotive or opinions provided by eonaumetK eorroctt 25 , A Thfa ia the mndad way of doing ftavor ballot Page 54 i Q And what wem the complex interactions you were 2 referring to? 3 A Well, I don't - it's going to be hard to 4 explain, but let me try. We were looking at the effects of 5 havinj eotuunt tar onee again but putting different amountt 6 of nicotine on these research cigarettes and different 7 amounta of menthol on the ntne cigarettes in a sy.aematie 8 way. And what we found is that at low to medium nicotine 9 delivery levels, menthol had the effect of decreasing impact t0 which we found very interesting beuure that wu not known I1 before. But ar you inerease lh-t,e~ level of menthol either 12 holding nieodn~l ~~terc~ld~ ma kvel of nieotine, adding 13 menthol actually increased impacta. So it was not simple. 14 Q When you say impact, what do you meant 15 A It's the sensation felt in the back of the 16 throat upon inhiling cigarettes containing nicotine or 17 menthol. 18 Q And how is that aentation measured if it is 19 meatured7 A It's measured with a subjective ballot, 1 Q What? I'm sorry?. 22 A It's measured through an item on a subjective 23 ballot. 14 t Q You mean like a survey? 25 A Like a flavor ballot. Page 56 1 testing, and yee, we do it with conrumera, but a lot of it 2 is done in-house as wolL 3 Q But what questiona do you ask themt In other 4 words, arc they opemKatded, What do you fee17 Or is the 5 question something like, Did you feel tome aetuation in the 6 back of your throat? 7 A 7Le question would read something like th'v. , 8 Rate the impact of the cigarette on a 1-to-7 scale where 1 I 9 is very little and 7 b a very IoL And they just check 10 out - typically make a check in one of thon boxeL 1 t Q So from that yoa would aaaume they meant by 12 impact the feeling they 8et in the back of their throat? 13 A Yes. 14 0 Why do you artume they meant the feeling they 15 get in the baok of the throat if all you aaked them to do ia 16 rate the impact? 17 A T7tem are knowledgeable people, and we inattuot 18 themhowmOllomthebalbt. 19 Q Am moa of these people employees of Philip 10 Morri.f 1 A We do quite a bit of internat research, and we also do - we send out stuff for testing as weq. Q Again, are most of the rubjects mployeea of 14 Philip Morris? MR. MCDONHEI.Lt jobe, I'm going to object on Cooft & SYBey. Inc. cao+> 359-E9a. 2063124930
Page 46: uuq22d00
withdraw-younQ ENGLE V. R.J. REYNOLDS 12 wlthdnw (.1) (33)12fM wUnen (s3q (IMn. I7}Y19. [1W32. [S75R. (S}sf6, 12" (2).4i, 121SM. (311Nf, (3110/1f. (3116R2, (3111A3. (11NN. lu)Nf31. (UNWSl. (15)S7n9. l15/R/", (1J]W1. [1Q]3US. (1s)3VIl, psWru. UsW'u. [rl66* (33puro, 13.11.xv. (331149/sf wltneao (s) ISLSA w0eosum (.1) (13H9nS word (zq (1)MLD. (S0)797i, (20)797l. (2110.1f1. (31112Yi. (3711D/1S words (s1S) 16pM. (6722It. (!f)31K. (9)7UU. (IIGWI, (13)57H, (1/)771a, (1917UU, (U)9(R3, (2c)Wm. (70fl17ru. (37I14HU work (%31) (2)7n3. [3]1Li. (311Ni. (.113ftl. (qM l. (1j1Y/9. (U17R. n315YS. um0llC (u)ffl4. lssytff. (32117LS2, 13311377t1. (31113H1.. (37113ylS2. (7Jp371N. (3S)1fW, (3qttlA. (3f)Ittn.. (3f)1n/Y7. (3.)1Nfil, (381157S. (3111617 worked (9) (I113.79. [N1M2. [10)dtl11. (]C)i721, 1191rII/S4. n91rv13. (27110Y21. [30311919, (3S137R worklng (ri) (S)ifl{. (11}f1719, [19)793. 1501M3. (341133R, (31113X4 worid (s2) (2i71WJ. (K)13Y1! worldwlM (.2) (1)7/I7, [9)3W wr1U (sS) (S2)9[42. (351137n wdtkn (0S) (2)fi=. (2]ifit. [.UV3. (61S3d. (c]MI. (eW's. (upln4, (ulrnf. (Iq'mu, (223wY. (u1101n4. (261202K 1/rOns (X3) (•)ILS2, (31112W, (3t11M.. (311124= (321117116 wtoY (s9) (2inwF 1A110f/i, (30112NL7, (3o11S0/1!. (3]1129111. t73J73N31, (3711 WS3. (33113CVl. 139113iA x (=1) n]v1c ynr (a7) (Ivrl.. n')Wl. (19]7471, (191r/82. n9Pr4M, (21A1111. [36I1a/B yeals (d) (N1H73. (615430. 011M81. (23)9arf. (2111N. (2.)1snc, (3S1U9n. [761i41n9 vou-guy. (.n (ssp7a young (xl) U3PNS1 Cook & w7ky, Iae. (604) 359-19b1
Page 47: uuq22d00
Transcript Pages 97•100 ENGLE V. R.J. REYNOLDS Cornprx,ss Page Z DEPOSITION OF FRANK P. GULLOTTA, PH.D. Page 97 I 1 Q When you do have a need for - a I 2 distribution - rephrase. I, 3 MR. MCDONNELL: You're misreading your script, 4 John . 5 MR. HOAG: Pardon? 6 MR. MCDONNELL: Go ahead. 7 MR. HOAG: I don't need a script for this. I 8 don't need notes for this. You-guys are the ones 9 : with the script, which I've heard many, many times. 10 MR. MCDONNELL: Go ahead. I apologize. I I Q You do have a craving for nicotine, don't you? 12 A No. 13 Q Well, that's why you continue to smoke, isn't 14 it? IS A I think I told you I smoke because I enjoy it. 16 Q If they took the nicotine out of the cigarette, 17 you wouldn't keep smoking, would you? 18 A If you took the nicotine out of cigarettes, it 19 would certainly change the flavor properties of the 0 cigarette. I Q It certainly would change what it does in your 2 brain too, wouldn't it? 13 A If it's not there, it's not going to do 14 anything. Q It does a lot or things in the brain, the Page 98 Page 99 I cigarettes_ 2 0 You have that first cigarette in the morning 3 after you've been .deep all night, and you have that first 4 inhalation of the cigarette rmoke. As it gets to your brain 5 in a few seconds, you don't feel anything; is that what 6 you're saying? 7 MR. MCDONNELL: Objection. Hold it. John, 8 you're misstating his testimony to no particular 9 effect. I mean, if you want to make speeches, why 10 don't you make apeeches on your own time. 11 Q Is that what you're saying? 12 MR. MCDONNELL: You know that's not what he's 13 saying. It's not even clase. 14 MR. HOAG: I want him to answer the question. 15 MR. MCDONNELL: Well - 16 MR. HOAG: If he wants to tell me that's not 17 what he's saying, I've got no problem with it. I i18 don't want your testimony because it's useless. 19 MR. MCDONNELL: Your testimony is useless too and we don't want it and that's what I'm trying to 1 prevent Go ahead, doctor. You can answer. A I absolutely do not get a buu in my brain when I smoke a cigarette. 0 Do you get any sensation of feeling better than Page 100 1 nicotine? You know that? 1 you felt before you took that inhalation of that first 2 A lhat's correct. 2 cigarette in the morning? 3 0 And it affects the dopamine level, the 3 A If I do, it's a very subtle effect. 4 serotanin level? 4 Q But that subtle effect- 5 A 'ILis we don't know. I don't think it's known. S A Is not a bazi. 6 Q Are you aware that some of the scientists that 6 Q That subtle effect, that's the reason you're 7 work for your company know this? 7 willing to risk your life every day and continue to smoke 40 8 A I don't know what they know and what they don't 8 cigarettes a day; right? 9 know. 9 A It's my life; it's my choice. 10 Q You just don't keep up with what other 10 Q Your choics is based on the fact that the 11 scientists in Philip Morris know and don't know about the I I nicotine does something, makes you feel a certain way that's 12 pharmacological effects of nicotine; right? 12 more important to you than even the statistical evidence 13 . MR. MCDONNELL: Objection. Misstate" his prior 13 indicating that you put your - correct? 14 testimony. 14 ~ A Could you repeat that? I don't understand the 15 Q Is that right? 15 question. 16 A Look, we know what goes on in animals when we 16 MR. HOAG: Could the court reporter repeat it 17 administer nicotine. What we don't know is what goes on in 17 back? 18 the brain very well when people smoke cigarettes. I8 Th d d 19 Q You know from personal experience you get a 19 e recor was rea .) ( bua from making a cigarette, don't you? 1 MR. MCDONNELL: Objection. 1 Q - your health at risk every time you light up 22 A That's nonsense. 22 a cigarette; correct? 23 Q You know what I mean when I say bun, don't 23 A I really didn't hear your question. I just 24 you? 4 uught a piece of that right now. 25 A I certainly don't get a buza when I gmoke 15 25 MR. HOAG: Could the court reponer read the Cook & Wiley, Inc. - (g°') ss''"" 2063124968
Page 48: uuq22d00
9S6bZT£90Z 0861-66E (p08) '=l '[01!M IP )hJ 'NSII[6L]'L/rS'bll'fhSl91] (6a) flunome 9 U6I1 [Kl '6lAl ll6t) 'LA l lt6L) b11S1116t1 'f/SIIl6i1 Y/06If1:I '9V6f[Sl1 (1x) lunome tIRIIITL) ' ' ' /zlt)'EZ/tlfl'Z2R(tI (C=) 98 oilf01t9z) R•1 S9118 Sl/lll] (la) 6C:1 L651160 'C 1RS ) IK1 1611111 /E•1 8661 Ct/srlZU'96t1z1) (Z•) L661 SE161 (1><) 661 t I/6otlK1 OZAt l lnl KAl11tLl •ZIR I llfzl ' I u6ot(n) •n6o11n) 'ol/so ILLB 'C/rol(LZ1 'OULOI LLZI '9/101(LU 't/LOIILiI 'IftOttUl L/9a(ZIJ (!a) sK8 ottwlz) ') a l 1' I I ( ' ' 1' I - U 6 6I/LCIISCI 'f/LCl(SC1 Yz/9CII9C) Y/9(L1 (tl) 9661 RxSI9ll 'tz/CS[911 (za) .066t 'K/90tIL2) YZlRILI'oLR[Ll (91.) >wnryomme A l • ' 6VLt UIC 8 fg L S 9tRWIZ1 L1 . 08 fi/ilt) (ta) 908 Emtl9c) Zt(IC)'Llrozl[Otl • (ECl • I C ( Cl'B 9lnLlozl 9)c ot tlnLloz) 'E/LLI02) 'ULL702) 'SZ/9Lt61) 'OU1Lltl) 'I/6ttE)) LJZ(1) Ila) CoZOs ll (la) ( ZU6t1 S I LI l R 'Ol/lott9zl 'KA4I lzl 'BK9t91)'SI/0i[tll •K?9ltll 'OL/89[zU 'tl/9HLt1 'C/9zlc) 't uSTILI 'Yt/S'Z[L1 't/6ZtL1 'USt(L] (9t•) quowm. 0008 OLf9 z Emt(9Cl Y»CllcEl 't/of l IcEI •z u6z I[cc] l l l • t ' ' ' ' 't/osin] Y:1)srtftl'CZZIU'zzrst0 (EP) 0661 tl/cotlul 'OZ/zoll9tl (z•) 6861 uam am. i ' ni 9nc ot st/sdoLl LUtL ztrozl(oCl nM(nl 9011LL) 'LCOll90 9 pu ) l LI/NZJ 1l/tlil (Z 61E) (L) paPuaut. 'ZHLIOL)'LIlL91L11'ft/O91f11'tLRll) (CP) B / '14LIIS)'6/LIIS)'OLI[S]'ULIISI W) 8861 G 6t/9t191'ttptt9l (t%) puam. 8 lt/ftl[fCl l1/6ZIf1 (P) RAlI.uJa1IY 'urilzzl'n(LHZII'xqtt(zll'tznt0 (P) s861 ttmttlCl (1•) paJtlle Oz/C011n1 (R) 9861 fl/991111'OtJCCl61 (za) WA1WP 6Kdllz) (1•) tp!olt>)le tUtttlzl 'utCltl (z•) SOL LI/tK[LE) ilt) )u!od-L WS9tll1'L7f91L1]'I69tLl]'SZ/t9(91] (ti) E861 01/C01(9Z1 utt7flzl's/C9la) 'r/f[1t21 (Ea) plq.>fR 81/L9I[LCI •9/L911Lt) '11K1116i1 '01K11(6i) 'ZZ/9Lf61 ] '9l/91161) 'OfLl61) 'KtKi61) '9l/i LI81) 9K10 (P) w+nY Y)LStS1J'Nfbll'qSSIK)'q9sltl] ls') L 'OU99ILI1 Y.I/L9LLC7 YIJL9lL0 16L) Z861 9/1111 Y/11LJ (Ze) 1• 11/621t1 Il.) 1861 SL/OLIBI) (la) 8u!aiJBs L L/691f1]'1/srltU'zzrollal (C*) .0861 ' ' Su11I[OCI'K/LI2) (za) aaJB 9UIBIIZ) (la) LauaB. fUlSl(sfl It•) t£:9 LZrcllrl (tx) 0861 rllCL[91 nLllfl fl/lGltll (R) 261 N69tR1 (la) i!t G86lSZI (I•) qaaLe GLhI {la) 99 li/zltl (M C9 BL6LI621 '*IRLIB! l 'l lRLbll '61Ktt91 'LUC'L(9) 'f/CZ(91 'f/L![fl 'ZZ/91(91 'IIJC119] (6.) SL61 uttl[CU 9/1[11 ft•) 600919 LI/f8[zZ) '61/BLI611 '9U9L(6t1 'u9lll6z) '9l/6f[CLl 'Cl/681CZ] (t•) Z"JJe tISCt61 •liltlll (La) uleJ)e ZRt(IZ) YV18IIt1 (Z.) Su!s11JaAp. ii/iftli) (l11 $09 CtRlll (P) 109 zRltln) (W L-9 'CINLI6l) 'UfL16l) '11SL1611't1/Ci191 U)) L161 L/6Zlel 'fZmlL1 It=) 0L61 11/U6ICZ1 Ila) Z961 L2Jt9[9l1 'lL6f[St] 'tl/OLI9) (C') PaJa)qu!°tPe 6Vf911LC) '9/L9IILf] ltRlll (I•) C6LZ-C0161 LUt6(fi1'9U69[ttJ (Z•) Ja)Au1mPt UCOll9z) (la) flq!snSPY tlZ9lIK1 (Ia) paanppe' in9[9t1 (I•) pmJJPP• IBC1[sC] '9LLCl[sC] '9RCItK1 ' 'ZlSCI [KI 't/SEi [KI 'LZ/K l[KI 'tuKIlK1 'f/iitlZi] •1/9011L21'r/Klstl (0tr) tBJPPe CIEs[911 (Ia) .no111PP. 91/LC11SC1 '9/LLIOLI'LLL[021'LIIKDI) (9a) BuIPP. WOSIInI 'OZ/6r1(K)'U69t(K) (Ce) OiuMpa]PP. uls(ttcl '9unlt9fl 'IULt(zz] '.nltoil 'STlulozl YZ/LLIOLI YLLLfOLI 'OZ/LLIo2] 'tIlLLI021 '9ULLt0Z)'CULLIOL]'[/LL[OLI lZls) aqyalPPe oUlfl(ft1 'L/OSt(eEl 'AOSItK) '9J6KIft1 'ti/011/t1 'CU6tlIK1 '6/6tlln) '1J691[n) Y)6911fC) '3LLlt[oCJ'CZ/LLIIKI (ila) u09u1Ppw tm11LC1 •t/Kl(lCl 'CUSI llbtl 'L10{t92) 'zzlfZlA 'oUfLIL1 '1 UnlLl 'L/SLIL)'9/SLIL)'GSL[L]'CLfK19) (II=) paPPe itbL[91 '91mt91 'Llmle] (Ca) PPe tUlft[CCl 's/COl(nl 'oz/961n1 '6l/MlK) '6R91911 'Il/61I51 (9*) dtlAPae 4Cf1IKl'aZ/LCIICCI'LZ)CII1 (Ca) vopae ltm!91'SIKil91 (t+) W9nba. KRLf0i1 (t•) a!P!o! OZqLIOL) (v) Phe OZ/6zllC[1 (Is) 8v!ealqbe 1Z161I5) (Ia) LIiI.JnY.te vKIIKI •fM IIK) 'StR2I( I[I 'KRL lf IEl 't/LLII IC) •f/lLltlC]'i/IZI(IC)'f/19191] (R) a)tJnaae 6t/f9[ZU (1•) lunoxe l1/tOIILZ) (1.) 4qIdm0YJ. utllC] Il•l sm»e 11/90l[9L1'tl/tt161 (La) paldazm tREIICU IP) .l4ada». VICIICC) (Is) L1lI!9e1dowe IU90lILL) •MZtL) •amxl •umu (1') 7daai. fJt6IK1'I/1IIC1'LI)01(f1 (C9 Atl!9a lZn[L1 YI/91Z1'L/91L1'f/9iLl'A91Z1 (P) 78Y ZtRi 1112)'CUlllfnl 'Ol l ltn) 'oL/0111n]'ZR01!Lz)'$/90tILZl (9s) 8Y tl 91/I(Il (la) 156 S/llll (v) YJCLZBOMt6 Olm(ILI'9l/K161 (2a) q6 6UItilC[) '91/90tlul 'oU9011tz) '6'901t1Z1 '9/9011Lz1 •LiROI!9z1'tUeot(9z) •t/[01!9t) (O) 6 'ru6alitl'onu!lOC] 'zz/6Llozl (sl) 9 9 zRlltfn) ll•) s8S lZlI81I2] (Ia) 909 9tR(l) (I") tOf 9165190 U*) 05 LKUl19z) 'tl6LI0L) (Z.) S S o1R[11'Ln[tl (Za) 00" uo01(fz) (1.) 0> OIMI(sCl '6m1[fCl 'L7cl(sC) 'IZR'ZII Id 'I IRzI [ IC) ' lrot[zL) 'Uf81ZZ1'CDLI6t)'KLlftl'1LlL(l1 (Ola) t v 2F%IK1 (IS) 6E si/tlt) (Pl 9861•65C ttR[Il (R) ICIEC tR[Il Il•) OZIZ£ [IRftIECI (1.) .9I£ fRil19f1 (I•1 l£ 61Kt1ZZ)'LI/C919I)'01)C919t) (is) OC tmu9C1'EOr1l9t)'IUtal)EI •Zl/ozl(oE) '91/901tR1'911901ILLl '01/9011L2) 'RR01(92) 't/9812Z)'nMliil'6I/tdOL1'KR[II (ite) C E 12Mi61 (P) OC:Z oUlo1[9L1 'LZRI11 Iia) 61 LffSIl6Cl (1-) 11191: TLtti(SC) (1*) teS9Z VIII) (I•) 9z oircollnl ll+) K CRCItsE) (") 19Z£z rullil IP) IZZE1 IZ/rlllil (lal it LC1116i) I1•) L8f986SZ0Z lattltn) (R) 58S986SLOz 9/LSt(KI (t•) OpOz ube[Ctl'snlll (z=) 0z t/lllftil W1 8•8ulqlamo.'Z Ct2111n1 (W 95'Z //t111tL) (1•) K-z FIIIIRI (la) 8o'z OL/t9lltC) 'GL9l(LC) '6/1l I(0U '9/11 tIK) 'uLUloC) 'CJllllnl •wlo11n1'trotlzZ)'za..ltz) 'ZALl0i1'Lf9[LIl't/191L11'ZL/L(11 (Ets) t fz168f[z1 'L/6t(CL] (za) 61 6fll![KI (la) 81 OIRlO (R) L[LI LR[i] (ti) OpLI CJ061CZ1'1/0(ACi1 (Za) Ll 6I/COIl9i) (ta) 0991 r/691CZ1 'fZ/t8lZL1 'ta/telzzl (C•) 9l AC9116C) (Is) ZSI //601fZ) 'nRbtzil 'KmILL) 'f 1R91911 'LR9!9I1 '9/C9(9l1'r/C9t9U'IUSflill'L/SHLIJ (P) 51 ti/l[A (R) Z8S91 9t/9Ct(K) 'LUfCl(9Cl'48LIlzC1'9tro9(Lll (r') Itt L961K1 (t+) 9l SLCEIIt•C] (te) tl SRIIl (1q y1Zl CIKCIIKI (V) Zl Srollltzl (t+) lC'Ol snSUO (t.) L'0)•[ OIL[tll (P) mtJ31lll141'I S)C5116C] 'tl1Lt 111t) 'HLKILCI •91ACllsC1 ' 1 UK IISC) '9KCI ISC1 'lZACI(K) '6IACtIK1 'Llocz(K7 'LUSCtinl 'sml(Ltt 'zaltdofl 'OZKLIfOf1 '6/Lt 11K1 •t/LI I(KI 'ILnl116L1 'OZDI I16L1 '61/011fn) 't/601I9Z1 1/t0I[LL) 'f1/i01I121 'oz/C0119L1 'OL/Lol[9Z1 •llR01l9Z1 'IfS9lLZl'li/Kllil'KRHILLI'L/61[0L1 YUIL(S11 'S/itltt) 'n/991Ll1 'ZZ/C9I9t1 'ALSSf t1 'tN5[IIl 'Ufrirll'tKi[Ll'K/ZIU'IZR[I] (m) I I CILII)OCI (l•) 1'0 Q ' RRIII (P) . use161 Qa) 96. ~ 91/LEItSCI 'qLC1ISE1 '9u9EIIKl'SIfC11K1'ttsCllrCl (S') 96. 9t/YtlltC)'CUKIIKI (ZS) 96. nullsEl U•) zb. C/9CIIK)'CU9Ll6l) (LI) Z8, nRT[91 (IT) l8. KOL[6l1 (II) C•. Imtzzl 'IlRltl'6R111 YRlll'fill(Il Yl/Ilt) (9s) R 6 z 2? I S47O7:.1321 'f'2! 'A 37ON3 s7unowe-zg
Page 49: uuq22d00
amplitude-cigarette ENGLE V. R.J. REYNOLDS 2 {291115(15, (36111/A7, (30111LI9. (30111aA0. (3G)119f6, (301119/5 B amplitude (.71 (291113/14. [291113A7, B-R-AC-N?-F L (eq [1W10 (2911147, (29111U4, (29111N, (3$)13a124, Babooas (x21 I19pU6, (1917U16 [37)1sH19 bad hA [301119/a, [321125N analpe6 (xq [27110VI6 balancing (ai) (23)92/17 anal)'{I{ (.9) 112141116. (12)/L7. (2319029, ballot (x21) t13151/5, (13)52A2, [16151'70, (23192/10, (21)9L17, (2u19L5. (26193/16, 12619511, (14)SY23. (1615Yi9, (1(}SSA7. [N155/2S, [U)95Al (1N)SUIa, (15159/10, [15159l13, [29111U19, analyttol (.1) R7)10rna 1311121/32, (311112/6, f33)130A2, P]lu1rs. analytkaY (.2) (27)IOL13, (27110al1{ (3611MR5. 137/115f3, (3711a4116. I3711f017, an<hoKd (.) O711p11 (371147/3, t3711Y/ta mimaY (xq (25JSrni ballots (.2) (15159tl [331130A3 annual (.6) [161647A. (17/LSA, (17]65A, , barrier (xD t16$Ls O71L97, (17]6S/11, (261103119 base (.17) l11)13/i6, 01)13/ia, (11)M112, am.er (,.0) f2].9A1, ¢PAS- [2)M6. (2W17. p2)65/1. (12)e30.(12µsA,(12)65A1. [12/lSli2. 121M3. (3)9K7, 13112A0, N713/11, (41147I, (20)7L10, (20)7u12. (2017gnl, 1201)015, (5117A3, (5117i23, [612315, (7127A, (5132AI, (2017M1, [2f1109/1., i2g)i09A5, (311122At, [O13N12. (6)32/26,[9)13A, [9133/2, (10)37l1, ' (31112L19 10, (11N1O, (11)61/22. 111H3122, (11pM8, (1613L based (.13) (16115/g, 1161!l/23, f1g170A7, (15(60.75, (16)62A1, [17)66/Ia, (17(iMl. [19173/19, 119173fS1, I251100/10, (271107/12, (1716V24. f24193tl3. (23)99756, RlN9rt2, (291116/13, 1291116113, (30)117A3, P2)119K, (301117A6. [301120q, 132)11U6, (3211Z917, (3711.7122, (381131/10 [321126/S, (37)1{5/22, [3r)1l9A1, (3g11510 baseline (r3) (5)2M0, (12)6alU amnrcrabk (.1) (331132A baaeBnd (atl 13S113r124 anrwered (.9) G713b, (10139/3, (10p9/a, base6 (d) [251109/16 (10)/0/21, 11 1)61/6, (30)119A3, (3171247, bask (m (12)17n0,(361133f26 [361133A,13 81149/10 Batee (O) (221111A0, (2g)111/21, (291113A answering (.4) (2(S/lg. I3)9Aa. (10]3M0, bear (xl) (3611N/17 [32)125A2 anewrn (.3) (3111n.(20179A, [301150n belring (z3) (3g)L69/3, (3a1169/20. [Sr1150/J beg (.9) (1WiS, Plult. (6(IVq, [826Aa, apolog(se (.2) 17123117,125197110 [10137p, [20177q, [331131A1, (371137A5, (3g1iNK Appearaneea (rl) (1]2A behav(or (.31 (15172/15, (22)9a/11, (2210LU, applied (xI) (12(647 1221u1J, (361133/16 appreciate (xe) (311Y3, (21(g2Ad.[22]05/13, Behav(oral (etS) (g129/i, (13)SMS, (13151/S, (321125A9 (13111/21, (13151/26, (1315Y5, (1q72A, (1917[41. approached (e1) (35)N0/IS appropriate (.1) (611017 [20179/17. (29111416, [311121113, [311122/2. (36)1aeR, (36)16Y15 (31112I/21, approval (.2) [3S11aA0. (351t6011g behaviorally (il) (13)92/it, (1sy5L5, (3t1122A2 approalmation (at) (612v22 beings (x1) [371N7121 AR (xl) [27110U3 belief (.4) (191731iS, (19)73A9, (361112b, Arch (r17) (11Yf0.(1W73,I1W7,I1W6, (2)7A, (217f7, R17R, (2)7A0, (2)6110, (2W2S, (39115N1 bellefs (.t) [361u1/H (319/5, (3191g, (3NA5, (3110)7, (3112H, [3112112, (3112A6 Bell (it) (11L10 benefits (il) (23191/1, (2319t12, (26p6/) area (e7) F6]15n, (19175n, (22)17A9, (22paN, (321127110, 1321127113. (3Q13LS Benowitr (il) (3112A3, [12]66/ berate (.q (15)51l{ 1, (22)60K areas (el) (16)62/ll berating (xl) (1l15tlS Argumentatlve (s2) [612Y1. [91330 ARNOLD (np (1)216 arri9ed (x2) [13152A6, (21)g2A0 bertdiking (.1) (13)S2tl2 bicarbonate (xia) (7125f3, [7125A1, [7125f20, (7125R2, (12W//20, (271106/26, (271107/2, ART (si5) a1152l21, (21152/22, R()M, 1271107/6 [271107/20, (27110M, [27110M0, (21)03/4, [21103/17, [21)6U21, [26 (261102A9. (26)103/1, (26110U/1, )101A6, (271105112, , (25(109/6, (251109/11, (251109/14, [231116Z0, (u)l)Of26, (2aP12/u, [211112A9 (271105/15, [271106n, [3111221L9, (35113U19'. bigger (.) (291113/19 article (.3) f17)6g/2. [1/171/13. [261102/14 artlcRs (e3) 11716711, (17)67A1, (26)101/22 bigge6t (a3) 1311t21A0, (361166A3, (3611N/25 btologiul (.1) (361135/16 ascertain (.1) [11155A7 •skep (.1) [25M9/3 Bbbg(sche (x1) (3N)136/16 bit (.7) (612213. (11)S6A1, (271feCn3, arpecta (.2) (611U12, (4I(1/2S aepiring (al) (23159A2 aAera (a2) 04155/70, (1{)l5122 i 33 129/17 ht [351137A2, [37)N7l), (3aI1N6, 136]1NA2 black (.2) (SI1M0, (S)20/6 blach+nd-while (sl) (5)20H ) ( 1 aac (x associated (xl) association (.U arrumptian (x1) astronomically [3g1152/10 (2.)95/16 (13)52/9 (xl) (2319v6 blend Cc31 (27110M, (27110gA9, R7110M0 blending (./) (331137A3 blends (.U (371N5/11 blood (e1) (16162/3 board (.4) l35)160/2.7, (351160/24, (361u1/5, AUckea (xq (21)LU/1 Atlantic (e1) (I)L10 attention (c2) [22)07A7, (22)OTAO [361161/6 Bobby (el) (13)69A.6 body Rp 116161/11 attorney-clIent (eU (2]5A7, (3)10H, (3111A1, bonuses (.q (121NSA (3)11125 attorneys (el) n1(61/16 Attributes (.I) [261103/1 book (e5) (6123/3. (612L16, (6)2L19. (q23RL (6)27f25. (612Mt, (6)2u6, I612tlt1 born (.) (23190/t1 Audi> (.l) (Q29111 Auditoq (ao) boo (xq (7q7L17, (19)7U19, (19176131, [19)7Y22 August (.1) [2319NI) author (x12) (6)D25. (6)21/1, ta)29A0, (17)67A, (1017217, I1917616, (20179/1, (261107A', bottom (.2) (271105R3, (27)10529 Boa (..3) (i)1/iA, (2116I717, (3S)UM boxes (.3) (1t156110, f17IL5/!, (I7]f5/5 (26)103n1, (261103122, (301120/21, [36113521 authored (x1) (26110Y7 authors (.3) (612612, ( 17)6712, (30)120A5 available (.q (211<2A4 avenge (rl) (1616M averaged (xl) (16163/(2 a.eraging (x0 (51t9/11 Brachtel (ep [lµ/g bralu (.24) (5119/11, (S(I9/16, [S119A9, (511921, I6122A, (6122/11, [Q2N12, I16)61A3, (16]61/21- t 16RIR5- [16)6N, 116)616, (16163A 1, [I517L., (15)7215, (25n7A2, [25P'/29, (25190A0, 125)99N, [25)99/23, [261103», 12ai11227, (33113113, (3611aL1 aaY (.2) (11169/10, [I1169A9 brand (.4) (20)145. (20)a0/14, U711a5//, (3711aL13 Cook & Wiley, Inc. brands (J) (20)10/22. 137714V7. (37)11SA3 break (.14) (3110/6, I5)IKI6, (9p6f22, ((9)37/2, (10p110, (10u7A1, (10137Ae- 07]f6/17, (21)9YD, f22155/1, [30111M1. (30111913. (3211261f, (351139f17 breaking (al) (30111M3 breath (s2) (26193l74,12619572 breat6e (r2) (ial9ua, (y196/22 Brlrke6 (xD [7W73 brlet (%D [13).9A broaehed (cl) 19}Wfa brought (xD [2(6/6 Building (x2) (112/3, (H1U1S Burnett (.6) (21101l12, (21p11[3. [211i7127, (211gI/N, (21)02/2, 1211g2A burine. (.1) [311123ftt bura (xT) (z919an0, (25VVL7, (25Na/19, (2.9199I33, (291100/5 Byrd (el) (I)1/16 C cab (ei) (22)a5A{ rafeterla (.1) f21152A7 caklum (a2) (12)KB, (12)K/1a call (..7) [5119/16, (22pi/21, [301120// CaBr (x3) [SI17/13. (21)6Lg calm (rl) (7127R2 came (aT) (stnq~ (aplA. [spvt7. (u}W20. 121)aM. [27p07A6, (3611U6 campalgn (e1) [21)S2A raaar (*1g) (2319N, (23191AI, (23)91/17, (23)91Aa, (23)9M4, t27»2n. (2J192/5, (23)9L5, (2.7192A2, (27I92A5, (2.719N79, (2q93R, (2{(9N6, (2{193H, w)93/17, (26193122, (U»329, (2+)fN5 Can(oe aq (0)29A erbunats (a1) (271107/3 Carehmaa (a1) (9135/ii CaroBna (xD (19)7H10 ' Carroll (.1) [10)72b rJrr3 (2i) W192A0 eartoa (x2) [2q95(2A, I24195/19 CaY (s37) (111/S. (1W21, 11W6, (I)0, (1W20, (1W25. (2)516, (2)6/1. (2)6l3. [2W6, (2W5, (2)V6, (216n, (2)", [2)6/u, (2W21, (2WU, (217A, (217n, (2)7b, R17/10, (2W10, (2WS, (3)9n, [3)N15, (31108, (3)12/la, 13112120. (3120A, 16)2VI2. (913L14, t9)N/11, [10177A, (12)66/1, (22)W10, (26)101/20, (3611a1A cafee (.2) U)6/1. [11613 nt (xp (5129A0 category (a1) (15)S7/S Cathy (.2) [13)19A1, (21)W2S caught (xl) (751100A4 uural (.1) [2119Vi6 Causation (ap (23)9N3 caused (rU [S1t7A2 nuees (.1) (M191A6, 123)12n, (23)92A2, (23192/10, (23192/19, (21193/2. (2419L., (7A193n eea60 (x1) [36113U25 Center (xq (35113V2 central (el) [36116.371 certi(3 (x5) (2W22, (3110A1, (3r)15L5, [36115219, 13911330 chama (.t) P7166/23 change (.16) (1113/1, (6116A2, (10)37A0, (12)tY6, (12)60/9, (l6)L2AS, (1g)NAO, (1!)70A3, (U193A5, (25)97A9, (25)97A1, [231117/16, [321126n9, 132112719. 136114119. (36)161A3 changed (xl) [1)H23 changes (a7) (12166/S, [1216M, [761U/7, (16)Q79, (17)6M7. (2017717, I29111Y7 changing (a1) [321I27A eharaCterlitkJ (x2) (26)106A1, (331131A7 Charin le1) (Sy)0116, [01W2, (9}wY, (9)75A4 chteh (e5) (7127/3, [1I)5619, (11)56116, (27110N, [31113(!1 checkerboard (aa) [S)1M0, (5120J2, (S120A0, (251112R7 checkerboards (cl) ($)20A3 checks (.1) I5)2u/5 chemirt (.2) (2017M1, [20)79/S choke (.2) f25110oH, [2611o0fU ChoPda (el) [16)61/10 clpRtlt (a101) (5)20/21, (6)22BI. (6123/26, [712L3. (7125H, (7)i5/22. (12)t7A, (12)1'lm. (12)6715, (13)90AA, (1/).S3AS, (1a)55A, [161Sb/1g, (1A)547, l15)57A, 1131S9/1). [15)SN22, (15)<GRO, (804) 359-1984 2063124957
Page 50: uuq22d00
ev(dence-INBIFO ENGLE V. R.J. REYNOLDS 5 ev(dco,z (c21 (I41t0at12, (lella9n6 evoked (.42) (41141, [a116/10, 1511L16, (5)1en6, (5)la/Ia, (511t/i9. (511fJ1l, (5)19q, (511f/{, [S)1f/5- [3119n.7, (5120n, (51201I0, (5120f24, (612L11, (10)77ng, DEp7/If, (1o/37n1, (10)3727, (10}A22. [)0131/21, 110U9/S- (10Uf12I, D0)6001, (1oy.0nf. RfH2n, Q21•6n1, (12)w2.5, p$ws, 03{51/13, [16)63/], (17)67v6, [77)67D, OIp69/a, DaR9ru- (1a17pm, (asPcvl6- 1291113/13, (311121n0, [311122/5, (331130R1, I351137f13 E:.mokere (al) (20)79/25 exaggerated (xIl 136111L5 EXAMINATION (.4) (IU/e, (35)1su/1, (371146t13, (311115021 examine f.ll (27j10715 examined' P2) (271106/E6, (3111S2n examhfing (.D (271107119 exception (.1) 139)153n exeuse (xl) [I)i/)0, RI16Q6 Exhibit (.22) [7127/!, (7)26l6, (7121n, (16)63/20, (16)On2, (17)66Q4, (11)71/12, [20)79n, R1)9{/22, [211NrH, [22)/5n, (22)e6/1, 12611oIN, (3p1120/Il, (32117N, (33P30/4, [3e)13Sn2. (3f1136n7, (341136n9, [3/113f/i7, (3l1137/6, [35113L16 EXHIBITS (.2) [112q0, (3]12n3 exiit (xI) 120)7tl11 existence (a)) (16)61n3 Exit-Brand (xl) [30)7972e expect (.2) (291113n0, [291113/27 expectations (a2) R9)11N2S, (301117/1f experknee (.4) (11)607, (17$729, (21)IM1S, (2519gn9 etperlment (a3) [13151n, [15157n3, (3211206 Experimental (x2) (19)75/19, 119)7Si22 experlmenn (.9) (5120n2, (lohg/19, f12)66/I7, D3)5p16, U6$9/6, [19)15R2, (22117n, [321127/5, (37)1a1n2 expert (atO (I)M2, [219N. (215/2, (1716i15, (39)1N/5, (3g)1e91), 13g11e9/9, (31)1H/13, (3611{9n7, t31n49/21, [36)169/2!, (3iI150n, 1331150nn, [31111SU5 expertiee (xD 1361136f1 expiree (xl) (3911Si/5 explanatlon (.3) (5111lDe, [291113n, (291113K explored (el) (27160N2o expreaa (.1) [11)72/19 extension (aD (3f1137/11 External (z2) [3Q133f2S, (36113N extract aO (5119N, [301119n, (301119rs1, (32112L12 extracted (.6) (5119n2, [27)105/3, [27jm5/5, (3o1119ns, [31)12u., [3S]137113 extraction (.2) /271103/10, (301119126 F fam (e23) P W19. 1215l1. l2)Sn. D}S/5. RL1R. [2)7/U, (3110/15, 16122123, [712u1e, hUO/5, [fIN3/12, (71713/if, (11)N/i2, (J5)5gl6, [I5)Si/IS, (25))00n0, (25111015, (311121121, (311121lSS, (3{1133n1. (351110/17, [36111U4. (311119n9 factor (a7) [2319111f, [23191n0, [23)921{, (2e)91fl2, (2619U1S, (2.191711, (36)1d73 Factorf (.3) (17)67n0; 1361133/15, (361163ng factual (e2) (3110116, (3110JU faR (.i) (1)3n0 family (xl) (23190/15 faster (e)) 16122/21 favorable (a1o) [13130125, (13)SI/4, [U)!I/20, (13151124, (13152/S. [131SL'9, (31112V13, [311122/2, 13611447, (3711136 ta: (x3) [121{7120, 112147/26, (13)5L15 faxed (.q [7)26/21, [7126/25, [7127(21, (16)63n9, [21152/19, 01164n2 FBN (tl) (1]1/6 fearful (e1) (S)32p February (eD (1q71n6 fedenl• (.1) [351149116 Fenner (.2) (9)XV3, (913Q1f fifth (xi) [11)63n fi8 (.3) (1!)56tl/, (331130/13, (37)1Q/24 filled (al) (37)14/I Blbt (aQ [21I110/5, (251112/6, (21)112/10, [2g1112n2, [211112115,(301119q, [301119n1, (311112n6 filtration (xl) (371145114 f[nd (.14) (5120/2., (6121n, (6123n3, 06)621H, (V)611, (17)6r/16, (1S169n0, (21161/5- (321119n1, (37)131/I6, (331131n1. 133113129, 133D32N, (33)132/0 f1nYh (d) (3110/24. [3)1025, p11U2/. (712111J, (32)126/5, R31t32/IS, (331132/17 flnYAed (a5) (3111/2. [3111n, (I)16n6, [15),w10, (IS156n1 firm (.1) (IWII llve f.lo) 116161n2, (li)61nd. (16)61n7, (22)LSN. (221a5/5. [22p523, (30111v22, (30)11ar2e. (321125n7, (35u3L19 flve-minute (.1) 117)66/11 Fiagkr (.1) (1120 flavor 1.311 [13151A, (13152/12, (1Q5125, (1/)f5/6, (11}5325, (IS139A, (IS)69110, (15)S9n3, (21)13/20, (21)q/27, [21)1375, [21 Wn, (u)97/N, (27)107n1, (261109n, [31)122/6, (331129n7, (33)130n3, (331130f32, (3311.11)2, (331131n2, (331132/1, [33113261, (3611N2/13- (3611Un0, (3611e3n7. (361113120. [3f114/2.9. (371113R. 1371113n4, (37114,W77 Floor (xl) (q20 FLORIDA (+3) (111n, (Q2/t, [112/id follow (.3) [16155/21, (2210f115, (221W17 follow-up (.2) 12W11, (3)10/14 followed RI/ (9pN followe (aq [1W3 Form (d31 16123N, (7)25n, (12)tSR, [12)6Sn3, (12)f1nH. (ISI59n3. (31112L15, (36116L6, (3611e2lI1, (3611tl117, (3711H5/20, (36115113, (3g1151n3 forma (.4) (13}12121. (16)5N), [311122n2, (311122117 Fonehung (aD [311133/16 found (a)O (6)23t12, (q23/11, (1615Y1, (1e)3Ylo, 117165lu, (jQ69/it, (11170/7, (1g)71Q, (2l)L79, [261111/15, [29)116/20, (291115/22, [31J12L79, [33D32D, (33)13N70, (331132121 Foundation (alf) N115/S. (5117/U, (5117/I9, [5117122, [6Wle, (6124n. (eU2/10, (gpN25, po16o2s, (11141114, (11)6U73, (1S)5frH, (16)62/20. (19P3/2, 121)92/g, (23N1A. 124)93n2, (301120/2,1331129/6 four (x6) (7Wn7, (11)41ng, [13)69f3, (2Q9H5, (261102/18, [26)1047 frame (x) (51111a FRANK (.3) (111111, (112/0, (1WI, [1)3r/, [391153f3 free (aU (24)95/L Frlday (a1) (7)26722 front (.3) (261101110, (29)11UIf, (35113i/10 FTC (.2) (16)tv4, Da171n0 funOt(on (a6) (17)6g/12. [u)69lN, (111Nn6, (1617Nf, (15170/10, (ii)70/1{ fundamental (xl) (20177/19 funded (el) (36113671 fur (.1) (3.1135/1a future (.3) (73)Sa13, (LIlSWU, 1311123/! G G-E-R-D (a) (3663QIg G-U-4l.-0-T-T-A (.1) I1)3!6 gssping (x1) (21193/21 generating (.H (13151121 George (x1) (211gU1 Gerd (.1) (3e1136/I7 Germany (.S) [34113Y12, 13+113U13, (3t)13016, (3NI13tf21, 13S113Ua giggk (ell (32112712 global (O) (3110/3 g)ossopharyngeal UD (16)61/I9 (reatet (a3) 113)5)/17, (13)S1/1g, [21p12/16 grea(en (.3) p3]S1n, (13}9Lw, (13152//11 ground (eU 126)101n grounds (u') (2)6n, [2)H12, (3)107, (Il)LV26, Iasls7n group (a13) (1716g/V, [1716g/21, (1t7if/6, (11)69n, (11)69n1, 11a17L/0, 11a)72n6, (L9)7UIS, (20)79ng, [27116g/iS, (3711a5/8, (3711rB{, [37)1f6.7 groups (at) (IS)6M grow (a1) (e11S/1 gruwe (a2) (qIUt5, (qU/17 guarantee (m1) 8N/13 gueu (il) 11U2/13, [11)61n, [15)60110, (17)69S, R0171/2S, (2419Ue. (3611a9ng GU(.LOTTA , (xi) (111111. [112/0, (1)2R0, (IWI, (113/1, (16)63R2, (22)gOY, 1391153/3 GUTIERREZ (.1) I1J2n2 guy (aD [22)W12 H h)f (.2) [22K5n, (3611an9 hand (x3) (23192/12, [36114V15. (31)ii7/12 happy (.2) 17127/1!, (712N huaq (x1) (111tY2S hard (e2) (11HV25, (1e)5U3 Hayes (.5) n31+9/13. [u1N9n.. 041331), (17)67n2, [22)e5/1 hud (.q (!)16n6, (1e)72n5, (221<7/11, (22)te/3 hnlth (.2) (23)90/23, 125)1p0R1 heart (e2) [2319U12, [D191113 heavily (e1) [2q93/5 held (.3) [I)1/12, [6123n7, [3611a2/1 help (a31 (16151/6, (1515N11. f15)5t/13 helpa (.2) [26)96n0, [2e196/19 Henningf)Nd (-3) I3112n3, (22)S6/6, (22166/f Herman (.f) (fI1/13-(1Pn., (36D52n, (31)152n, (361152no h(gh (O) (1U155fe, (22)/7/6,. [29111U14 higher (es) (20)10/10, (211109/11, [29111123, (321127/2.1 higheet (.5) [19175/10- [1917l/11, (261109/10, 1291114121, 136114p highly-qualified (.i) (22)17n2 hindering (e2) p)1on1, (3111/s hinden (d) (3110/12 Hoag (xp [1]2/2 hold (.4) (9}1Y20, (9)36/23, (9)3S/6, (25199n holding (aD 11eISU12 holdings (el) (121lS/20 home (a(I (16)6N haur (10 (22)15n houre (xl) [I)1/16 HOWARD (xq V)1/1, (2qWl, (2111u5, (211p16, (2711o71g, (271107110 human (z6) (1!)57n3, (16)71b, [10)7Ll, [2q1o3/9, [33)130ne, (3711a7n1 hundred (e2) (121sL21, [3t113H2 HUnton (xl) (111/16 hydrogen (.1) (20)77/11 hydroxide (a2) [i2}KI10, [12166/lg hypothesis (x2) [32)127n, [3N1Lt3n2 Hypothetical (.1) (9U2/23 I Le (.3) (26110U13, [331129/19, [351139n [.v (.1) R2)p7l6 Ian (r20) (3112/22, (3)12nd, (t113110, (1)13n5. [I)15n9, [4I16/1e, (511111, (5117n, D2]i7ru, [21)IL2 (dea (aq (3110n6, (S)32n0, [17]65n2, O7165/26. 1211i1n, (271107117 Ideas (at) (171107/20 Ident)lkJtbn (.2) (16)G1"U, (22)iN2 Ident(fy (.4) 02H7/21, (Yq6H14, (26110215, [2e1111l19 Idemlfying (.1) (215124 Image (at) (21151/17 [mag(ne (ae) [111Mn, [11)M/2, (11)M/S, (21)W16 Immaterld (x1) [11}W2f Immediate (.1) [16162/16 Immunity (.D [3112A Impact (e36) Oel53n., (1e)54'f, (1eWn1, (t61S313, (11155/20, (141551L7. (1a)5", De)Sin2, (1I)f6116, 1151l7n, p5)57A, (15157n6, D5]59n, (15159/11, (1S)59n6, (1S)f9ng, (ISI6GT1, (27110N12, 12n1169/23, [21)116n, [2g1110H, (29111QI, (29111u9, (29111u13, (29117u1e, (331129n6, (3711Yl10, (3711N/11, (3711Yne, 137/1Y/17, (37)1fg/19, [37)IY/20, (37114n1, (37)1eV23, (3711Y/21, (37]taV$ Impacts (al) OA15U13 Impbmentatlon (eD (q29/6 Importance (v5) [331131n1, (36)1tlM, [361142/e, (3671{2n0, 1361113/21 ImpOsalbb (x2) (15155n6, (2qf57 Impreulen (.1/ (12)KMI In-hou5e (+3) Ve)412. (15157D, (331132n6 Inapproprlate (.J) 1712!/S. Ill)Nin, [IS]SV17 INBIFO (.13) (3tP3.n1, (3+1)359, (311135n1, (36113!/12, I3r)13529. (3e)13612. (361136/3, Cook-& WBey, Inc. (804) 359-1984 2063124960

Text Control

Highlight Text:

OCR Text Alignment:

Image Control

Image Rotation:

Image Size: