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Tobacco Products Liability Project

Memorandum Re: BAT Science

Date: 17 Feb 1986
Length: 3 pages
282002796-282002798
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Abstract

A number of projects are identified from among the studies being conducted at the laboratories of affiliated companies in different countries from which B&W will recieve concise reports despite the risk that such reports may serve as road maps for plaintiffs' lawyers due to RD&E's interest.

Fields

Recipient
Pepples, Ernest, J.D. (BW General Counsel and Sr. VP)
Type
Medmorandum
Author
Wells, John Kendrick, III (BW, Assistant General Counsel)
In a 1/17/85 memo, BWT corporate counsel J. Kendrick Wells said he had advised Earl Kornhorst, BWT's VP for research, development and engineering, on the need to prune scientific reports from his files. Wells marked certain reports with an X to designate those that were "deadwood in the behavioral and biological studies area". The Janus studies--secret program of biological research on the effects of smoking which showed tumor growth in animals--should be treated as "deadwood". These documents should be segregated, boxed and put in the basement for possible shipment to BAT Industries in England, but no one "should make any notes, memos or lists of the documents" (LAT 8/2/94).
Named Organization
B.A.T. Industries PLC (BAT)
British American Tobacco Industry, parent company of Brown & Williamson Tobacco Co. in the U.S.
Named Person
Kohnhorst, Earl E. (BW President of US Business)
Earl E. Kohnhorst was the Director of Research for Brown & Williamson. (PMI's Introduction to Privilege Log and Glossary of Names, Estate of Burl Butler v. PMI, et al, April 19, 1996). In 1994, Kohnhorst was Executive vice president and chief operating officer of Brown & Williamson Tobacco Corp. (LAT 8/2/94). He was also vice president for research, development and engineering, BWT in 1985. (LAT 8/2/94). In a 1/17/85 memo, BWT Corporate Counsel J. Kendrick Wells said he had advised Earl Kornhorst, BWT's VP for research, development and engineering, on the need to prune scientific reports from his files. Wells marked certain reports with an X to designate those that were Deadwood in the behavioral and biological studies area. The Janus studies, secret program of biological research on the effects of smoking which showed tumor growth in animals, should be treated as deadwood. These documents should be segregated, boxed and put in the basement for possible shipment to BAT Industries in England, but no one should make any notes, memos or lists of the documents (LAT 8/2/94). Kohnhorst wrote a 4/26/85 letter re: carbon monoxide . It mentions development of Fact cigarette prototype which was designed to deliver low carbon monoxide. It describes shredded dried stems process which results in carbon monoxide reduction (E. Kohnhorst LT 4/26/85).
Esterle, J. Gilbert (B&W Research, Development & Environ. Dept.)
J. Gilbert (Gil) Esterle worked for B&W in the RD&E Department. He was involved with Cigarette Evaluation & Design and Filter & Cigarette Design in 1964. He was Manager of Research & Development in 1977 and Manager of Chemistry & Development from 1970-76. Esterle was Department Head of Scientific Liaison from 1987-88, Department Head of External Technical Services from 1985-87, and International & External Technical Services Department from 1979-85. He was also Section Leader of Chemistry from 1966-69, and Chairman of ALEPH Foundation in Southampton in 1987-88. Gilbert Esterle was a Brown & Williamson scientist. (PMI's Introduction to Privilege Log and Glossary of Names, Estate of Burl Butler v. PMI, et al, April 19, 1996) Esterle is knowledgeable regarding document destruction. He met with Wells to discuss Deadwood. (Source: Multi-State Deposition Team - Identified Individuals May 9, 1997)
Gordon, David L. (BW RD&E Project Planning Manager 1985)
Defense
Date Loaded
08 Jan 2003

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Page 1: 282002796
TO: FROM: DATE: RE: C E. Pepoles 3. K. Wells, Ill Corporate Counsel BAT Science DOC 24 Pursuant to Earl Kohnhorst's request, ! met with Earl, Estetle and David Gordon to discuss whether 8&W should receive reoorts from certain projects to be done at the laboratories or affiliated com~anies. Earl had already decided that he was interested in only a few o? the projects offered and was called away shortly after we started. The abstract or the "interested" projects is attached and the project numbers used in this memorandum.refer to the "accession number." A second abstract is attached which Includes all ongoing projects. ! counselled Cil and Oavid that we should approach these p:oJeccs on the basis of whether the reports are limited to the information from good science and whether the information is useful in the United States market. Out market is a "tar" and nicotine market, and Information pertaining to other constituent delivery levels and biological effects will not be helpful. B&W will receive concise reports, estimated, to be about one-half page in length, twice each year for each project it wishes to follow. While the brevity of the ~epo~ts will reduce the potential for receipt by B&W of information usefu~ to a plaintiff, disadvantageous information could be included and the reports could serve as load maps fo~ a plaintiff's lawyer. I have advised that we can receive reports from some of these projects notwithstanding the risk. The reason is that we cannot shut out the fZow of lnformatlon: the BAT will rind ways to get Info~matlon into 8&W from the scientific projects it is running in its laboratories worldwide. The only way BAT can avoid having information useful to plaintlff found at is to obtain good legal counsel and cease producing !nro:matlon in Canada, Germany, Brazil and other places that is helpfui to plalntlffs. No. 430: Among thlnqs of interest, the project apparently ~ntenOs to investigate the retention of smoke particles in the respiratory tract. Such data could be used by the plalnti?f. Cc cJ UCSF10086 282002796 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
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-2- I have taken under advisement the question whether B&w should receive reports from this orojec~. I Orooose to suggest to RO&E that we ask for mote information before we deci0e. The vo:k will occur in Germany, and the German scientist who designed the program should seek counsel before providing the additional information. Hopefully, the proOlem area will disappear. NO. 51a: RD&E iS interested because aooarently the oroJect znczuOes work on better quality low delivery c/garettes. However, the descrlptlon contains a statement that the low delivery is intended to "satisfy another Identlfled consumer need for personal reassurance." The project will be done in the U.K. David w111 ask for more information about the *Otk to be included in the project before requesting reports. No. a87: RD&E is interested in work dealing with sidestream smoke reduction, but is not Interested in the biological testing of products produced. Oavi~ will explain this to Allen Herd and ask whether projects could be run without biological testing. No. a96: After discussion, RD6E is not interested. No. 313: RO&E is interested in information which relates the "tar"/nicotlne ratio to subJective smoke quality. However, this project could produce ~ata pertaLning to nlcotLne suc~ as p~armacological Information-which would be helpful to plaintiffs. RO&E will begin receiving this information, but will not be interested unless the work deals predominantly with subjective smoke quality. No..~31: After discussion, RO&E decided it is not interested . No. 305: RO&E viii receive these reports. NO. ~5~: R0&E is interested in information pertaining to the ~oze or nicotine in the smoker's subjective perception of smoke quality. If the reports stick to research data, the reports would be interesting. However, if the re~orts include discussions of pharmacological effects of nicotine, the information will not be interesting and would be heloful to the plaintiff. RO&E will begin receiving reports from this activity and be preoared to inform BAT to cease sending the data to B&~ if the science is not interesting. I recommend you discuss the problems Involved in the projects with counsel fo~ the BAT companies involved. 3. K. ~. IktO173a UCSFlO087 282002797 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
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Canada 39 ~9 313 331 ~ 32~ 329 305 ,.-" ~05 430 ~ ~0 453J 469~ 47~ 494 495 $00 496~ Total ~fforc FJccluded: ~ico~!ne, ~i~race & ffi~rosa=[ne Va. & Bur. 81end Additives BioloKical ~--.~" ~ Mainstream BloloK/cal Smokeless Products Blololical S{descrea~ Irritation J~mbienc Smoke Cu~s Pe~ Inch Nicotine ~i~hin the Smoker ~ ~CL Core Slends Smoke Indices Degradable CbenicaZ Filtration Product OeveloF:enc & Irmova:ion ~.~ Nlcrosamines Free Radicals Bfo~oKy: Lea~ Studies B¢oIoKy: ~es ~bienc Smoke ~lccoss:ines Other Smoke Coeponencs 01 UCSFlOO88 282002798 Subject to Claims of Privilege and Confidentiality: " Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.

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