Tobacco Products Liability Project
Memorandum Re: BAT Science
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
Document Images
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.
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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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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. ~.
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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.

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.
