Tobacco Products Liability Project
Topic: Additives
Abstract
Collection of excerpts form depositions, legislative hearings and letters.
Lists documents such as press releases, excerpts from depostions and legislative hearings and letters regarding additives. Includes assertions that new filters do not require additives; glycerine rather than Ethylene glycon has been used as an additive in Pall Malls; testimony before the House Committee on Interstate and Foreign Commerce explaining the difficulty of submitting information about additives to the Surgeon General. Provides excerpt of Kloepfer statement before the House hearings on Cigarette Labeling and Advertising (1969) regarding the terms under which research on Chemosol is to be conducted by the Hazelton Laboratories.
Fields
- Named Organization
- American Tobacco Company
- Surgeon General of the United States Public Health Service (U.S. Federal government public health advocate)The U.S. Surgeon General's office has found since 1964 that tobacco use causes disease in humans.
- High Tor Foundation
- *Department of Health, Education, and Welfare (HEW) (use United States Departmen (use @hew_dept)
- Chemical Research and Development Corp.
- Hazelton Laboratories (Associated with CTR)Hazelton Laboratories did major testing in the laboratory for tobacco companies (D. Purser 4/22/94).
- Brown & Williamson Tobacco Corporation (B&W)Subsidiary of BAT U.S., located in Louisville, KY.
- Larus & Brother Company
- Liggett & Myers Inc. (Pioneer in the generic cigarette business)Cigarette manufacturer; Pioneer in the generic cigarette business; L&M is the manufacturer of Chesterfield, Decade, Dorado, Duke of Durham in 1958, Eagle, Eve, L&M, Lark, Pyramid and Stride cigarettes
- Philip Morris & Co. Ltd. (Cigarette manufacturer, incorporated in U.S. in 1902)Philip Morris & Co. Ltd.., was incorporated in New York in April of 1902; half the shares were held by the parent company in London, and the balance by its U.S. distributor and his American associate. Its overall sales in 1903, its first full year of U.S. operation, were a modest seven million cigarettes. Among the brand offered, besides Philip Morris, were Blues, Cambridge, Derby, and a ladies favorite name for the London street where the home companies factory was located - Marlborough.
- R.J. Reynolds Tobacco Co. (Cigarette manufacturer (Camel, Winston, Doral))Cigarette manufacturer (Camel, Winston, Doral)
- United States Tobacco Company (Producers of Copenhagen/Skoal chewing tobacco)Producers of chewing tobacco
- Covington & Burling (Tobacco Industry law firm)Tobacco industry law firm. Was involved in organizing the Whitecoat Project.
- Named Person
- Hahn, Paul Meyer (ATC President (1950-63); TIRC Chairman (1954))
- Gray, Bowman Jr. (Chairman for RJ Reynolds Tobacco Company)1907-1969
- Kloepfer, William J., Jr. (TI Public Affairs VP, c. 1988)Senior Vice President of Public Affairs Relations for the Tobacco Institute
- Hudson, Perry B., Ph.D. (High Tor Foundation, President)Plaintiff
- Jacobs, Leon (Dr.)
- Austern, H. Thomas (Tommy) (TI Attorney, Covington & Burling c. 1967)Attorney with the tobacco industry law firm Covington & Burling, circa 1968.
- Date Loaded
- 08 Jan 2003
- Author (Organization)
- Various
- Type
- List
Document Images
Subject to Claims of Privilege and Confidentiality:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
Topi c: ADDI~ IV'~S
Press Release, "~.erican Tobacco Announces
Radically Ne'~ Filter on ~it ~arade Cigarette"
w/Attac:-.-~.ent, Paul Eahn (6/2/5~) at 2 (1-2 of
Mr..=.ahn poin'~ed out that:
2. No additives in tim
Ordinary filter filaments require a plasticizer
or addi.;ve~ to bind them together in a fi!te:
tip. Other substances are sometimes added to
"tighten up" such silters. ~owever, the new
~IT ~RADE tip does not require any additive
in order to perform its high filtra:ion £unc-
tion. The ~IT P~ADE ~ip is made o~ Du:_._.~e cel-
lulose and pure cellulose only.
Answers to Interrogatocies of AB in Weave: (4/9/~9)
at 4:
31-32. Ethylene glycol has never been used
in Pall Mall cigarettes. GIyce:ine, whic-h is the
same as glycerol, has regularly been used as a
humec~an~ in the production of Pall Mall cigarettes.
House ~earings - Cigarette Labeling & Advertising-
Committee of Interstate & Foreign Commerce,
statement of Bowman Gray (6/25/64~ at 149:
My question is: Has anZ request been made
to your company to sup~ly the Surgeon General with
the ingredients that you use in your cigarettes?
Subject to Claims of Privilege and Confidentiality:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et
Mr. GRAY. Not to my knowledge, sir.
Mr. YOt~G Would there be any hesitancy on
your part to furnish the Su=geon General those
ingredients for examination?
Mr. GRAY. The natural reluctance to disclose,
Mr. Younger, what has always been known as a "trade
secret" insofar as what we use in the flavoring
of the tobac:os; that is, the sugar, the proportions,
and whatever tha: type of thing is. We have never
had that request. I do not know that we wcu!d deny
it. I know of nothing in there that would cause
any of us any e~bar:assment.
Mr. YCU~;GER. That is what I should think.
I can't understand why the Surgeon General should
feel that he ought ~o have :he authority by !egls-
!atlcn to demand and under penalty force you to
give these ingredients for their examination.
Mr. GKAY. As I say, I think each of us be-
lieves, perhaps erroneously, that we each have a
little bit hotter way of hand!in~ flavor than the
other fellow and we have not been anxiousto tell
him what we were doing because we did noc wan: :o
lose whatever competitive advantage we might have
in a better flavor of the cigarette than the o:her
nan.
Mr. YOUNGER. I can well understand as to the
percentage of ingredients that were mixed here or
there. But the ingredient itself, regardless of
the percentage that is used, seemed to me something
that you could furnish to the Surgeon General if
he wanted it for examination purposes. I do not
think, if you had an ingredient in a cigarette tha~
caused this difficulty that you would want to con-
tinue to use it.
Mr. G.:tAY.
place.
It would not be used in the first
Mr. YOL~GER. You would have no hesitancy if
the Surgeon General requested it of giving him =he
ingredients for examination?
Subject to Claims of Privilege and Confidentiality:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
Mr. GRAY. I think pe_rhaps I would like to
get some assurance. Of course, everybody in the
business are nice people but I do not want to do
thz~ any favors, my competitors, as to the disclo-
sure as to what we are using.
Mr. YOL.~GER. In the Pure Food and Drug Ad-
ministration they do have tha: authority.
Mr. G.~AY. Yes, I understand.
Mr. YOh".:~R. So far as w~ knew, and from the
inveB~iga'.ion at least in the hearings I have par-
=icipated in, we have had no c..'estion of the Pure
Food and Dr"~g Administration givin~ trade secrets
...e puDi'~ o_ :o other people man'afact-uring the
sa: o drug
Mr. GRAY. I understand.
~ouse Eearings - Cigarette Labeling and Advertising -
Co.T.~ittee on !n=erstate & Foreign Co.~t-~erce, state-
ment of William Kloepfer, Jr. (!969) at 669-571:
Mr. KLOEP:"ER. . . .
With your permission at the outset, and before
I review my prepared statement, I would like to make
a reference to a matter that arose during the morning,
and which may have left an unfortunate impression
before the co~tmittee as to the record.
The matter I am referring to has to do with
the compound called Chemosol. A statement was
made here that an interest in this had be~n expressed
by the manufacturers of cigarettes, and that interest,
as I recall, was characterize4 as a charade.
I wish to offer, if I may, for your record,
correspondence which I think will correct that im-
pression, correspondence which will show that nine
manufacturers of cigarettes, who manufacture better
than 99 percent of the cigarettes in this country,
did, on August i, 1967, offer to test or have tested,
I should say, the compound known as Chemoso! in an
independent laboratory, and a: their expense.
Subject to Claims of Privilege and Confidentiality:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
That offer remains standing today. It has
been renewed on two or three occasions. AS yet
the proprietors of the compound have not agreed
to the offered independent tes: for that purpose.
In addition to this correspondence, I would
like to offer for the record a letter to Dr.
~erry B. ~udscn at ~igh Tot Foundation, dated
=eceaber 20, 1968, from the Deputy Assistant
Secretary for Science of the Department of Health,
Education, and Welfare (see p. 672), which acknowl-
edges receipt from Dr. ~udson of material relating
to Chemoso!, and me=erie! purpc:ting to describe
its properzies, and concludes with this passage:
~e cannot, of course, make any representa-
tion concerning your data. In the tradition
of scientific investigation, your results should
be presented in such fashion that they can
be subjected to the scrutiny of the interested
scientific community. Your results must be
corroborated by other scientists working inde-
pendently before they will be accepted by the
scientific cow, unity. Undoubtedly, this will
require some limited disclosure of the formula
under appropriate safeguards to protect the
owners. As you and ~ have discussed, on many
occasions, the significance of these chemical
and biological data, as they may relate to
man, would also remain to be established.
The letter is signed by Leon Jacobs, Ph.D.,
Deputy Assistant Secretary for Science, Department
of ~ealth, ~ducation, and Welfare.
with your permission, Mr. Chairman, I would
like to have these documents included in £~e record.
The CKAI~MAN. Without objection, they may
be included in the record.
Covington & Burling
Washington, D.C., August i, 1967
CHEMICAL I%~SEARCH ~ND D~/~-LOP.V~--NT COKe.,
515 Madison Avenue,
New York, N.Y.
Su5|e©t to CI~m~ ol Fri~IIe~e ~.d Co.BdeutiaB~:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et ai.
~NTLEMEN: On behalf of each of the nine ciga-
rette manufacturing companies, listed below, I have
been authorized to present for your prompt considera-
tion a proposal for an independent, comprehensive
scientific testing and evaluation of the ful~ addi-
tive composition foc cigarette tobacco called "Chemosol"
to which you have informed us your Cor~ration owns
the rights u~n which you have one or more issued
United Sta:es pa:ents or ~nding United States patent
applications.
The proposal in this letter has been developed
following the visit of the several tobacco company
research scien:ists to the laboratory of the
Tot Foundazion, ~nc., on July 20, 1967.
while it is the position cf these csmpanies
that there is no scientifically established relation-
ship between the testing of mice (and in particular
by the subcutaneous injection of condensates in
mice), and smoking and health, or any scientifically
demonst:ated significance in the results of animal
testing as related to human smoking, they believe
that it would be useful promptly to develop and
carry out a program for an independent and extensive
scientific testing of the "Chemosol" composition
and the process utilizing it for addition to cigarette
tobacco, including the replication of the work of
Dr. Perry V. ~udson and his colleagues.
The companies are therefore willing to under-
write the costs of that proposed independent testing
program.
We are therefore proposing the following specific
program to protect whatever interests the Chemical
Research and Development Corpo=atlon, Dr;-Eudson,
or others associated with you may have, as well
as the interests of the public and. the industry.
I. The Eazleton Laboratories of Falls Church,
Virginia, an independent scientific testing agency
of acknowledged competence and repute, is to be
employed as the testing agency. An adequate pro-
tocol covering testing methodology, sample size,
the use of control cigarettes, the determination
of any potential toxicity, and any organoleptic
Subject to Claims of Privilege and Confidentiality:
Produced Pursuant to Court Orders in State of Minnesota, et al. v. Philip Morris, et al.
testing to be included will be prepared by the
scientific research representatives of the par-
ticipating cigarette manufacturing companies.
2. The Chemical Research and Development Cor-
poration would undertake, upon receiving adequate
:~surance against any disclosure of any confidential
.aformation as to the comp<)sition or character of
the "Chemosol" for additive, to furnish all neces-
sary quantities of "Chemosol" for the preparation
of test ciga.-ettes. The cigarette manufacturing
companies will, in turn, undertake to assist in
making available the most modern deve!o.Ded cigarette
smoking .-.achines and other needed testing eq.'i..-m.,en'..
3. The participating co:panies will pay and
share, in accordance with a formula to be determine~
among themselves, the full costs of the testing
program. The contract with ~azleton Laboratories
is to be with the participating cigarette manufac-
turing companies.
4. The Chemical Research and Development Cor-
poration, Dr. ~udson, and all others having any
tights in the "Chembs~l" composition or process,
will undertake to make available to any cigarette
manufacturing company so requesting, upon. mut~-
ally agreeable terms, whatever rights, if any, they
have in that composition or process, and will furthe:
undertake to accord ~o each applying cigarette manu-
facturer terms and conditions as ~avorable as those
• previously given or thereafter given to any other
cigarette company, whether or not a participant
in the program here proposed.
5. This program.envisages and it is to be
understood that the Chemical ~esearch and Develop-
merit Corporation and Dr. ~udson will be entering
into the proposed progr&~ voluntarily and that no
confidential relation is to be established by the
program between the Chemical ~esearch and Develop-
ment Corporation, Dr. Hudson or anyone associated
with them, and any participating cigarette manufac-
turing company. No compensation is to be paid to
anyone other than to the ~aze!ton Laboratories in
accordance with the cont:act to be entered into
with that testing organization. If any cigarette
Subject to Claims of Privilege and Coufidentiafity:
Produced Pursuant to Court Orders in State of Minnesota~ et al. v. Philip Morris, et al.
manufacturing compan~ determines not to make any
application ~or the "Chemoso]." composition develop-
ment, then the rights, if any, of the Chemical Re-
search and Development Corporation, Dr. 5udson,
or any other person owning any rights in such devel-
opment, shall depend entirely upon the validity
and scope of any patient claim obtained in an issued
United States patent, or upon any other lawful rights
any such person may now possess. The proposed progr~n.
shall neither increase nor diminish any existing law-
ful right of any party. The Hazelton Laboratories
are to be authorized to furnish to each of the par-
ticipating cigarette manufacturing companies the
results of the testing prog:am, other than confidential
da'_a as to the com.:x)sition of the "Chemosol" fuel
additive.
We believe that the prompt implementition of
this proposal would be in the public interest and
that of all parties concerned and warrants your
prompt consideration.
Very truly yours,
H. TROHAS A~TE.:tN.
On behalf of:
The American Tobacco Company
Brown & Wi!liamson Tobacco Cur[mutation
Larus and Brother Company, Incorporated
Liggett & Myers Tobacco Company
P. Lorillard Company
Philip Morris Incorporate~
R.J. Reynolds Tobacco Company
Stephano Brothers
United States Tobacco Company -_
Senate Seatings - Smoking Prevention, Health
& Education Act, statement of Curtis Judge
(5/12/83) at 17:
The provisions of Section 5 of the bill re-
quiring all companies to report a complete list
of each chemical additive used in the manufacture
of cigarettes to the Secretary of HHS, the Secretary
in turn to report that list to Congress, complete
SuHect to Claims of Privilege and CoufldeutiaHty:
Produced Pursuant to Court Orders in State of Minnesota, et el. v. Philip Morris, et
(s~c) ~gnoces the ex~stin~ disclosure
worked ou~ last ~ea~ ~n good ~aith between the
cigarette manufacturers and HHS, which agreement
Secretary Brandt praised during this testimony in
the Souse in March, in which he called an opportunity
to learn a great deal just last week.
Pursuant to that agreement, the manufacturers
have made available to RRS with suitable safeguards
to protect this highly sensi:ive com.~ercial informa-
tion a list of their co~on!y used ing:edients and,
as Dr. Brandt pointed out to this committee, those
ingredients used in large quazZities bZ any single
manufacturer.
8
Subject to Claims of Privilege and Coufideutiafity:
Produced Pursuant to Court Orders In State of Minnesota, et al. v. Philip Morris, et al~
