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Subject to Claims of Privilege and Coufidentlality: Produced Pursuaat to (~ourt Orders in State ofMianesot~ e¢ al. v. Philip IV[orris, et al.

Topic : AWA.~ENESS OF CLAI.~ED HAZARD/DANGER (COMgANY)- 1954 Annual Repot: at 6-7 (Levitt draft composite at 19): 2. The scientific community, the press, and other media of 9ublic information, as well as people who enjoy smoking, have begun to recognize that the tobacco indus- try is honest in its approach to the health question and that it seeks an impartial, objective answer. Press ~elease: "~nerican Tobacco Scientist Discloses Facts Behind Tareyton Filter," Dr. ~. ~. Hanmer (3/12/64) a: !: "Let me make it clear," Dr. Hanmer said, "that we do not make health claims for Tareyton or fof~any other of our brands. At the ssme time, we believe the public is entitled to know the facts behind Tareyton, the first cigarette with an activate4 charcoal filter." Press R~lease, "AT~eports Anticigmrette CMarges," Lavic/ Walker (4/20/67[?]) at i: "The Cigarette Controversy," a booklet presenting eight unresolved ~uestions on the anticigarette theory, is being mailed to more than 140,000 stockholders of The ~erican Tobacco Company. The study reviews research done oven the last fifteen years and concludes that, in the absence of medical evidence, "the question is still an open one." 4. ~ress Release, "AT Co.," (11/26/53) at=l: Paul M. Hahn, President of The American Tobacco Company, took issue today with what he called loose talk on the subject of smoking in relation to lung cancer. Stating that the public should be reassured on the subject of smoking and health, he pointed out that no one has yet Z52004990 P Sab|~ect to Claims of Privilege and Confidentiality: Produced ursuant to t~ourt Orders in State ofl~[inuesota~ et aL v. Philip Morris, et ~!_

proved that lung cancer in any h=~an being is directly traceable to tobacco or to its products in any form. Mr. Rahn's statement, the first of its kind by any Amer- ican cigarette manufacturer, was made in answer to in- quiries as to what the company is doing to meet the apparent concern of smokers about the effects of ciga- rette smoking on health. Mr. Hahn's statement was as follows: "Believing as we do that cigarette smoking is not injurious to health, I feel that a statement of reassurance to the public should be made. "What the public wants to know about is whether it is true that smoking has been proved to contrib- ute to the incidence of lung cancer. The fact, of course, is that it has not bee% so proved." 5. "A Yrank Statement to Cigarette Smokers," TIRC Paid Ad in N.Y. Herald Tribune (1/4/54} at x: KECZNT RZPORTS on experiments with mice have given wide publicfty to a the6~y that ~igaret~e smoking is in some way linked with lung cancer in human beings. Although conducted by doctors of professional stand- ing, these experiments are not regarded as conclusive in the field of cancer research. However, we do not believe that any serious medical research, even though its sults are inconclusive shoul~, be disregarded or lightly dismissed. At the same time, we feel it is in the public inte- rest to call attention to the fact that eminent doctors and research scientists have publicly questioned the claimed significance of these experiments. Distinguished authorities point out: i. That medical research of recent years indicates many possible causes of lung cancer. 2. That there is no agreement among the authorities regarding what the cause is. 25ZOO4991 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State ofMinnesota~ et aL v. Philip Morris, et al.

3. That there is no proof that cigarette smoking is one of the causes. 4. That statistics purporting to link cigarette smoking with the disease could apply with equal force to any one of many other aspects of modern life. Indeed the validity of the statistics themselves is questions by n~erous scientists. we accept an interest in people's health as a basic responsibility, parazount to every other consideration in our business. ~e believe the products we make are not injurious to health. Xe always have and always will cooperate closely with those whose tas< it is to safeguard the public health. Regardless of the record of the past, the fact that cigarette smoking today should even be suspected as a cause of serious disease is a matter of deep concern to us. Deposition of Dr. Harvey B. Raag in Green v. A__T (10/31/59) at 19, 19A, 20, 24, 25, 27, 28: Q From time to time would you tell us whether or not you have seen in the scientific literature claims that there is a relationship between smoking and the. development of lung cancer? t • • A Yes, si:;-I have. Q Rave you called the attention of any of the sonnel of American Tobacco Company to this literature at any time you have seen it? Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State ofMinnesota~ et aL v. Philip Morris, et al.

A I might have; I might have easily done that. Q I mean, do you believe that you have or have not? A Well, I know in one case, for instance, we wrote a paper bearing on this matter, of cancer of the lung in the workers of the cigarette factories, in which Mr. ~a~er collaborated. Q Before that had any literature been called to their attention by you, or had you discussed the fact that there was scientific literature that at least al- leged that there was a relationship? A Yes. We had talked, naturally, through the yea:s about the various health allegations brought against smoking, so this would fall in-:that general area. Not only cancer allegations but other things. Q Let me go back now. When to the best of your recollection did you first have, if you had, any discus- sions with personnel, Mr. Hanmer, or anyone else, with respect to the possible relationship of smoking and cancer?- -- - A Well, I became a consultant wi~h the Company some twenty-five years ago, or more, I mean approxi- mately that. And so it could have been around that time. Q And since that period of time you have had o:her discussions with respect to whether it does or does.no: have any relationship, have you not? A We talk frequently about many of the problems that come up with respect to questions involving ciga- rette smoking and health. Q I want to, if I may, specifically limit this to smoking, that is the possible relationship of smoking and cancer. You have discussed-that with them? 2~2004993 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State ofMinnesota~ et aL v. Philip Morris, et _~!_

A Oh, sure. I mean as the literature has indi- cated. O Doctor, let me just ask you if you are familiar with, or have read, or have heard o~ some of the scien- tific studies? Are you familiar with the studies of Ham- mond and ~orn, with respect to I believe it was 180,000 people who were followed up, and who are presently liv- ing -- A I am familiar with it. ~ could not recite any details at the moment. It would require that I study the paper at the moment, but I an familiar with the fact that they wrote the paper, ~nd at one time [ went through it very carefully. Q And is it correct that they drew a conclusion that there was a relationship, their conclusion? A You do not have that article with you, do you? Q Not complete. I have an abstract. A They have written a few articles, as you kncw. There was an association, I remember very definitely. Q Has anyone to. your knowledge attempted to corre- late or claim to correlate changes in lung tissue, patho- logical changes, with the degree of smoking history that they supposedly had, ! mean autopsy-wise, after their death? A I think attempts have been made, but at the moment I could not give you the specific authors or specific references, or specific findings, actually. Q Do you know whether Dr. Auerbach attempted to do that? Was that the general area of his inves=igation? A There again, I would hesitate ~: I do not want to appear uncooperative -- but to make a statement re- garding Dr. Auerbach's wock unless I had the article available. 252004994 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State of lVtinnesota~ et aL v. Philip Morris, et at

Q Do you have any general idea as t~ what his ~ f inquiry was, that is Dr. Auerbach? method or fi..d o Was he a chemist or -- A No. My impression is that he was a pathologist. He might be a chest surgeon, Oh, I really don't know. Q Are you familiar, or did you read or ever dis- cuss with the ~erican Tobacco personnel the report of the study ~rou~ which was a combined effort of the ~merican Heart Association; The American Cancer Society, the National Institute of Cancer; and the National Heart Institute? Are you familiar with the report I am refer- ring to? A Yes, Q Did you ever discuss that particular report with the American Tobacco Company personnel? A I imagine we did. We discussed so many things that it is rather difficult for me to catalog absolutely everything we have discussed. ~ do not keep a diary of what I do, but I should think we might have talked about it. ~ Could y6u-~ive us again what your'opinion is of that, of their findings? A There again, I would have to have an opportunity of going over the article. Q Do you know of any of the people who participated in that particular study? A At the moment I do not even really recall the names. I am sure you do. ~: Q Are you familiar with Dr. Heller of the National Cancer Institute? A I don't know him personally, i have heard of him but I don't know him personally. 2S2004.995 Subject to Claims of Privilege and Confidentiality: Produced Pursuant to Court Orders in State ofMlnnesota~ et. aL v. Philip Morris, et

Q Has to your knowledge the Public ~eaith Service of the U.S. Government taken any stand with respect to this particular question of smoking and cancer? t t • A It is my impression that Dr. Burney issued a statement to the press. Now the exact wording of that, I don't know. That I suppose represents the feeling of the Public ~ea!th Service. Q Do you know of your own personal knowledge, naturally based upon your own education, your reading, and wherever your knowledge comes from, whether there has been an increase in lung cancer over and above the increase in other types of cancer of the body in the past twenty years or so? A Well, there seems to have been an increase in the reported incidence, which according ~o many observe:s at least is due to a better diagnosis. Q But has it been limited, though, to lung cancer, I mean the diagnosis being better there, or all cancers, in other words, has it come to your attention that lung cancer in particular has increased or at least alleded!y increased over al~ (Tther types of c~ncer? A Well, as I said, the reported rate of lung can- cer has increased, which according to several observers reflects better diagnosis. Q There is not unanimity of opinion as to that being the reason, is there? Q Tell us whether or not there is unanimity of opinion as to that being -- A No, no. There is not unanimity of opinion. Q Are you familiar with the studies done on medi- cal doctors in England by Doll and Hill? A Yes. But there again, that is in a general way. At the moment I could not give any details. Subject to Cta/ms of Privilege and Confidentiality: . Produced Pursuant to Court Orders in State ofMinnesota~ et al. v. Phihp Morris, et

Q In a general way, what did that hav~ to do with? A That had to do with the incidence of lung cancer and death rates from various causes, among a group of physicians. Also relating to their smoking habits, as obtained through a questionnaire. That is my general idea. Q Do you know whether you discussed that particu- lar study with the A~erican Tobacco Gompany personnel? Or how about Mr. ~a~e~? A As I said, Mr. Hastings, it is difficult for me to pick out isolated papers, but I am sure that we during our discussions, that this has come up. But if you should ask me when and where, I just couldn't say. Deposition of Dr. William R. Harlan in Green v. AT (i0/31/59) at 126-128: Q This particular list which was prepared, Plain- tiff's Exhibit 1 for Identification, are you familiar with that list of periodicals that were in your posses- sion for the five years prior to iE56.? A Yes, sir; I have read it. Q With respect to the original investigators from a statistical standpoint, such as Dr. Hammond and Dr. ~orn's studies, the Doll and Hill studies, you have read those studies, or heard of them? A I have heard of them; yes, sir. Q And also the one involving the 200,000 veterans of Dr. born's, isn't it a fact that those studies showed a relationship between smoking and cancer? A I would say that it showed, that they say it shows an association. Q They did not say it was an actual causal rela- tionship, to the best of your knowledge? 252OO4.'~97 _ Subject to Claims of Privilege and Confidentiality: Produced l'ursuant to Court Orders in State ofMinnesota~ et al. v. Philip Morris, et

O In your o~n£on d£d they show a causal relation- sh£p? A I am not a statistician, sir, but I would say no, in my opinion. Q In your opinion did it show an association? A As I understand association, yes, sir. Q By association, you mean what? The more that a person smokes the more the likelihood of the develop- ment of cancer, a hi~her risk, would you say? A. Yes. It shows an association there, but there may be some exceptions, however, if all=of the data is taken into consideration. Q. Do you know of any other original studies that : have been done other than those that we have mentioned, the Hammond and Horn studies, the Doll and Hill s~udies, the Dr. Dorn studies? Put it this way: Are you familiar with any studies ~hat have been made }n these lands, in France, in Norway, -- this is statistically now, of any large groups -- how about the Netherlands? A I don't remember any particular'ones. Q Of any large population groups now, are you f~miliar with any other studies other than those I have mentioned? A Within this period of time, you mean? Q Yes. up through about 1956--weli, I guess Or. Dorn would be since 1956, isn't that right? A Yes, sir. No, I don't remember any prior to 1956. Q. Those studies, Dr. Harlan, were what they call prospective studies, that is to say, of people living, who are going to be observed to see what happens to them, isn't that right? In other words, they took the P Subj_ect to Claims of Privilege and Confidentiality: Produced ursuant to ~our¢ Orders In State oflV[Innesotav et aL v. Ph!!!p Morris, et