United States v. Philip Morris USA Inc.: Amended Final Opinion

Industry Technical Committee

Industry Technical Committee

  1. TIRC designated the research directors of its tobacco company members as the Industry Technical Committee ("ITC") in January 1954. The research directors on the first ITC included representatives from American, B&W, Lorillard, Philip Morris, and Reynolds. JH000395- 0400 (US 21178); TLT0901400-1410 (US 88187); see also USX6390001-0400 at 0011 (US 89555).

  2. The ITC provided technical information to the TIRC SAB concerning tobacco, its constituents, and other matters. The chairman of the ITC was invited to sit in on all SAB meetings in order to ensure coordination between the SAB and ITC. Members of the ITC attended SAB meetings and answered questions from the SAB. Zahn PD, Cipollone v. Liggett, 12/16/86, 107:2-11, 107:20-108:23, 113:6-8, 114:6-9; Zahn PD, Massachusetts v. Philip Morris, 5/28/98, 77:4-18; CTRMIN-SAB000001-1061 at 0002 (US 21146); CTRMIN-SAB000001-1061, 70011735-1757 (JD 090960); CTRMIN-ITC000009-0011 (JD 95519); ATX300000015-0017 (US 21129); CTRMN039046-9106 (JD 092825); 500500320-0323 (US 20633); 955036231-6240 (US 32364); 950148087-8088 (US 32347); 507079688-9689 (US 29831).

  3. At a 1967 ITC meeting held at CTR, with representatives present from CTR, Chadbourne & Parke, Liggett, American, B&W, Reynolds, Lorillard and Philip Morris, Osdene of Philip Morris reported that

Dr. Hockett stated that CTR is moving into an era of active collaboration with the industry and they wish to make the technical committee more effective by including biologists. . . . Programs will be developed in which Hockett wishes to use the industry technical committee people to give advice which will go into the development

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of plans for submission to the SAB. C.C. Little would like to meet with this committee either before or after the SAB meeting. He feels that this would be an opportunity to build a creative future and that CTR would move with more speed.

682011463-1466 (US 86418); 1001609316-9320 (US 86419).

  1. A subsequent 1967 meeting was called to "organize the Industry Technical

Committee." Present again at the meeting were representatives from CTR, American, B&W,

Reynolds, Lorillard, Philip Morris, and Chadbourne & Parke.

It was stated that the Scientific Advisory Board and the C.T.R. staff [were] desirous of obtaining the regular and organized assistance of the industry technical group. Functions of the ITC [were]: 1. To bring its technical know-how to bear on problems in which it is desired. 2. To assist the staff. 3. Make suggestions. . . . While the makeup of the I.T.C. has usually consisted of the Research Directors of the various participating companies, it was recognized that any company could designate whomever it wished as I.T.C. member.

ATX300008549-8551 (US 58614).

  1. A meeting of the ITC was held on April 26, 1968, at the CTR office in New York and was called specifically by W.T. Hoyt of CTR on behalf of the CTR staff. Representatives from CTR,

B&W, Lorillard, Philip Morris, Reynolds, and American attended the meeting. The meeting was called "to hear presentations by the CTR-staff of the contract research program being proposed by

Mason Research Institute," which was to involve large-scale, long-term mouse inhalation experiments. 955033996-4012 (US 32363). It was noted that:

a) the contract status as proposed represents a significant change of "tact" [sic]. b) the proposed program represents very considerable increase in costs and outlay. c) and therefore, this entire program may represent a significant "departure from CTR plans and policy."

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  1. In describing the background for the Mason contract, Arthur W. Burke of American reported that the CTR staff had taken an interest in inhalation toxicology ten years prior:

About this time the CTR-staff began to visit the various grantees to learn what was forthcoming from their studies, and on a visit to the Leuchtenbergers' laboratory learned that evidence was accumulating that adenocarcinomas of mouse lung were occurring with smoke inhalations. . . . "Since foes of Industry might snatch-up such preliminary findings and misuse the information, the CTR staff entertained a limited project at Mason Research Institute, the purpose of which would be to set-up and compare the operation of several animal exposure-smoking machines in one place and at one time, using the same mouse strain, etc. -- in short to study the smoking machines per se. This work was initiated at Mason about one year ago." In the course of these machine evaluations, Mason noted some deficiencies in some of these machines, and the "CTR recognized that they were piddling in some dangerous areas."

955033996-4012 (US 32363) (emphasis in original).

  1. At an October 25, 1968 ITC meeting, there was also a discussion of the relationship between the ITC and the CTR Scientific Advisory Board. Hoyt voiced the opinion that the SAB is considering "more targeted research with closer CTR staff monitoring which would be in a) academia by grants, and b) other places by contract -- where necessary." 955036231-6240 (US

32364).

  1. In a 1970 report, the Defendants' research directors -- Helmut Wakeham of Philip

Morris; Preston Leake of American; Alexander Spears of Lorillard; Murray Senkus of Reynolds;

William W. Bates of Liggett; and I.W. Hughes of B&W -- expressed their displeasure with CTR's research program, its focus on studies of diseases that were associated with smoking, its defensive posture, and its lack of guidance for future strategy of the tobacco industry in the area of smoking and health. The report offered opinions as to how CTR might become more effective as an instrument for the good of the tobacco industry. 1002636362-6365 (US 22998).

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  1. In the 1960s, the ITC assisted the Tobacco Institute, and ITC members were encouraged to attend meetings at the Tobacco Institute. An ITC meeting at the Tobacco Institute was called "to discuss the possible implications of a $50,000 grant from National Institutes of Health to the F.T.C. laboratory to develop a smoking machine capable of carbon monoxide analysis." Present at the meeting were representatives of Liggett, American, Reynolds, Lorillard, Philip Morris, B&W, Covington & Burling, and the Tobacco Institute. There was much concern over the possibility that the FTC intended to publish brand carbon monoxide levels. The attendees suggested that Defendants be ready to demand public hearings on methodology and be prepared to "counteract the increasingly irrational public image being drawn by anti-smoking forces" on carbon monoxide hazard. TIMN0134876-4877 (US 65574); 950148089-8091 (US 32348).