Reports that Matter

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

INFOTAB – International Tobacco Information Center

Section 36 of 129

INFOTAB – International Tobacco Information Center

  1. ICOSI was renamed the International Tobacco Information Center/Centre International d'Information Du Tabac ("INFOTAB") and registered in Geneva, Switzerland, on December 8, 1980. 504934906-4953 (US 20737); Ward TT, 11/3/04, 4950:10-12. INFOTAB's charter, filed with the Swiss Government on November 2, 1982, was substantially the same as ICOSI's charter. 2025048998-9014 at 8999 (US 20412).

  2. The six founding members of INFOTAB were Defendants BATCo, Philip Morris, and RJR, as well as Imperial Tobacco, Reemtsma, and Rothmans International. 504934906-4953 (US 20737); Tully PD, United States v. Philip Morris, 6/13/02, 33:7-14.

  3. Defendant BATCo belonged to INFOTAB from 1981 or 1982 to approximately May 1990. Proctor PD, United States v. Philip Morris, 6/12/02, 16:8-18.

  4. INFOTAB had three categories of membership: Founding Members, Associate Members, and Allied Members. Defendants Liggett and Lorillard were Associate Members, while Defendant Tobacco Institute was an Allied Member, as was Britain's TAC. 504934906-4953 (US 20737). Lorillard later withdrew from participation in INFOTAB because if felt that its contribution and participation in the Tobacco Institute provided adequate support for INFOTAB. Stevens WD, 4:3-13; 85174260-4260 (US 56011).

224

  1. In the mid-1980s, Hugh Cullman of Philip Morris, R.L.O. Ely of BATCo, Andrew Whist of Philip Morris, and Richard J. Marcotullio of RJR were on the INFOTAB Board of Governors, which was later re-named simply "the Board of Directors." Cullman was the Chairman of the Board of Directors. 504934906-4953 at 4948 (US 20737); 2025013308-3308 (US 21585).

  2. Tobacco Institute representatives, Peter Sparber and Bill Kloepfer (Senior Vice President, Public Relations), participated in an October 7-10, 1985 INFOTAB workshop in Copenhagen. Thereafter, INFOTAB's Secretary General wrote to Tobacco Institute President Samuel Chilcote to thank him for the Tobacco Institute's participation. According to the conference program, the workshop included discussions about "the Social Acceptance of Smoking," "The Health Controversy -- Some Aspects Old and New," and "Ambient Tobacco Smoke, Defense - Medical, Defense - Political, and Relation with Indoor Pollution." According to the conference program, Hugh Cullman (then Vice Chairman, Philip Morris Companies and 1985/86 INFOTAB Chairman), John Tollison (then Institute Director of the Tobacco Institute of Australia Ltd.), and Hugh Grice (then Executive Director of the TAC) were also among the speakers, discussion group leaders and moderators scheduled to attend the workshop. TI12263348-3361 (US 62369*).

  3. A November 30, 1989 INFOTAB document listed INFOTAB's "most important" roles, including: "'Think tank' for industry cooperation worldwide, in association with member companies," "Preparation of positions agreed by the industry," "Preparation of published materials and kit sets for use by NMA's and lead companies," and "Promulgation of strategies agreed by the industry." 300528729-8731 (US 46572).

225
  1. INFOTAB prepared various materials on smoking and health issues including research-related materials, public relations campaign materials, and advocacy papers. For example, in 1986, INFOTAB produced an Issues Binder which provided

members with reference materials and quotations in response to the major allegations in the smoking and health area. The binder [was] organized around nine issues -- "addiction," advertising and sponsorship, developing countries, the public smoking issue, legislation, smoking and health, social costs, taxation and warning labels.

504934906-4953 (US 20737).

  1. J. Kendrick Wells of B&W sent a memorandum to Ernest Pepples of B&W dated October 27, 1981, concerning his recent discussion with L.C.F. Blackman, Director of the Group Research and Development Center of BATCo in Southampton, England, about Blackman's slide presentation titled "Basic Approach to Government and Medical Authorities." Wells voiced his concern with Blackman that the initial document "admit[ted], despite a disclaimer, that cigarettes are harmful to health in proportion to delivery." Wells further noted that the document "runs against important argument the U.S. industry is making in response to the FTC Staff Report and may need to make in response to charges that cigarettes are addictive." Blackman agreed to change the document and send it to the other INFOTAB members. 680585063-5064 (US 21007); 680585041-5042 (US 21006).

  2. BATCo relied on position papers developed for the industry by INFOTAB. An internal BATCo memorandum, distributed "[t]o all No. 1's and Public Relations Managers of Operating Companies, transmitted an updated INFOTAB paper on "Advertising Argumentation," which provided arguments against advertising restrictions. The transmittal memo urged its recipients to "ensure that no mention is made of its source." 100439233-9233 (US 34655).

226

  1. BATCo and other Defendants used INFOTAB to monitor research that suggested smoking caused cancer. 2021594539-4540 (US 36773).

  2. A June 28, 1988 memorandum addressed to Todd Sollis, Assistant General Counsel of Philip Morris, from Donald Hoel, attorney with Shook, Hardy & Bacon, described the central role played by Shook, Hardy & Bacon with respect to INFOTAB. Hoel stated:

SHB, as counsel to PM and other international manufacturers, was instrumental in the founding of INFOTAB to help strengthen and coordinate the activities of the various national manufacturers associations. The firm remains active in the operation of INFOTAB. It monitors the meetings and clears the draft minutes of the INFOTAB Board of Directors and the Global Issues Working Party, as well as INFOTAB workshops. All materials prepared by INFOTAB on smoking and health issues, including briefing documents sent to national manufacturers associations and presentations by the INFOTAB staff, are cleared by SHB in order to protect the member association and member companies. SHB also approves all public relations campaigns, tactics and strategies which address smoking and health issues.

2015007199-7207 at 7204-7205 (US 20311).

  1. A 1989 INFOTAB document outlined how to attack the WHO [World Health

Organization]. The tactics it suggested included the following:

Criticize budget management, Address health priorities, Expose resource blackmail, Highlight regional failures, Attack "behaviourism," Counter on public issues, Discredit activists' credentials, Engage in statistical warfare, Invest in press relations, Show impact of "cuckoo" organisations.

The document also suggested the industry should attack IOCU [the International Organization of

Consumer Unions] with the following program goals: "Relieve NGO pressure on WHO, Expose activists' 'credentials,' Counter 'behaviourist' regulation, correct anti-business slant." 2021595753- 5910 at 5769, 5897, 5903 (US 85541).

227

  1. In 1990, INFOTAB also issued an INFOTAB publication titled "Children & Smoking -- The Balanced View" that addressed various World Health Organization claims. It stated that tobacco is not addictive, and that there were inconsistent findings as to whether smoking causes low birth weight, birth defects, and delayed mental and physical development in infancy. 2070052572- 2578 (US 87151); 2501342105-2110 (US 20565).

  2. On January 19, 1990, Ron Loader, INFOTAB Director of Information Services, confirmed the first meeting of a worldwide industry working group at the offices of the Tobacco Institute in Washington, D.C. for the purpose of planning a Global Argumentation Project. The Global Argumentation Project was an effort to develop a standardized and comprehensive collection of argumentation papers on smoking and health issues, including ETS and youth marketing, which could be used by local management and National Manufacturing Associations ("NMAs") for lobbying, public information campaigns, or as basic documents for responding to public health advocates. Representatives from INFOTAB, the Tobacco Institute, Shook, Hardy & Bacon, and several European and United States cigarette manufacturers attended the meeting, including Kay Comer of BATCo, Cynthia von Maerestetten of Philip Morris, Jim Goold of RJR; Donald Hoel and Jim Newsome of Shook, Hardy & Bacon, and Charles Powers and Fred Panzer of the Tobacco Institute. It had been decided that for several reasons "it would be sensible to hold this first meeting in Washington" because "we need to involve the US TI at an early stage in order to take advantage of their detailed information/argumentation/lobbying materials developed over years in practical situations and needing personal discussion"; "most members of the Working Group are already in, or need to be in, the States (i.e.8 To the extent that they are relevant, all arguments of the intervenors and amici have been considered and addressed. -14- out of 11)"; and "it provides the opportunity for INFOTAB coordinators to review other information sources (e.g., RJR) at first hand." TIMN362946-2949 (US 62874); TIMN362950-2952 (US 62872); TIMN362918-2922 (US 62919).

228
  1. INFOTAB also collaborated with the IEMC. 507782317-2318 (US 20788).