International Organizations, Committees, and Groups

Overview 364. There is overwhelming evidence demonstrating Defendants' recognition that their

¶economic interests would best be served by pursuing a united front on smoking and health issues and by a global coordination of their activities to protect and enhance their market positions in their respective countries. To further their shared objectives, the Defendants, over an extended period of time, created, controlled, used, or participated in an astonishing array of international entities, including, among many others (all of which will be discussed infra), the Tobacco Manufacturers' Standing Committee ("TMSC"), which became the Tobacco Research Council ("TRC") and then the Tobacco Advisory Council ("TAC"); the International Committee on Smoking Issues ("ICOSI"), which became the International Tobacco Information Center, Inc. ("INFOTAB") and then the International Tobacco Documentation Center ("TDC"); and the Center for Cooperation in Scientific Research Relative to Tobacco/Centre de Coopération pour les Recherches Scientifiques Relatives au Tabac ("CORESTA").

201

Defendants coordinated their efforts to further their economic interests through multiple meetings around the globe. These numerous meetings, held between the 1950s and at least 2000, were scheduled by correspondence and memoranda that were sent via facsimile and by mail. 536202391-2391 (US 86553); 2025495788-5788 (US 22856); 2025495795-5795 (US 26848); 2065260331-0331 (US 86555); 2024771391-1391 (US 86556); 2025477955-7955 (US 26834); 700533941-3941 (US 86558); 503089421-9433 (US 86573); 2078348038-8038 (US 86906); 700533921-3921 (US 88565); 300543355-3356 (US 88506). While the cited exhibits are to meetings in the 1990s, many other exhibits cited throughout these Findings pertain to meetings between the 1950s and 2000.
Agendas were usually transmitted in advance of the meetings and Defendants agreed, through correspondence, which of their industry representatives would and should attend. 2023244315-4315 (US 86585); 2023244363-4363 (US 86586); 2028454705-4705 (US 22852); 2028360079-0079 (US 86587); 2023897308-7308 (US 37062); 2024210630-0631 (US 22868); 2051810327-0327 (US 86588); 2065260325-0325 (US 86589); 700533917-3917 (US 86590); 2065260328-0328 (US 66825); 300543980-3980 (US 87574); 300543954-3954 (US 87575); 300543357-3358 (US 87576); 300512229-2232 (US 88507); 300543968-3968 (US 67755); 300543811-3813 (US 88508); 2025495656-5656 (US 88509); 2078742951-2951 (US 27724); 2078742952-2952 (US 27725); 2078742954-2954 (US 27727); 2078742955-2955 (US 27728); 2502250184-0185 (US 45981); 2047315966-5966 (US 88512); 300543817-3817 (US 88513); 2065260344-0344 (US 88514); 2072424257-4257 (US 88516); 2072424213-4214A (US 88517); 2046546145-6145 (US 88524); 2072417268-7269 (US 88528); 321569333-9336 (US 88536); see also Blackie WD, 101:13-104:21, 127:3-140:3.

202

In many instances, meeting participants summarized the substance of the meetings, recorded the nature of the discussions, and identified the company representatives in attendance. 507973108-3109 (US 86598); 536202400-2404 (US 86599); 507974116-4116 (US 51286); 2025493306A-3307 (US 86600); 2023897315-7318 (US 86601); 2051809368-9369 (US 86603); 2028363540-3549 at 3541 (US 86604); 2028372583-2596 at 2594 (US 22926); 517002090-2091 (US 66527); 300512244-2245 (US 67752); 300543979-3979 (US 87578); 300545676-5680 (US 87579); 300545701-5704 (US 87581); 300543440-3454 (US 87582); 300544202-4208 (US 87583); 2047315978-5978 (US 88636); 2078742947-2948 (US 27721); 2078742962-2963 (US 45192); 2078742949-2949 (US 27722); 300543360-3366 (US 88545); 300543940-3942 (US 88546); see also Blackie WD, 104:22-113:20; 128:7-132:18.
Defendants used international meetings to identify and coordinate the respective responsibilities of the many international organizations affiliated with the tobacco industry such as the International ETS Management Committee ("IEMC"), Confederation of European Community Cigarette Manufacturers Limited ("CECCM"), TAC, INFOTAB, and others. Scores of documents demonstrate the sophisticated planning and coordination, as well as the division of labor, between the industry's international organizations. Blackie WD, 101:13-104:21, 104:22-113:20. To cite just one example of allocation of responsibilities, W. David Rowland of Rothman's International summarized the "end product" of a July 25, 1995 IEMC meeting by stating: "However, it was eventually resolved: IEMC will develop the messages (globally), CECCM will deliver these messages (in Europe)." 900006204-6204 (US 88482).
United States Summary Exhibit 17361 (A) summarizes a vast number of Defendants' memoranda, agendas, and meeting minutes, all used to coordinate Defendants' meetings throughout the world. As this Summary Exhibit demonstrates, high-level decision-makers, including corporate officers, legal counsel, and experienced public relations and scientific personnel, attended Defendants' international meetings. It is clear from the frequency with which the names of the following individuals appear in the Summary Exhibit that they each played a central role in coordinating Defendants' efforts and ensuring that a united front was developed and followed on smoking and health issues: Sharon Blackie, a BAT scientist; John Rupp, Covington & Burling attorney; Charles Green, RJR Principal Scientist; Helmut Reif, Principal Scientist at a Philip Morris subsidiary and member of CIAR Board of Directors; Richard Carchman, Philip Morris Director of Scientific Affairs; J. Kendrick Wells III, B&W General Counsel; and Christopher Proctor, BATCo Head of Scientific & Regulatory Affairs at Chadbourne & Parke in United States between 1989 and 1993. 401033458-3463 (US 85530); 507973108-3109 (US 86598); 507974116-4116 (US 51286); 507782317-2318 (US 20788); 2078742962-2963 (US 45192); 2023053733-3733 (US 86513); 2023897315-7318 (US 86601); 2072424257-4257 (US 88516); 2047315978-5978 (US 88636); 202502102-2134 (US 20346); 506617595-7596 (US 20760); 507782317-2318 (US 20788); 681000290-0293 (US 21015); 2024270524-0527 (US 75083); 505347172-7174 (US 20739); 2024210630-0631 (US 22868); 681000290-0293 (US 21015); 321569333-9336 (US 88536).

203

Defendants used their many international meetings as opportunities to meet, coordinate and cooperate in identifying "threats" to the industry and to develop responses to these perceived "threats" as they evolved over time. For example, Sharon Blackie, John Rupp, Matt Winokur, J. Kendrick Wells, Chadbourne & Parke attorney Thomas Bezanson, and Christopher Proctor met on several occasions to discuss the activity of EPA and IARC, including the status and timing of the impending EPA risk assessment (discussed at Section V(G)(2)(¶¶3340-3344), infra) and IARC study (discussed at Section V(G)(2)(¶3347), infra) and Defendants' potential responses thereto. Similarly, Defendants used INFOTAB to prepare a response to the perceived threats to the tobacco industry posed by the forthcoming IARC report. 2021595753-5910 at 5769, 5897, 5903 (US 85541); 300543979-3979 (US 87578); 300543954-3954 (US 87575); 2065260328-0328 (US 66825); 2072417681-7682 (US 89132); Blackie WD, 94:6-95:5; Blackie WD, 143:18-144:4.

204

Defendants closely tracked regulatory "threats" to the industry in the United States. For example, the minutes of an August 26, 1996 CECCM meeting in Amsterdam read:

[N]ational Developments. USA. President Clinton has taken the decision to put tobacco under FDA jurisdiction. This decision will be challenged by the cigarette manufacturers. Since this decision has reactivated the debate on children and smoking, the Chairman will raise the issues again at the next Board meeting.

¶800123779-3782 at 3781 (US 89137).

ICOSI, one of the organizations that afforded Defendants an opportunity to meet regularly, explicitly recognized the international nature of the "threat" to Defendants' business. An April 1979 ICOSI document noted:

The problems and attacks proposing restrictions of smoking and normal commercial activities like advertising and publicity have become highly international. . . . No one industry in one country nor any one company can wage and win the battle against this sort of organised world-wide attack. . . . The whole Industry, companies and Trade Associations alike must unite with common targets and common approaches.

¶1003717317-7330 at 7318 (US 86518) (emphasis in original).

The extent to which Defendants' far-reaching cooperative international conduct affected United States' interests is demonstrated by the following: meetings were held on United States soil; representatives of United States companies and organizations, including Defendants, attended meetings of the cooperating organizations both in the United States and abroad; at these meetings extensive consideration was given to the impact of United States litigation on overseas tobacco companies, as well as the impact of overseas development upon litigation in the United States; and express coordination with the United States tobacco industry, including Defendants, was planned and organized. For instance, in 1973, the Tobacco Institute's Committee of Counsel discussed expanding the Tobacco Institute's central role in the Enterprise to offshore activities, including combating foreign anti-cigarette activity. The purpose of expanding the Tobacco Institute's role was to preserve Defendants' position on smoking and health abroad and prevent erosion of public industry positions that had been adopted and publicized in the United States by the actions of non-domestic companies.

205

It is preferable for the domestic industry to act together to combat foreign activity than for individual companies to act. On the subject of smoking and health the domestic industry has acted in concert through the Institute in the past, as it is legally permitted to do and presumably intends to continue to do. Thus, the policy with respect to combating anti-cigarette activity abroad would be but an extension of the domestic policy.

¶502429369-9373 (US 29556); TI16740660-0663 (US 72403); 2501029891-9901 (US 20557); TI04962210-2211 (US 67250); see also 1002610069-0069 (US 86541).

Additional examples of the nexus between Defendants' international organizations and the United States include a December 1978 memorandum asserting that the effectiveness of ICOSI required coordination with and input from the Tobacco Institute and Shook, Hardy & Bacon, 2501018326-8327 (US 21505); a September 1983 INFOTAB meeting, held in Washington, D.C., concerning "[h]ow to use a tobacco network-U.S. hearings," 2501021486-1489 (US 25366); INFOTAB's 1991 retention of Lovell, White & Durrant to provide legal clearance for all documents related to smoking and health, and of Chadbourne & Parke to review the documents with an eye toward making sure that "due consideration is given to the legal position in the United States," 2023237649-7650 (US 87025); a January 1993 CECCM meeting in Bonn, Germany, considering the "E.P.A. report on risk assessment of ETS" and "[r]eview of the published literature on smoking and work performance prepared by Covington & Burling," 300543360-3366 (US 88545); a February 1997 meeting concerning IARC Action, scheduled to "[r]eview status of study release . . . expectations re: timing, risk, number, U.S. vs. European release" and "U.S.-based Scientific Assessment Team (on all in event of publication in U.S.-based journal)," 2072417268-7269 (US 88528); and a May 1997 International Counsel Meeting, held in New York, regarding the "[i]mpact of US litigation resolution discussions on other countries," as well as British and Australian matters, 321569333-9336 (US 88536).

206

BATCo participated in many industry meetings related to ETS issues, as shown in US 18325, a demonstrative exhibit showing a sampling of the many meetings that included direct contact with one or more representatives of BATCo. 300543979-3979 (US 87578); 517002090- 2091 (US 66527); 300512229-2232 (US 88507); 507974116-4116 (US 51286); 300543968-3968 (US 67755); 300545701-5704 (US 87581); 2025495795-5795 (US 26848); 503089421-9433 (US 86573); 2051810327-0327 (US 86588); 2065260328-0328 (US 66825); 321569333-9336 (US 88536).