Tobacco Working Group

In March 1968, the National Cancer Institute created the Tobacco Working Group ("TWG") to serve as an advisory group to its Smoking and Health Program which was directed by Dr. Gio B. Gori. 87754028-4373 (US 22259). The Group was composed of a broad cross-section of scientists, researchers, and treating physicians specializing in smoking and health. Four of its members were from the tobacco industry: Murray Senkus, Director of Research for RJR; Alexander Spears, Director of Research and Development for Lorillard; Helmut Wakeham, Vice President of Corporate Research and Development for Philip Morris; and Charles Kensler of Arthur D. Little, Inc. By 1969, William Bates, Director of Research at Liggett, was attending TWG meetings, and by 1971, I.W. Hughes of Brown & Williamson had accepted membership. The TWG existed in various forms from 1968 through 1977, when it was dissolved as a cost cutting measure. HHA6060033- 0036 (US 86422); 501555964-5966 (US 22284); LDOJ3002797-2803 (US 86423); LG0267405- 7405 (US 59094*); 680231778-1778 (US 86424); Stevens WD, 43:23-46:9; 680142974-2974 (US 22254); 680142966-2966 (US 30817); 680142967-2967 (US 54018); TLT1022905-2912 (US 86842); TIMN0102540-2560 (US 86843).

Industry representatives repeatedly informed the TWG that they were participating in their individual capacities, and not as representatives of their individual tobacco company employers. Moreover, they emphasized that their participation did not represent acceptance of the view that cigarettes were hazardous to health or caused lung cancer. U.S. 88, 489. In his 1968 letter accepting membership in the TWG, Murray Senkus stated "I am in no manner accepting the view (1) that present cigarettes are hazardous or (2) that the smoke of such cigarettes causes or contributes to the development of human lung cancer." See also US 22263; US 69276; US 22269; US 26069.
Participation by industry representatives proved valuable by allowing Defendants to keep abreast of what the United States Government was doing with respect to smoking and health issues. Their participation also provided a mechanism by which Defendants could try to influence the United States Government's activities in the smoking and health arena. An undated B&W document, discussing United States Department of Health, Education and Welfare activity in the 1960s, clearly articulated the reasons for Defendants' participation on the TWG:

Of these four actions [taken by the United States Department of Health, Education and Welfare with respect to smoking and health issues], the first three [developing epidemiological evidence linking smoking and certain diseases; launching a program to alert the public about the dangers of smoking; and pushing for legislation which would reduce cigarette consumption] have been of such immediate concern that they have received most of the attention of the tobacco

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industry. However, the later [initiating a research program designed to produce a "less hazardous cigarette"] is probably as important, or perhaps more important for the long-term future of the industry. Although work in this area is in its initial stages, the direction of this work seems clearly indicated and should be evaluated.

One can logically expect that any reluctance on the part of industry to voluntarily produce commercial cigarettes on the basis of positive results from this program would result in legislation to force adoption. In all probability, little attention is likely to be given to the commercial acceptability of the [unreadable] from this program.

Since industry has representatives on this committee, it should be possible to remain completely aware of all actions taken and to have at least some influence on these actions. If one assumes complete and frank interchange of information arising from within this committee among all companies, the companies should then operate from a common base.

¶HHS1330992-0998 (US 76082).

Similarly, a March 9, 1972 document drafted by Alexander W. Spears of Lorillard recognized:

If I were to withdraw [from the TWG], Lorillard would lose considerable insight into the workings of the National Cancer Institute program with respect to cigarettes. There is a very real possibility that this program is going to have a profound effect on the cigarette industry, and I believe that we should be aware of these effects as soon as they become clear. We also have some significant influence on the course of the detailed activities and, therefore, some effect on ultimate results.

¶01240178-0178 (US 22282).

Defendants' approach to the TWG and all Defendants' related activities were jointly formulated and closely monitored by committees of industry lawyers and executives to ensure that such "participation" in the TWG did not threaten -- and indeed served -- Defendants' common purposes. Defendants' representatives to the TWG regularly reported to their counsel, who kept company executives, CTR, the Tobacco Institute, and one another abreast of TWG activities. 501556259-6263 (US 22283); 501555964-5966 (US 22284); 500502060-2063 (US 22286); 501990370-0374 (US 22287); 1005070117-0121 (US 22288); 1005070122-0122 (US 22903); 680142648-2648 (US 22374); 2015040862-0863 (US 36652); 680143084-3084 (US 22293); 03540217-0225 (US 22294); BWX0003934-3938 (US 86425); 03753993-3994 (US 22295); 03646227-6228 (US 22296); LG0208389-8389 (US 59040).

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The Enterprise engaged in a concerted effort to prevent, curtail, and ultimately to neutralize the TWG's efforts to evaluate cigarettes' effects using an animal inhalation bioassay developed by researcher Oscar Auerbach. 1000298389-8392 (US 26082); 1005086254-6254 (US 86426); 1002906624-6625 (US 86427); 1000298389-8392 (US 26082); 1005086254-6254 (US 86426); 1002906624-6625 (US 86427); 500006051-6051 (US 86428); CTRMN015382-5383 (US 79878). See also Kornegay PD, Cipollone v. Liggett, 12/6/94, 588:11-589:4, 590:2-8, 592:23-594:6, 598:20-604:7.
In Auerbach's study, beagle dogs smoked cigarettes for up to 2.3 years through a throat opening in their windpipes. Two of the eighty-six dogs which started the test developed early squamous cell bronchial carcinoma, the most common lung cancer occurring in humans. An April 3, 1970 report from a United Kingdom tobacco manufacturer, Gallahers, circulated among Defendants, concluded that "we believe the Auerbach work proves beyond a reasonable doubt that fresh whole cigarette smoke is carcinogenic to dog lungs and therefore it is highly likely that it is carcinogenic to human lungs." US 21688. Dr. Auerbach and his co-researcher E. Cuyler Hammond applied to NCI to conduct follow-up studies on the effects of nicotine on cardiovascular disease in dogs, and made a presentation to the TWG at a meeting in November of 1970. US 29546, 22298.

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The Tobacco Institute carefully researched Auerbach and his past research projects and shared information with its member companies on behalf of the Enterprise. 2015047506-7506 (US 86431); 508775596-5596 (US 86432); 500006028-6028 (US 86433); 1005086194-6194 (US 86434); 1005086196-6196 (US 86435); 1005086198-6198 (US 86436); 03758481-8482 (US 86437); 1005086201-6201 (US 86438); 2024991017-1017 (US 86439); TIMN221636-1636 (US 86440). Helmut Wakeman indicated in a December 22, 1971 letter to other industry TWG members that "[t]he very great probability that this proposal will be accepted and funded by the N.C.I. is a matter of considerable concern to the tobacco industry." U.S. 22261.
Despite the findings of Defendants' scientists, which affirmed the significance of the Auerbach study, the Tobacco Institute publically questioned the results. A 1970 Tobacco Institute press release stated, "We have good reason to question whether lung cancer experts in this review group were able to confirm any finding of lung cancer[.]" TIMN0109556-9560 (US 87698); see also CTRMN015379-5379 (US 79876).
Representatives of the Defendants also decided to try to block the TWG from replicating Auerbach's research. Edwin Jacob, counsel to CTR and Reynolds, instructed Reynolds's scientists Murray Senkus and Alan Rodgman, as well as other Defendants' scientists, to prevent the TWG from performing dog inhalation studies such as those deemed necessary to develop new products. Jacob argued against such studies on the grounds that they would be an admission by Defendants that existing cigarette products were harmful. Moreover, Jacob -- an attorney, not a scientist -- feared that these experiments might show proof of nicotine habituation. 515872408-2456 at 2424-2429 (US 22261).

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In his report to the Tobacco Institute Annual Meeting on January 28, 1971, William Kloepfer boasted that

[o]ur constant pressure on Hammond's and Auerbach's shaggy -- or shabby -- dog story has put that work as reported so far into a permanent file marked controversy -- especially among scientists. It did more than that. It demonstrated our counterattack capability as a team. During the rest of the year we missed no event worth talking about in which our comment wasn't issued -- and printed and broadcast -- the same day.

¶TIMN0081403-1405 (US 77050).

In addition to trying to shape the path of research undertaken by the TWG, Defendants' lawyers and executives determined that their scientist representatives on the TWG would offer no suggestions about experiments to conduct or projects to pursue in the search for a less hazardous cigarette. 1005056343-6343 at 6343 (US 22272*).
Defendants also utilized the relationships they developed with certain government scientists through the TWG. After the TWG was disbanded, they retained two of its members, Dr. Gio Gori, former Chairman of the TWG from NCI and Dr. T.C. Tso from USDA, as consultants. Gori has been a spokesperson and consultant for the industry since leaving the NCI in the 1980s and Philip Morris secured the services of Tso upon his retirement from USDA in 1983. Bloch PD, United States v. Philip Morris, 2/14/02, 1815:20-1819:20; Tso PD, United States v. Philip Morris, 6/5/02, 178:1-181:12, 182:19-183:2, 183:16-184:23; HHS1091046-1048 (US 88738); 680900035- 0045 (US 21013); 1005082903-2903 (US 21529); TIMN435245-5245 (US 22487); 20509862806281 (US 27064); 2023799642-9642 (US 87701); 2000511301-1302 (US 87703); 2000596045-6045 (US 87704); 2001202319-2319 (US 87705).

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