Bliley American Tobacco Co
Confidential summary prepared by American outside counsel containing outside counsel's analysis and opinions regarding deposition testimony.
Fields
- Privilege
- AC/WP
- Type
- Summary
- Request
- A,B,C
- 02,03,09
- Date Loaded
- 22 Apr 1998
- Author (Organization)
- Chadbourne & Parke 1
- Folder
- Smoking & Cancer
Annotations
- 1. Chadbourne & Parke Author (Organization)
inferred
Document Images
q ~tr. Crone, based Upon your
that has c~e to you fr~n ~hatever ~ources it-may be,
M~, lla~aer or anyone else, do you feel that there As a
relationship between the s~okAng of your cigarettes,
let us say, Lucky Strikes, and the develop:eat of
cancer or helot disease?
A
Do you thank there is an~ aggravating
that is, precipitating or accelerating
[SoCe: ~arlan was asked vlth re-
spect to smok.l.~ ~ cancer whether he
there ~as an~ relationshAp and
an~vered, no.
Borden was asked whether ~n hls
opinion there is a rela˘ion~hip between
cs=dlovascular dAseaee. He answered
" ~ 4on' t know of say connection be-
tween ~aokAz~ and cancer and cardio-
vascular disease or an~ other disease."
(pp. ~- ~'6) ]
Co that?
And vhat has been your polAcy vith respect

Q Let me ask y~u thAst Would you se~7
that you don' t beZteve that there Is a relatAonshAp,
or ~ould you sa~ that you ~ust don' t kno~ ye~?
k b~at do you mean by a relaZAoas~Ap? A
relatAoas~1~ as t~ v~at?
Q Be~eea sao~A~g sad cancer.
A ~ you sesa a s~sttstŁcsl rels~:lonshlp
or a causal re~atloashlp?
Q Causal, eAtJ~e: A~ part or ~a ~d~ole.
A l should s~y thaC we don' t knov, because
after a good ma~y y~s ~ pretty ~Ce~lve sty,
~ ~e~ ~ca~ ~s dev~oped ~er~ent~ly of
s~ ~ ~olvmeat.

yet or doee that mean --
yots b~t Łt ~ sO~ ~t ~ Łt ~S Vo~ hoav~F
~volv~ ~ O~t ~ ~ve ~ on s~, more def-
~te ~~tton of 1~ ~ ve
(a) tud Orou
"5~e s~ tota~ of sctenttf$˘ evidence
establishes beFo~ a reaso~ble ~ubt
~ ct~ette ~~ As a causative fac-
~r ~ ~e ~cAdence o~ h~ eptde~old
Was ~hat over ~a~ed to you= attention?
[Note: Crove answered the me
question, saying, "Thls is the first
ever." (pp. ~-lO) Hetaana ansvere4
It ~s been bro~ to
Kaa8 sad Hoeke~;~ both J~lca~ed that
they were. faal~Łaz wlth the ~tUd~ Qr~up
report. ~HaaS, p. 2~1 Rockett, pp. ~-~)
[The ~tud~ Oroup report was published
~9~7. ]
-3-

Q Are you familiar with the facet, sir,
that Dr. Leroy Burney, the Surgeon General of the
United States~ has stated that,
"The weight of the evidence is
increasingly pointed in one directlonl
that exeesslve smoking is one of the
factors in the causation of lung cancer"?
A I am familiar with that statement. I
have seen his statement.
(Hoekett) p. 156)
[Rote, ~ei~ann stated that Burney
bad made a (p. )
number of statements 73
and that the above quoted~as "a vet7
carefully worded statement, and I eanrt
remember whether the Surgeon Oeneral
stated it in exactly th~se words."
(p.
C rowe answered that the ~rney
statement had not been brought to his
attention (~. 11) although he had
earlier indic•ted that he had read the
reports of Surgeon General ~Arney in
the ~a~er (p.
8)
~o~den was asked whether he was
familiar with the pronouncements of
Burney and replied, "I know ~u'ney has
made some remarks, yes." (p. ~%) Haag
~as asked whether the Publi~ Health
Service had taken a stand and answered
"It is my impression that Dr. B~rney
issued a statement to the ~ress. Now
the e~act wording of that, I don~t
know. That I suppose represents the
feeling of the Public Health Service."
(p.
Hamner ~as shown • copy of state-
ment whieh.Hastlngs desoribed as
prepared by the National Cancer
stltute of the Publle Health Service
and issued through Dr. Holler and
also through B~rney. ~a~er

~led~e of ,Posl.~tons Taken
Various Bodies" (~ontl~ued)
asked If he had ever seen the state-
s~tnethin~ $Łm~.ar ~o ~J~.s, ~ don' ~
red.abet l~ ~ de~." (pc 8~)]
[Note8 The above Burney quotation
Is from a ~ubltc Health ~orvlce p:ess
tton q~ted ~s preceded .~ ~e p~ase
"~e ~e~ ~e ~~y d~ferences
of op~o~ ~ ~te~ret~g ~e. ~ on
Pu~Ic ~e~ ~e~lce reels ~e ve~t
~he s~atenaa~ concludes with this
paragraph,
"The Service notes ~t the
study group fo~ thai more
study is .R~eded to
~ s~ti~tic~ a~oc~tton
~ween ~~ ~ heart
~e st~ group repoP~ed
is ~ co~c~ bio~ogic~ or
~ca~ ~t ~~ per se is
on~ o[ ~ causat~v~ Eacto~s
s~ce p~vtded ad~tlo~ ~ta on
~is subject, ~ ~erv1c~ ~eels
~st more s~tts ttc~ ~d
~ostc~ ~ Is needed
li~ a def~ position on ~s
~˘er." (~Y ~, 19~ Press
geon Gen. Leroy E. _~ney, re-
printed at pa~es ~-~ of
Durney is the author of a special
enti~led "S~o~in~ and L~ ~C~cer~ A
m~t Of ~e PU~iC He~ ~e~lce:" ~ ap-
p~ ~ ~e ~ber 28, 19~9 ~o~ of
The ~ertc~ ~iedi~ Assoclation~ He co~
~eds
"Th~ Public Heal~h ~ervlce be-
lieves that the followln~ s~a~e-
mon~s are ~ust~fied by s~ud~es to
date. i. The weight of evidence
at present implicates smoking as

Positions Taken
a~ (Continued)
the principal etiological fac-
tor An the increased incidence
of lung canners 20 Cigarette
smoking particularly ls associa-
ted with an increased chance of
developing lung cancer. 3. Stop-
Ł1o~ng ciga,.tt, smoking ..n after
exposure ls beneficial, ~0
No method of treating tobacco or
filtering the s~oko has been dem-
onstrated to be effective In ma-
terially reducing or olAminatlng
the hazard of lung cancer. • 7-
The nonsmoker ha= a lower Incidence
of lung canner than the smoker in
all controlled studios, vhothor
analyzed in terms of rural trots,
urban regions,., industrial occupa-
tions, or sex. 6. Persona vho
have never smoked tt all (cig-
arettes, cigars, or pipe) have the
beat chance of oseaplng lung canner.
70 Unless the use of tobacco can
be made safe, the Individual person
risk of lung canner can beat be re-
duced _by .the elimination of rooking."
This article vat the sub,oct of an edi-
torial in a subsequent issue of the ~.A.M.A.
Dr. ~ohn H. Talbot, Editor of the
vrote In part as follovs t "A ~ber of
t~tho~,ttlos vho ha~e examined the sane ev-
Idenee elted b~r Dr. Btu.ne~' do not agree
vlth his eoneluslons." Further, "Selthe:
the p~eponents nor the opponents of the
theoz7 have sufflelent evldenee to
var~nt the asawnptlon of an a11-o~-none
authoritative ~osltlon." (~.A.M.A., Dee-
mb~ 12, 1979)]
A Z have read about tone of his. Z don't
.~eeall speelfloallĄ vhat he said, but Z do know that he
nat e~ented on the subject.
(~k~en, p.
[Note t Haag had heard of Dr. Helle:
(p. 26). Ha~er vat shown a stateuent and
stated that he had seen s~ething stnilar to
it, but didn't remember it in detail. (p. 88)]

referred ~o Was
~ before ~e Sub--tree
your attention; ~ star, eat by the ne~ off2cer of
hea~th of the Central Counm~ fo~ ~ealth, ~ducatŁon
of ~h~ Tavtstoa~ House ~a Tavl~t~ak ~quare, in London,
"l~ is my du~y to warn a~l cig-
arette smokers ~t there is now con-
s greater ri~ of ~ntract~g c~er
Glv~ ~ ~~ reduces ~e rl~."
~nder~eath ~hat ~sJ "The Centra~ Council
for ~e~th ~ducatŁon, TavŁstoak house, Tav~stock ~quare,
LOJ:U~or~ 0'*
A NO,
(C~ow~, po 20)
[~ot~: The above quo~tŁon Is the
legend on a pos~er
He,mann was stoked whether it had ever
been brou@ht to his attaatŁon tha~ the
B~Łtiah ~over~en˘ had d~strXbuted posters
t~ast t~.~ relationahŁ~, between ctg-
and ~ung cancer was one of dlrect
cause and effect." fie replied "I have
• ead reports o~ various kinds of actlon
~t ~9 spe~ of ~ s~e 8~por~
(~. 76) ~
Q Are you also fmm~.~ar with ~h~ fact tha~
Brltlsh Gover~ent has a~ao s~a~ed --
I~, Iff~flt ~mae objection.
(Cont~) -- that"
"~he r~atŁonship between ~tgaret~es and
-7-

~l~e conclusion was based ~ large part
Co~c~ ~d ~te ~t "five subs~ce8
have ~e8~ been ~o~d (~ ~cco ~e)
c~s~ces, of caus~ ~cer ~ ~-
m~s~ ~e ~rkers h~e succeed~ ~
concentrated extracts o~ ~cco ~ar
-8-

-9-

The papel's thomselves~-
(Cz~ee, p. 19)
[iloto~ D~. Chazles ~;.
posSt~on ~ 1~6 ("I~ (g~e A.C.S.)
~~ to t~ ~e p~l*e ~t to
rake. It does ~t~ to eq~p
P.
~he A.C.5. adopted the Study
