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Bliley American Tobacco Co

Confidential summary prepared by American outside counsel containing outside counsel's analysis and opinions regarding deposition testimony.

Date: 1959
Length: 22 pages
ATMNPRIV0009209-ATMNPRIV0009230
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bliley_atc ATMNPRIV0009209

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AC/WP
Type
Summary
Request
A,B,C
02,03,09
Date Loaded
22 Apr 1998
Author (Organization)
Chadbourne & Parke 1
Folder
Smoking & Cancer

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1. Chadbourne & Parke Author (Organization)
  • inferred

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Page 1: ATMNPRIV0009209
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
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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~sttst£csl 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.
Page 3: ATMNPRIV0009209
yet or doee that mean -- yots b~t £t ~ sO~ ~t ~ £t ~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~£az wlth the ~tUd~ Qr~up report. ~HaaS, p. 2~1 Rockett, pp. ~-~) [The ~tud~ Oroup report was published ~9~7. ] -3-
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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
Page 5: ATMNPRIV0009209
~led~e of ,Posl.~tons Taken Various Bodies" (~ontl~ued) asked If he had ever seen the state- s~tnethin~ $£m~.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
Page 6: ATMNPRIV0009209
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- £1o~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 speelfloall¥ 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)]
Page 7: ATMNPRIV0009209
referred ~o Was ~ before ~e Sub--tree your attention; ~ star, eat by the ne~ off2cer of hea~th of the Central Counm~ fo~ ~ealth, ~ducat£on 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 ~ducat£on, Tav£stoak house, Tav~stock ~quare, LOJ:U~or~ 0'* A NO, (C~ow~, po 20) [~ot~: The above quo~t£on Is the legend on a pos~er He,mann was stoked whether it had ever been brou@ht to his attaat£on tha~ the B~£tiah ~over~en¢ had d~strXbuted posters t~ast t~.~ relationah£~, 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~at£onship between ~tgaret~es and -7-
Page 8: ATMNPRIV0009209
~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-
Page 9: ATMNPRIV0009209
-9-
Page 10: ATMNPRIV0009209
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

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