CHAPTER 17

1. John W. Burgard to R. A. Pittman et al., “Smoking and Health Proposal,” Aug. 21, 1969, Bates 680561776–1777, and attached speech at 680561778–1786, p. 4. It is not entirely clear who spoke these “doubt is our product” lines. One copy of the speech has a marginal notation “J VB,” which would be John V. Blalock, Brown & Williamson’s director of public relations. Page 2 of the speech refers to “Mr. Yeaman’s and John Blalock’s files,” however, suggesting that this part—including the “doubt is our product” passage on p. 4—was spoken by someone else. The initials “CM” are directly under JVB’s on p. 1, and this is clearly Corny Muije from the marketing department, who was also presenting. Muije does not begin his remarks until page 5, however, which is one page after the “doubt is our product” remarks. The “doubt” passage therefore cannot be either Blalock or Muije and is probably spoken by John W. Burgard, the company’s powerful marketing VP. For early public discussions of this memo, see “Tobacco Firm Used Doubt Ads Says FTC Secret Report,” Plain Talk (Newport, TN), July 8, 1981, Bates 690834754; and Glantz et al., Cigarette Papers, pp. 188–89. John W. Burgard was named vice president for advertising at Brown & Williamson in the 1950s. At B&W he supervised Dr. I. W. (“Wally”) Hughes, director of “research relative to health and outside studies,” and Robert A. Sanford, director of research product and process. There are other B&W memos listing “doubt” as a “product”; see the untitled chronology listing “Doubt” as the company’s “Product” in a list of “Marketing Elements,” circa 1969, Bates 690010940–0945. Burgard was also the author of “History of Cigarette Advertising” up to 1953 (Bates 04238374–8433).

2. Matthew L. Myers (for the FTC), “Staff Report,” May 1981, Bates 680559945.

3. Keith Richardson to R. E. Thornton (BAT Southampton), April 27, 1984, Bates 201774616–4619.

4. Brown & Williamson, How Eminent Men of Medicine and Science Challenged the Smoking-and-Health Theory during Recent Hearings in the U.S. Congress, 1969, Bates 80059834–9841. For a list of more than a hundred papers, pamphlets, films, bumper stickers, and booklets distributed by the Tobacco Institute as of 1978, see “Inventory Index,” July 1978, Bates TI16581095–1103; also “Institute Publications, Smoking and Health Related, 1983–Present,” Bates TI10590658–0659.

5. For a 187-page compendium of industry-friendly sound bites on tobacco and health, a veritable encyclopedia of expert ignorance, see the Tobacco Institute’s “Smoking & Health Quotes Book” (intended for internal use), Nov. 1977, Bates 500504903–5089.

6. This strategy was already in place in Germany in the 1930s; for this Paradegreise v. Paradeleichen see “ ‘Tabakmissbrauch?’ ” Reine Luft 21 (1939): 101.

7. See, for example, Jacob Cohen and Robert K. Heimann, “Heavy Smokers with Low Mortality,” Industrial Medicine and Surgery 31 (1962): 115–20. Raymond H. Rigdon in a letter to the editor of Industrial Medicine and Surgery wrote that Cohen and Heimann’s study was “very difficult to refute”; this was then blown up into an American Tobacco press release (Bates 991107248–7250) and widely reported; see, for example, “New Survey Disputes Tobacco-Cancer Link,” Shreveport Times, March 5, 1962, Bates 500034009.

8. See, for example, the Tobacco Institute’s “Centuries-Old Smoking/Health Controversy Continues,” Caravan 2 (Jan. 1968): 2–3.

9. “The Cigarette Controversy: 8 Questions and Answers,” Caravan 3 (July 1969), Bates 507828498–8509.

10. For “creating doubt about the health charge”: Fred Panzer to Horace Kornegay, “Roper Proposal,” May 1, 1972, Bates TIFL0532362–2365. For “keep the controversy alive”: Sharon Boyse (BAT), “Note on a Special Meeting of the UK Industry on Environmental Tobacco Smoke, London, February 17th, 1988,” Bates 2063791176–1180. On the production of ignorance more generally, see my Cancer Wars, esp. chap. 5, and the volume edited by myself and Londa Schiebinger: Agnotology: The Making and Unmaking of Ignorance (Stanford: Stanford University Press, 2008).

11. “Why We’re Dropping the New York Times” (AT ad), 1969, Bates 92382204. This ad was placed in at least thirty-one U.S. newspapers and magazines at a cost of $105,702; see Norman Chester to Robert K. Heimann, Sept. 5, 1969, Bates 947090322–0323.

12. Darr’s letter is cited in A. H. Carrington to E. A. Darr, July 15, 1954, Bates 500718891–8892. For “direct evidence”: Paul M. Hahn, “President’s Letter to Our Stockholders,” Feb. 4, 1958, Bates 945251644–2136, p. 10. For the words of Liggett Chairman and President Milton E. Harrington, see “Report of the Annual Meeting of Stockholders, April 27, 1965,” Bates LG0154575–4587, p. 7. For Lorillard, see A. W. Spears to J. E. Bennett, “Possible Questions and Answers Pertaining to the Annual Meeting,” Feb. 27, 1968, Bates 94672608–2616.

13. “Test Yourself on Tobacco/Health Issue,” Caravan (Reynolds), May 1968, Bates 502283878. Employees are quickly informed that the correct answer is “c” in both instances.

14. “Needed: Less Heat and More Light,” Philip Morris Call News, Aug. 1967, Bates 2051033546–3547.

15. For examples, see the Congressional Record, Dec. 4, 1967, pp. S17792–17815, Bates 00619074–9097.

16. R. J. Reynolds, “Internal Communications Publications,” 1982, Bates 500644776–4801, p. 20.

17. For “unanswered questions”: “Leading Scientist Rejects Smoking-Cancer Theories,” RJR World, March–April 1974, Bates 502284007; “Fact and Fiction,” Caravan, May 1968, Bates 502283877. For “no demonstrated relationship”: “Smoking: Villain or Innocent Victim?” Tobacco International Communiqué (Reynolds Tobacco International), 5 (Nov.–Dec. 1980), p. 1, Bates 502130740–0759. For “pack a day”: Management Bulletin (Reynolds), 9 (Aug. 5, 1957), Bates 508082205–2206. Rodgman by 1962 was worrying that his senior management was not getting valid scientific information and recommended distributing reports such as the Royal College of Physicians’ Smoking and Health to all supervisory personnel. This, he thought, would keep them “better informed about the cigarette smoke-health problem than they would be if their main information sources were the daily newspaper, Reader’s Digest, etc.”; see his “Critical and Objective Appraisal,” p. 15.

18. “Consumer Research Proposal: Employee Attitude Survey,” 1982, Bates 501302435–2437.

19. “R. J. Reynolds Industries and Non-Tobacco Subsidiaries,” 1980, Bates 505566775–6783, p. 5, with thanks to Jenny Pegg for discovering this document and method.

20. For “if the law . . . violence”: “Los Alamos County Smoking Ordinance,” Dec. 3, 1982, Bates 5705313–5317. For “campaigning”: Charmian Schaller, “Tobacco Institute Poll Raising Eyebrows Here,” Los Alamos Monitor, Dec. 15, 1982, Bates 2025684507–4509.

21. For “how to respond”: Sales Representative Training Manual, vols. 1 and 2 (Reynolds: WLC, 1996), Bates 519810305–0853. For “complicated mathematical models”: “R. J. Reynolds Issues Guide,” Nov. 6, 1996, Bates 519980204–0441, pp. 3.1.1—3.1.5.

22. Philip Morris, “Jokes,” 1978, Bates 2501241757–1769. Jokes of this sort were included as part of the industry’s larger “Issues A–Z” pamphlet (Dec. 22, 1983, Bates 1005097556–7692). Humor is an important part of the industry’s dismissal of smoking’s hazards; see, for example, P. J. Hoffstrom’s marvelous “Hoff ’n’ Puff,” Tobacco Observer, April 1980, Bates TIMN0121130–1141, p. 10.

23. “Issues A-Z,” Dec. 22, 1983, Bates 1005097556–7692. This Philip Morris manual was periodically updated; see “Spokespersons’ Guide,” Oct. 1987, Bates 2503012201–2328. The Tobacco Institute developed a ninety-seven-page guide for its employees, incorporating both position statements and humor; see its “Overarching Themes/Rhetoric,” 1986, Bates 0135836–5932.

24. Tobacco Institute, “College of Tobacco Knowledge,” Nov. 16, 1981, Bates 690133003–3018; compare the biographies in “Student Profiles,” Bates 89118698–8709; and for video from the 12th Annual Tobacco College, see http://www.archive.org/details/tobacco_car91f00.

25. “Dr. CJ Proctor—Travel/Meetings Schedule 1993–1994,” Bates 500895887–5889; and “Training Schedule,” Bates 500895884–5886.

26. Monique E. Muggli and Richard D. Hurt, “A Cigarette Manufacturer and a Managed Care Company Collaborate to Censor Health Information Targeted at Employees,” American Journal of Public Health 94 (2004): 1307–11. Muggli and Hurt suggest that CIGNA’s willingness to censor health information for the tobacco giant might have something to do with the fact that the insurer by 1995 held nearly $60 million in Philip Morris stock.

27. RJR Nabisco, “Annual Meeting of Shareholders,” April 17, 1996, Bates 520800648–0821.

28. We shouldn’t exaggerate their sophistication: a 932-page bibliography of books in Philip Morris’s research library, for example, lists no works by Fritz Lickint, Germany’s premier antitobacco scholar; see “Holdings of the Philip Morris Research Center Library,” 1985, Bates 1002300062–0991.

29. For “couldn’t be criticized”: Kluger, Ashes to Ashes, p. 276. For “We within the industry are ignorant”: W. L. Dunn to R. B. Seligman, March 21, 1980, Bates 1003289969–9970.

30. “Job Description,” Sept. 1993, Bates 500895882–5883; compare 500895868–5871.

31. Randy W. Fulk, “Message from the President,” http://317t.com/presmess0903.html.

32. Elizabeth M. Whelan et al., “Analysis of Coverage of Tobacco Hazards in Women’s Magazines,” Journal of Public Health Policy 2 (1981): 28–35; also her 2002 testimony before the Senate Subcommittee on Oversight: “Women’s Magazines Cover Up Smoke Risks,” http://www.acsh.org/healthissues/newsID.121/healthissue_detail.asp; and Kenneth E. Warner and Linda M. Goldenhar, “The Cigarette Advertising Broadcast Ban and Magazine Coverage of Smoking and Health,” Journal of Public Health Policy 10 (1989): 32–42. For “kind of prison”: Gloria Steinem, “Sex, Lies & Advertising,” Ms. (July-Aug. 1990), cited in Bates TI51631155.

33. George Gitlitz, “Cigarette Advertising and the New York Times: An Ethical Issue That’s Unfit to Print?” New York State Journal of Medicine 83 (1983): 1284–91.

34. “Follow-up of a Cover-up,” New York State Journal of Medicine 85 (1985): 285–86.

35. Morton Mintz, “Parsing an Op Ed Ad in the Times,” Nieman Watchdog (online), May 9, 2009; Simon Chapman, “Advocacy in Action: Extreme Corporate Makeover interruptus: Denormalising Tobacco Industry Corporate Schmoozing,” Tobacco Control 13 (2004): 445–47.

36. Ruth Rosenbaum, “Cancer, Inc.,” New Times, Nov. 25, 1977, pp. 28–43. Rosenbaum had earlier warned against the “Gestapoesque” tactics of nonsmokers: “Light up in the wrong place in Chicago and you’ll be hauled into court and fined. Take a drag in a San Francisco ice cream parlor and sirens will squeal on you. Smoking in public places, once unquestioned, is now a hotly contested civil rights issue”; see her “Skirmish over Smokers’ Rights,” New Times, Dec. 10, 1976, pp. 47–53, Bates 2024272998–3004.

37. “Project Censored” website: http://www.projectcensored.org/static/1977/1977-story2.htm.

38. Frederick Panzer (TI) to Jim Peterson (Reynolds), Nov. 15, 1977, Bates 500083670–3671; Carl Jensen and Project Censored, 20 Years of Censored News (New York: Seven Stories Press, 1997), p. 49. Rosenbaum’s article was reprinted and distributed to the public through Philip Morris’s Tobacco Action Program launched in 1978; see Bates 2053630241–0341.

39. Brennan Dawson on Crossfire, March 10, 1994, Bates TIMN0010651/0652, and the MacNeil/Lehrer NewsHour, April 1, 1994, Bates 515731622–1624.

40. Sharon Boyse (BAT) to the Daily Telegraph, June 29, 1994, Bates 500810940–0941.

41. “Baboons in Texas” (TI press release), March 12, 1982, Bates TIMN0120729–0730.

42. “The Marlboro Story: Death in the West,” Sept. 9, 1976, Bates 2501188248–8260.

43. Takeshi Hirayama, “Non-Smoking Wives of Heavy Smokers Have a Higher Risk of Lung Cancer: A Study from Japan,” British Medical Journal 282 (1981): 183–85; D. Trichopoulos et al., “Lung Cancer and Passive Smoking,” International Journal of Cancer 27 (1981): 1–4; U.S. Department of Health and Human Services, The Health Consequences of Involuntary Smoking: A Report of the Surgeon General (Washington, DC: U.S. Government Printing Office, 1986); National Research Council, Environmental Tobacco Smoke (Washington, DC: National Academy Press, 1986); U.S. Environmental Protection Agency, Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders (Washington, DC: EPA, 1992).

44. For “deep shit” and “silver bullet”: Philip Morris, “Project Down Under: Conference Notes,” June 24, 1987, Bates 2021502102–2134. Philip Morris here concedes that research into the ETS threat “peaks in 1984, perhaps because scientific community feels issue is resolved.”

45. Monique E. Muggli, Richard Hurt, and Douglas Blanke, “Science for Hire: A Tobacco Industry Strategy to Influence Public Opinion on Secondhand Smoke,” Nicotine & Tobacco Research 5 (2003): 303–14; also “Indoor Air Quality Association: A Proposal,” 1989, Bates TCAL0475063–5071.

46. http://www.jti.com/cr/positions/cr_positions_environmental_smoke.

47. Morton Mintz, “The ACLU’s Tobacco Addiction,” Progressive, Dec. 1998, reprinted in Bates 580033285–3306.

CHAPTER 18

1. George Gallup, “Health Service Report Yet to ‘Sink in’ with Smokers: Little Change in Beliefs on Cigaret-Cancer Link in New Poll” (press release), Aug. 10, 1958, Bates TIMN0460 713–0714.

2. Elmo Roper and Associates, “A Study of Attitudes toward Cigarette Smoking and Different Types of Cigarettes, Volume I” (prepared for Philip Morris), Jan. 1959, Bates 10017 53936–4029.

3. George H. Gallup, The Gallup Poll: Public Opinion 1935–71, vol. 2 (New York: Random House, 1972), Bates 2072420455–0457; Louis Harris, “The Harris Survey,” Washington Post, Feb. 1, 1965; National Clearinghouse for Smoking and Health, Use of Tobacco: Practices, Attitudes, Knowledge, and Beliefs. United States—Fall 1964 and Spring 1966 (USDHEW, July 1969), Bates PA/000728, pp. 52, 68. The best summary of polls from the 1950s and early 1960s is the Gallup Organization’s “Trends in Public Attitudes on the Possibility of a Health Hazard in Cigarette Smoking,” March 1964, Bates 500006198–6249, p. R-4.

4. Lorillard, “Report of a Series of Depth Interviews on Cigarettes,” 1956, Bates 84439158–9247.

5. “Many Doctors Link Smoking and Cancer,” Washington Daily News, Oct. 26, 1960, Bates 1003543302–3654 at 3338.

6. Kenneth M. Colby, A Primer for Psychotherapists (New York: Ronald Press, 1951), p. 39; Morris Fishbein to Harris B. Parmele, June 2, 1954, Bates 89752410–2411; Medimetric Institute, “Doctors and Smoking (IV): Their Smoking Habits, Their Advice to Patients on Smoking, and Their Views on the Correlation between Cigarette Smoking and Lung Cancer” (for Hill & Knowlton for the TIRC), Oct. 1959, Bates 2072420444–0454. For “bunch of eggheads”: W. A. Pennington to Edward Horrigan, Feb. 10, 1984, Bates 500638180–8181.

7. P. C. Luchsinger, “Project 6900: Physiological Studies,” Oct. 25, 1966, Bates 100034 1400–1414, p. 2; Roper Research Associates (for the TI), “A Study of Public Attitudes toward Cigarette Smoking and the Tobacco Industry,” July 1970, Bates 505549471–9536 at 9515; Roper Research Associates (for Philip Morris), “A Study of Cigarette Smokers’ Habits and Attitudes,” May 1970, Bates 1002650000–0392, pp. 9–14.

8. Roper Research Associates (for Philip Morris), “A Study of Cigarette Smokers’ Habits and Attitudes in 1970,” May 1970, Bates 1002650000–0392, pp. 13, 18, 39.

9. Jeffrey M. Jones, “Latest Gallup Update Shows Cigarette Smoking Near Historical Lows,” July 25, 2007, http://www.gallup.com.

10. For U.S. polls: “Degree of Public Concern” (after 1972), Bates 85873496. For Britain: “60 Per Cent of British Smokers Doubt Cigarette-Health Tie, Survey Discloses,” U.S. Tobacco Journal, Oct. 22, 1964, p. 12, reprinted in Cigarette Tow Newsletter, Nov. 15, 1964, p. 9, Bates 01193948–3972. For Britain 1984: Mike Daube in “Sponsorship and Sport,” July 14, 1984, Bates 100198288, p. 14.

11. C. E. Hooper, Inc. (for Ted Bates & Co. and the Tobacco Institute), “Smoking Attitudes Study,” Oct. 1967, Bates TIMN0003735–3760.

12. “Cigarettes Safe, Says U.S. Jury,” Charlotte Observer, Nov. 29, 1964, reprinted in Cigarette Tow Newsletter, Dec. 15, 1964, Bates 80630286–0316.

13. U.S. Department of Health, Education and Welfare, Teenage Smoking: National Patterns of Cigarette Smoking, Ages 12 through 18, in 1968 and 1970 (Rockville, MD: National Clearinghouse for Smoking and Health, 1970), Bates 508124383–4532.

14. U.S. Department of Health, Education and Welfare, Use of Tobacco: Practices, Attitudes, Knowledge, and Beliefs (Rockville, MD: National Clearinghouse for Smoking and Health, 1969), Bates PA/000728, pp. 727, 743.

15. Roper Organization, “A Study of Public Attitudes toward Cigarette Smoking,” July 1982, Bates 1002665283–5749, pp. 3–25.

16. Louis Harris and Associates, Prevention in America: Steps People Take—or Fail to Take—for Better Health (Emmaus, PA: Rodale Press, 1985); Cynthia Hawkins (Philip Morris), “Prevention Index,” July 11, 1984, Bates 2021561397–1398. For the Harris survey of experts: Bates TI04352082; and for the Tobacco Institute’s gloss: Bates TIMN0397786.

17. Matthew L. Myers et al., Federal Trade Commission Staff Report on the Cigarette Advertising Investigation, esp. chap. 3, “Consumer Knowledge of the Health Hazards of Smoking” (FTC, May 1981), Bates 500630393–0440; compare also “FTC Report on Smoking Hazards,” Radio TV Reports, Inc. (for the Tobacco Institute), June 25, 1981, Bates TIMN 0249208; and the exposé by Jack Anderson: “Extinguished: Report on Cigarettes,” New York Post, June 22, 1989, Bates 2024931390. For Koop: U.S. Department of Health and Human Services, Reducing the Health Consequences of Smoking: 25 Years of Progress. A Report of the Surgeon General (Washington, DC: U.S. Government Printing Office, 1989), pp. 171–258.

18. “Smoking Causes Male Sexual Impotence: BMA Calls for Health Warnings,” June 2, 1999, Bates 5001075295–5296; David Hammond and Carla Parkinson, “The Impact of Cigarette Package Design on Perceptions of Risk,” Journal of Public Health 31 (2009): 345–53.

19. For “little or no harm”: World Bank, Curbing the Epidemic: Governments and the Economics of Tobacco Control (Washington, DC: World Bank, 1999). For 2009: Yang Gonghuan, personal communication.

20. For “de-tarred”: Raymond E. Scott to Reynolds, Feb. 18, 1986, Bates 505560787–0789. For design: Lynn Kozlowski et al., “Smokers Are Unaware of the Filter Vents Now on Most Cigarettes: Results of a National Survey,” Tobacco Control 5 (1996): 265–70. Many people seem to believe tar is added to cigarettes, when the reality is that it is the outcome of burning. It is surprising how often even scholars say cigarettes “contain” tar—they do not.

21. “Kool Test Results,” in Brown & Williamson’s “Marketing Elements,” ca. 1969, Bates 690010940–0945 at 0945.

22. For “overemphasized”: Anne Duffin to William Kloepfer, June 29, 1973, Bates TIMN 0100443–0446. For showings figures: William Kloepfer to T.I. Staff, “Distribution of ‘Need to Know’, ” Oct. 1, 1973, Bates TIMN0078203; also Bates TINY 0013656–3660 and TINY 0013545–3550. For Answers We Seek: Modern Talking Picture Service, “Certifications of Showing,” April 30, 1982, Bates TINY0017222–7223. And for other movies see “Films at The Tobacco Institute,” Feb. 1976, Bates TI16590203. Barry Palin Associates in London produced a string of similar films for the industry, with titles like What about Smoking (1972); Care for a Smoke (1975); SAS—Cabin Air Quality (1987); The Science of Quality (1988); The Air We Breathe (1988); Of People and Numbers (1989); Why People Smoke (1990); Other People’s Smoke (1990); International News (1991); The Courtesy of Choice (1994); and Good Air Quality Is Simply Good Business (1995).

23. Jon A. Krosnick, LinChiat Chang, Steven J. Sherman, Laurie Chassin, and Clark Presson, “The Effects of Beliefs about the Health Consequences of Cigarette Smoking on Smoking Onset,” Journal of Communication 56 (2006): S18–37.

24. The 95,000 letters preserved—almost all of which are to or from Reynolds—are only a tiny fraction of this total correspondence. By 1966, for example, Reynolds alone was getting over 35,000 letters per year in sales correspondence, plus another 5,000-odd letters handled by Public Relations; see R. D. Thompson to C. B. Wade, “Survey of Company’s General Public and Consumer Correspondence Procedures,” Feb. 2, 1966, Bates 500026301–6303.

25. Eloise B. Orton and Hester H. Williams to Reynolds, Oct. 16, 1954, Bates 500736528; J. C. MacDonald to Reynolds, Jan. 18, 1956, Bates 500706926–6928; J. Moore to Reynolds, May 15, 1985, Bates 505438434–8437. For the wildflower/filter idea, complete with a schematic diagram, see John R. Veillette to Walker Merryman, Aug. 1, 1989, Bates TI50240398–0399.

26. Ruth Rosander to Reynolds, Nov. 15, 1985, Bates 505563332–3333; Bucky Riley to Reynolds, Feb. 10, 1986, Bates 505563287–3289; Albert Rex to Reynolds, Dec. 6, 1985, Bates 505563316–3318; Al Rogers to Chairman of the Board, mid-August, 1986, Bates 505563272–3275; Mrs. C. M. Edwards to Reynolds, Nov. 15, 1985, Bates 505489065–9068; Miriam G. Adams (Reynolds) to C. M. Edwards, Dec. 11, 1985, Bates 505489064.

27. For “all this hooy”: Lillie B. Pollack to Reynolds, May 27, 1970, Bates 500330605. For “hysterical propaganda”: Foster Gunnison to Editor, Hartford Courant, Feb. 18, 1984, Bates 502273002 (copied to Reynolds). For “smoking does not create cancer”: Martin Hunter to Consumer Relations, July 24, 2000, Bates 580103242–3362. For “vastly exaggerated”: Rosalind B. Marimont to Reynolds, Aug. 29, 2000, Bates 522870033–0034. For “emotions”: Frankie Hanlon to President, July 17, 2000, Bates 522752134–2136. For “treated foods”: Peter Wersching to Reynolds, Aug. 4, 1997, Bates 517725173. For “theory just like Darwin’s”: John E. Dearing to Reynolds, Aug. 14, 1984, Bates 500621458–1460.

28. David R. Steindorf to Reynolds, Nov. 23, 1958, Bates 502393488; W. S. Koenig to Steindorf, Dec. 9, 1958, Bates 502393487; M. Vinal to Reynolds, n.d., Bates 502393634–3635; W. S. Koenig to M. Vinal, June 10, 1959, Bates 502393633.

29. See, for example, William C. Sugg to Reynolds, Jan. 27, 1964, Bates 500707039–7041.

30. Kazuhiro Ito to Reynolds, May 13, 1998, Bates 524268160. Complaint letters of this sort were typically stamped “highly confidential.”

31. T. A. Porter (Reynolds) to Viola M. Wright, Jan. 17, 1964, Bates 500707082; Thomas Dixon to Mrs. Herbert Nauman, Feb. 14, 1964, Bates 500706974–6975; P. T. Wilson Jr. to Sam Veatch, Jan. 24, 1964, Bates 500707052; T. A. Porter to Ralph Sanders, Jan. 29, 1964, Bates 500707023.

32. W. S. Koenig to J. L. Sipe, Feb. 28, 1964, Bates 502395317; T. A. Porter to Harold V. Moloughney, April 7, 1964, Bates 500706971; P. T. Wilson Jr. to C. W. Van Gilder, June 19, 1964, Bates 500707054; T. A. Porter to Henry M. White, June 17, 1965, Bates 500733884–3885;

33. T. K. Cahill to Paul A. Meglitsch, Oct. 16, 1973, Bates 500589318; T. K. Cahill to Anne Warhover, April 4, 1972, Bates 500670928–0929. T. A. Porter and P. T. Wilson started using the “cold fact” formula in letters from Feb. 18 and 19, 1964 (Bates 502394523, 502394288).

34. John W. Higgins to Reynolds, “Nicotine Fit,” July 15, 1991, Bates 507726290–6292.

35. Carol Beattie to Reynolds, April 13, 1989, Bates 515558118–8120; first ellipsis in original.

36. Ruthann and William W. Kellams to Camel, Jan. 2, 1991, Bates 507717494–7495.

37. Mrs. Hall W. Grimmett to Reynolds, Sept. 9, 1986, Bates 514255569–5573.

38. Compare Pipkin to Reynolds, Jan. 8, 1968, Bates 500314401.

39. Thompson to Wade, “Survey of Company’s General Public and Consumer Correspondence.”

40. A search of dt:consumer letter “am addicted” retrieves 25 documents, all letters from smokers making this confession. A search of dt:consumer letter “am not addicted,” by contrast, returns only 6 letters. All of the “am addicted” letters are from 1985 or later, interestingly.

41. Diane LoRusso to Reynolds, ca. June 8, 1976, Bates 500314372; compare Willis T. Maley to Reynolds, April 30, 1976, Bates 500314379.

42. Noel C. Stasiak to Reynolds, June 29, 1990, Bates 507853488.

43. Sharon Marvin to Reynolds, Oct. 15, 1999, Bates 522749715–9717.

44. Jana Clyne to Reynolds, Oct. 21, 1999, Bates 522749718–9720. Hostile correspondents were sometimes called “screamers”; see J. Restivo, “Forwarding Call Sheets for Underage Screamers,” April 28, 1994, Bates 2078713415. For Philip Morris’s booklet on how to deal with “screamers” and other forms of “white mail,” see E. Chapman, “Direct Marketing System Procedures Manual,” Nov. 1, 1993, Bates 2042007430–7606.

45. Miriam G. Adams to Annette Rodrigues, Sept. 24, 1986, Bates 505563268.

46. Miriam G. Adams, “S & H: Brief Reply (Primarily for Children),” 1985, Bates 505485325.

47. William D. Hobbs to Regna Goode, March 30, 1977, Bates 501478999–9000. For samples of Reynolds’s form letters, see Miriam G. Adams to Herb Osmon, Feb. 13, 1985, Bates 505485307, and additional forms at Bates 505485311–5331.

48. Mary M. Tipple to Reynolds, Jan. 2, 1996, Bates 524108187.

49. For “organized thugs”: Edward Morley to Reynolds, “Sleaze and Deceit,” Jan. 6, 1996, Bates 524108189–8191. For “pleasing to kill”: Meghan E. Colasanti to Disgusting Cigarette Company, Dec. 3, 1990, Bates 507726752–6756. For “murder”: Irma Delisle to Reynolds, July 20, 1991, Bates 507726763–6765.

50. Corinne Martin, letter to the editor in Time, May 30, 1994, Bates 513614143–4147.

51. Roper Organization, “A Study of Public Attitudes toward Cigarette Smoking,” July 1982, Bates 1002665283–5749, p. 31.

52. Paul Slovic, ed., Smoking: Risk, Perception, and Policy (Thousand Oaks, CA: Sage, 2001).

53. Kwechansky Marketing, “Project 16: English Youth” (Report to Imperial Tobacco), Oct. 18, 1977, Bates 566627826–7935.

54. W. Kip Viscusi, Smoking: Making the Risky Decision (New York: Oxford University Press, 1992).

55. Lydia Saad and Steve O’Brien, “The Tobacco Industry Summons Polls to the Witness Stand: A Review of Public Opinion on the Risks of Smoking,” paper presented at annual meeting of the American Association for Public Opinion Research, May 15, 1998, Bates 82286394–6421. Compare also the sharp rebuke of Lacy K. Ford by Frank Newport, editor in chief of the Gallup Organization, in his letter to Ford from June 12, 1998, Bates 82286438–6441.

56. To avoid clutter I have omitted citations, which can be found by searching the industry’s internal documents at http://legacy.library.ucsf.edu.

57. “Address by Addison Y. Yeaman . . . to the Tobacco Growers Information Committee, Annual Meeting, Nov. 6, 1967, Raleigh, NC,” reprinted in Congressional Record, Dec. 4, 1967, pp. S17804–17805, Bates 00619804–9097.

58. Samuel J. Ervin, “Lung Cancer—A Disease of Unknown Cause,” Congressional Record, Dec. 4, 1967, pp. S17792–17804, Bates 00619074–9097. Ervin also wondered how smoking could cause cancer of the lung given that stomach cancer had declined over the course of the century: “Are we to assume that smoking has cleansed the stomach while fouling the lungs?”

59. “Safer Cigarettes a Reasonable Goal,” Asheville Citizen, Feb. 3, 1972, Bates TI55752634.

60. Abe Krash (Arnold, Fortas & Porter) to Ramm et al., May 23, 1964, Bates LG2006318–6330.

61. Richard Sobol to Ramm et al., “Consumer Survey,” in Bates LG2006318–6330, p. 2.

62. Ibid., p. 4.

63. Horrigan went on to claim that “no causal link between smoking and disease” had been established; see Bates 03607523–8364, pp. 136–38, also Bates TIMN0123947–3967; and for the legal forms used to generate such comments: Bates TIMN0198492–8511 and 03013979–3995.

64. Joan F. Cockerham (Reynolds) to Larry Stuart, Jan. 18, 1991, Bates 507726504–6504.

65. American Law Institute, Restatement (Second) of Torts (Philadelphia: ALI, 1964); and for background: Daniel Givelber, “Cigarette Law,” Indiana Law Journal 73 (1998): 867–82.

66. Elizabeth Laposata, “From Strawberries to Cigarettes: How the Tobacco Industry Sabotaged the Restatement (Second) of Torts and Successfully Subverted Injured Plaintiffs’ Cases for Decades,” unpublished ms.

67. For ignorance of tar and nicotine numbers: “Color Perception” (Marketing Report, Brown & Williamson), 1978, Bates 774066281. American Tobacco’s first mention of letting “sleeping dogs lie” with reference to carbon monoxide appears in Hanmer to Lieb, Aug. 20, 1932, Bates 950160697–0700. For “presently unaware”: Brown & Williamson, “FACT: Concept Description & Potential and Marketing Plan,” 1976, Bates 464702663–2685, p. 8.

68. Paul A. Eichorn to Robert Seligman, June 2, 1978, Bates 1003725613.

69. Helmut Wakeham to Dr. Seligman, Feb. 22, 1979, “Program Review—Psychology,” Bates 1000017226–7227; H. David Steele to M. J. McCue, “Future Consumer Reaction to Nicotine,” Aug. 24, 1978, Bates 665043966; Federal Trade Commission, “ ‘Tar,’ Nicotine, and Carbon Monoxide of the Smoke of 1262 Varieties of Domestic Cigarettes,” 1999, http://www.ftc.gov/os/1999/09/1996tnrpt.pdf.

70. Kenneth D. Ward et al., “Characteristics of U.S. Waterpipe Users: A Preliminary Report,” Nicotine & Tobacco Research 9 (2007): 1339–46.

71. Milton E. Harrington, deposition testimony in Cipollone v. Liggett, May 15–16, 1985, Bates HarringtonM051685 and 051585.

72. Annual Presidential Proclamations for Cancer Control Month are available at http://www.presidency.ucsb.edu, a site organized by John T. Woolley and Gerhard Peters as part of the American Presidency Project. My thanks to Tommy Tobin for discovering and analyzing these documents.

73. For Dole: David Corn, “Bob Dole and the Tobacco Connection,” The Nation, March 28, 1987, Bates TI02682553–2555; Glenn Frankel, “Dole’s Link to Big Tobacco Aged in Years of Dealmaking,” Washington Post, May 18, 1996; James J. Kilpatrick, “We Still Don’t Know If Cigarettes Really Do Cause Cancer,” Dec. 19, 1985, Bates 505562046–2051. Rush Limbaugh’s radio show from April 29, 1994, is cited in “The Way Things Aren’t: Rush Limbaugh Debates Reality,” http://www.fair.org/index.php?page = 1895.

74. Karen Schindler, “Caravan—Consumer Relations: All in a Day’s Work,” March 30, 1998, Bates 527851880–1882; Jeffrey A. Kuchar, “Internal Audit Report, Marketing-Promotion Fulfillment Winston-Salem,” July 22, 1997, Bates 54487258–7269.

75. “Philip Morris Customer Care Vision 2000: Defining a New Approach to Customer Relationship Management,” April 2000, Bates 2082140509–0537.

76. “Statement re the 1990 Hubbard Awards” (PM), Dec. 10, 1990, Bates 2047319115; “PM Receiving Hubbard Award for Deceptive Advertising from the Center for Science in the Public Interest,” Dec. 10, 1990, Bates 2046007069; Virginia Murphy to Ward A. Freese, “Mr. Charles Myers Case Number 94C01905,” July 12, 1994, Bates 2065144431–4432; and for the “awareness impact”: Bates 2047532093–2181; “Marlboro Adventure Team Highlights,” Oct. 29, 1993, Bates 2058211926–1927.

77. “USA DIRECT,” May 7, 1998, Bates 2061708929–8935; “Marlboro Adventure Team Promotion Fulfillment and Customer Service,” April 2, 1993, Bates 2062341855–1856; “Philip Morris Customer Care Vision 2000: Defining a New Approach to Customer Relationship Management,” April 2000, Bates 2082140509–0537.

78. Brown & Williamson, “Records Retention Schedule,” July 13, 1989, Bates 334000760–0781.

79. “Smoking and Health Issues” (Brown & Williamson), Dec. 9, 1999, Bates 206000308–0315.

80. Ibid. Brown & Williamson also compiled what might be called “complaint logs,” classifying phoned-in grievances by different categories—from “Allergic Reaction” and “Burned Self” to “Chest Pain,” “Chronic Illness/Death,” “Cough,” “Cut Self,” “Headache,” “Sore Throat/Burning” and “Sick/Vomit”; see “Smoking and Health Issues,” Dec. 9, 1999, Bates 206000277–0307.

81. “Smoking and Health Issues” (Brown & Williamson), Dec. 9, 1999, Bates 206000308–0315

82. For “Microscopic Mites”: Joe Gagliano to Chuck Blixt, April 7, 1997, Bates 516853661. Reynolds’ email log is at “Andy Schindler’s Mail Log 2000,” Jan. 4, 2000, Bates 580103242–3362. Other logs are available at Bates 580103199–3226 and 580103397–3421.

83. J. F. Cullman, “Annual Report Pursuant to Section 46 of the Membership Corporation Law,” Jan. 20, 1959, Bates TFAL0000001–0010; J. S. Dowdell to C. B. Wade Jr., “Consumer Correspondence,” July 13, 1967, Bates 500026296–6298.

CHAPTER 19

1. Fritz Lickint, “Die Bedeutung des Tabaks für die Krebsentstehung,” Deutscher Tabakgegner 17 (1935): 30; also his Tabakgenuss und Gesundheit (Hanover: Wilkens, 1936), pp. 84–85.

2. Richard Doll, “Etiology of Lung Cancer,” in Advances in Cancer Research, vol. 3, ed. J. P. Greenstein and A. Haddow (New York: Academic, 1955), p. 26; also my Nazi War on Cancer, pp. 192–93, 215, 253.

3. For Roffo: “Report of Progress—Technical Research Department,” B&W, Dec. 24, 1952, Bates 650200084–0095, p. 8. For Rodgman, see his letter to K. H. Hoover, Nov. 2, 1959, Bates 500945942–5945. For Wakeham, see his “Tobacco and Health—R&D Approach,” Nov. 15, 1961, Bates 1005069026–9050, p. 9, and his “Tobacco and Health,” Bates 100277434, p. 14.

4. Paul Koenig, Die Entdeckung des reinen Nikotins (Bremen: Arthur Geist, 1940), pp. 21–22 and plate 10; also my Nazi War on Cancer, pp. 173–247.

5. Richard Kissling, Der Tabak im Lichte der neusten naturwissenschaftlichen Forschungen (Berlin: Verlag von Paul Parey, 1893), p. 65; Franz K. Reckert, Tabakwarenkunde: Der Tabak, sein Anbau und seine Verarbeitung (Berlin: Max Schwabe Verlag, 1942), p. 31; “Fortschrittsbericht,” Chronica Nicotiana 2, no. 1 (1941): 8. For a Philip Morris list of 100 U.S. and foreign patents, see “Denicotinization of Tobacco,” Aug. 4, 1986, Bates 2025620092–0109.

6. American Tobacco Co., “Nicotine Content of Tobacco Can Be Diminished or Increased by Natural Means,” Dec. 1, 1930, Bates 950298161.

7. Richard Kissling, “Method of and Apparatus for Curing Tobacco,” U.S. Patent Office, June 13, 1882, Patent No. 259,553. Tobacco manufacturers have not always been honest about how much nicotine is in a cigarette. German cigarette makers in the 1930s, for example, advertised certain brands as “low nicotine” or “nicotine-free,” with little or no regulatory oversight. Worries about the honesty of such claims prompted regulatory enactments, including Germany’s 1939 Ordinance on Low-Nicotine and Nicotine-Free Tobacco, which required “low-nicotine” products to contain less than 0.8 percent nicotine and “nicotine-free” cigarettes to contain no more than 0.1 percent; see Wilhelm Preiss, Verordnung über nikotinarmen und nikotinfreien Tabak (Berlin: Von Decker, 1939). In America, too, “denicotinized” tobaccos were hardly free of nicotine. A 1928 study found that while ordinary cigarettes averaged 1.77 percent nicotine, those advertized as “denicotinized” averaged 1.28 percent—hardly a profound difference (E. M. Bailey, O. L. Nolan, and W. T. Mathis, “ ‘Denicotinized’ Tobacco,” Bulletin of the Connecticut Agricultural Experiment Station 295 [1928]: 338–51). JAMA reviewed this article and commented that the difference between regular and “denicotinized” cigarettes was so slight as to constitute “a fraud on the public”; see “Denicotinized Tobacco,” JAMA 91 (1929): 583.

8. “ ‘Denicotea’ Cigaret Holder,” Sept. 17, 1941, Bates 950089928; and for a German patent: Hans Rudolph, “Porous Materials and Process of Making,” U.S. Patent Office, Sept. 29, 1942, Bates 680018801–8804.

9. For photos of asbestos particles tapped out from Kent’s Micronite filter cigarettes, see Owens-Corning Testing Division to Lorillard, June 4, 1953, Bates 01057102–7119. As early as 1936 Lorillard had been informed that dusts like silica and asbestos were “known to produce fibrosis of the lungs”; see Leroy U. Gardner to W. C. Hazard, May 5, 1936, Bates 01057123–7127. Harris Parmele was also sent Hazard’s warning that asbestos had been “definitely proved” to be a “disabling disease of the lungs” (Bates 01057128–7130). Parmele developed the filter—called Micronite “because it removes nicotine and tar particles as small as two tenths of a micron”—with Harold W. Knudson of Hollingsworth & Vose in East Walpole, Massachusetts; see “War-Born Filter Used to Remove Tars and Nicotine,” March 19, 1952, Bates 92616335–634 and “The H & V—Kent Story,” March 18, 1954, Bates 00420758–0763.

10. J. H. Heller had asked, “What is the matter with a mineral filter?”; see his letter of Dec. 26, 1953, Bates LG0220462; and for Liggett’s response: F. R. Darkis to Heller, Jan. 15, 1954, Bates LG0220463–0464.

11. Testimony of James Talcott in “Cigarette and Smokeless Tobacco Products: Reports of Added Constituents and Nicotine Ratings,” Jan. 30, 1997, Bates 566958219–8266; also J. A. Talcott, W. A. Thurber, and A. F. Kantor et al., “Asbestos-Associated Diseases in a Cohort of Cigarette-Filter Workers,” New England Journal of Medicine 321 (1989): 1220–23.

12. Harris B. Parmele to Robert M. Ganger, Nov. 13, 1951, Bates 87334161.

13. Harris B. Parmele to Ernest F. Fullam, Feb. 12, 1954, Bates 94682426–2428.

14. Carl Byoir and Associates, “Cigarette with Tobacco Filter ‘Goes National’ ” (Press release for B&W), June 22, 1960, Bates 500394514–4515.

15. For “practically the same”: “Action of Cellulose Filter-Pads in Cigarettes on the Nicotine Content of the Smoke,” 1935, Bates 950032937. For “better filtering agent” and “an excellent filter”: “The Efficiency of Filters in Reducing the Nicotine Content of Cigaret Smoke,” May 9, 1946, Bates 950051953–1957, pp. 2–5; compare W. R. Harlan and J. M. Moseley’s comment, “Tobacco itself serves as an excellent mechanical filter,” in “Tobacco,” Encyclopedia of Chemical Technology, vol. 14 (New York: Interscience, 1955), p. 260, Bates 950775523–5531, and similar remarks in documents from 1956 and 1964 at Bates 950278282–8295 and 950189096–9103.

16. H. B. Parmele to Alden James, Sept. 10, 1954, Bates 96723704; compare Parmele to A. J. Cheek, Aug. 12, 1954, Bates 96723696. American did introduce a filtered Tareyton brand in the mid-1950s, but the brand was never much of a success.

17. Ted Bates and Co., Advertising, “Viceroy Thunderbird Contest: Publicity Report” (Brown & Williamson), Nov. 18, 1955, Bates 690148121–8139.

18. The Roland Company, Inc., “Water Filters Offer Consumer Good Taste,” July 1971, Bates 968027808–7810; also Bates 968027813–7815.

19. “Round, Firm, and Filtered,” Chemical and Engineering News, April 16, 1956, pp. 1846–48.

20. Lois Mattox Miller and James Monahan, “The Facts behind Filter Tip Cigarettes,” Reader’s Digest, July 1957, pp. 33–39; and their “Wanted—And Available—Filter-Tips That Really Filter,” Reader’s Digest, Aug. 1957, pp. 43–49.

21. “Total Kent Sales: Fact Sheet” (Wooten Maxwell), 1970, Bates 03079517; “Hi-Fi History” (Brown & Williamson), n.d., Bates 464518657–8673.

22. Clarence W. Lieb, Safer Smoking: What Every Smoker Should Know and Do (New York: Exposition Press, 1953); compare his Don’t Let Smoking Kill You! (New York: Bonus Books, 1957), p. 38; and for “our research council”: Lieb to Hanmer, Aug. 22, 1932, Bates 950160696.

23. K. T. Sanderson and R. H. Blackmore (Philip Morris), “C. I. Report 36,” Feb. 15, 1962, Bates 2051980038–0072, p. 21.

24. Cubebs Merit De-Nic, Next, and Benson & Hedges De-Nic were three Philip Morris low-nicotine brands dropped from production in the early 1990s, when market shares leveled off at about a quarter of one percent. See Joshua Dunsby and Lisa Bero, “A Nicotine Delivery Device without the Nicotine? Tobacco Industry Development of Low Nicotine Cigarettes,” Tobacco Control 13 (2004): 362–69.

25. Blatnik Report, pp. 184–88; Lieb, Don’t Let Smoking Kill You! pp. 94–95. On March 3, 1958, Time magazine reported the outrage of the House Government Operations Committee, headed by Illinois congressman William L. Dawson, who protested, “The cigarette industry has done a grave disservice to the smoking public [by] publicizing the filter-tip smoke as a health protection.” Deceptions of this sort continued into subsequent decades; see Bates 968027808–7810; and for a good early critique: Ralph Lee Smith, The Health Hucksters (New York: Bartholomew House, 1961), pp. 116–28.

26. For “unbalanced”: Hanmer to C. F. Neiley, Dec. 15, 1932, Bates 950190632. For “thermodynamic impossibility”: A. E. O’Keeffe (Philip Morris) to R. N. DuPuis, “Selective Filtration,” Sept. 16, 1958, Bates 1001902921–2924. Lorillard researchers similarly characterized the Aqua filter’s claims to selectively reduce carbon monoxide as not just “false and misleading” but also a “theoretical impossibility”; see Alex W. Spears to C. H. Judge and A. J. Stevens, Dec. 13, 1974, Bates 00485657–5658. For “carcinogens in practically every class”: Wakeham, “Tobacco and Health,” p. 14.

27. For “very naïve”: A. H. Roffo, “Sobre los filtros en el tabaquismo: El narguilé y el algodón como filtro del alquitrán de tabaco,” Boletín del Instituto de Medicina Experimental 16 (1939): 255–68, translated (for litigation) as “Filters in Tobacco Addiction: Water-Pipe and Cotton as Filters for Tar in Tobacco,” Bates 89742095–2099. The AMA’s Chemical Laboratory in 1953 analyzed the three leading filter types—paper, asbestos, and cotton—and showed that only asbestos trapped more tar and nicotine than tobacco alone; see Walter Wolman, “A Study of Cigarettes, Cigarettes, Cigarette Smoke, and Filters,” JAMA 152 (1953): 917–20, 1035–36; also “Filter Tips Don’t Filter Much, AMA Cigaret Research Discloses,” Advertising Age, Aug. 3, 1953, Bates 89751396–1398.

28. “The Simple Facts about a Cleaner, Finer Smoke” (1945 ad for Fleetwood Imperials), Bates 2061014830.

29. “Suggestions” (AT), 1952, Bates 950196279–6319.

30. D. M. Rowe to A. R. Stevens (AT), June 4, 1964, Bates 968191075–1078. As of 1966 companies manufacturing filters in the United States included Celanese, Eastman, Hercules, Ralston Purina, Ecusta, American Filtrona, and Schweitzer; see M. L. Reynolds and E. F. Litzinger, “Keyword Index for Filtration Studies,” April 2, 1968, Bates 650206692–6693.

31. German chemists had patented the use of activated charcoal in cigarette filters in the 1930s; see Z. Brazay, “German Patent No. 607422 . . . Process for Detoxifying Tobacco Smoke by Absorbent Carbon,” Dec. 27, 1934, Bates 980392203–2206.

32. M. J. Ward (Brown & Williamson), “Patent Survey—Carbon Filter,” Sept. 6, 1973, Bates 650317809–7869. Hundreds of patents for filters using charcoal, some dating from the nineteenth century, are described in this document; compare Brown & Williamson’s “Filters Incorporating Charcoal,” May 6, 1965, Bates 680246822–6855.

33. A. W. Spears to Tore Dalhamn, Sept. 13, 1966, Bates 00105846.

34. Mrs. Ende (BAT), “Patent Survey: Cross-Flow Filters,” Jan. 1974, Bates 570225722–5750.

35. Will Graham, “Lorillard ’76: Options and Recommendations,” March 2, 1976, Bates 01771073–1207.

36. Fred G. Bock et al., “Carcinogenic Activity of Cigarette Smoke Condensate,” JAMA 181 (1962): 82–87.

37. Philip Morris had a “Selective Filtration Program” with Project nos. 21–2101 and 23–2101; see Andrew E. O’Keeffe to R. N. DuPuis, Oct. 14, 1958, Bates 1001902916. And for Reynolds: James D. Fredrickson, “Study of Selective Filtration,” Sept. 11, 1963, Bates 504001427, and his lab notebooks at Bates 503212780–2830.

38. See Rodgmans deposition for Arch, Aug. 4, 1997, Bates RODGMANF080497, p. 624.

39. H. Wakeham to H. Cullman, May 4, 1962, Bates 2021656001.

40. For an early but impressive discussion, see E. W. Ashkenazi, “Survey of the Literature on Aerosol Filtration” (for Philip Morris), Dec. 19, 1958, Bates 1001802639–2790.

41. On “the merit of tobacco as a filtering agent,” see Hanmer to Hahn, July 27, 1942, Bates 950198817–8818, and the attached “Literature References Concerning Tobacco as a Filtering Agent,” July 27, 1942, Bates 950198819–8821. For Framingham: W. P. Castelli et al., “The Filter Cigarette and Coronary Heart Disease: The Framingham Study,” Lancet 2 (1981): 109–13.

42. Leaf growers in the late 1950s complained that the filter fad had cut into their sales. So even though cigarette consumption grew rapidly in 1955, 1956, and 1957, sales of leaf actually dropped by more than 125 million pounds per year, saving tobacco manufacturers an estimated $65 million on leaf costs during this period. See William G. Reddan, “Editor’s Forum,” Tobacco 146 (Feb. 28, 1958): 8, Bates LG0195348–5385.

43. Thomas E. Novotny, Kristen Lum, Elizabeth Smith, Vivian Wang, and Richard Barnes, “Cigarettes Butts and the Case for an Environmental Policy on Hazardous Cigarette Waste,” International Journal of Environmental Research and Public Health 6 (2009): 1691–1705.

44. For Darkis re filters “do not really take anything out”: J. Eaves (Liggett & Myers), “Stenographic Minutes of a Conference Held at the Research Laboratory on January 21 and 22, 1952,” Jan. 23, 1952, Bates LG0205897–5926, p. 265. For Ecusta’s particle size research: Milton O. Schur and James C. Rickards, “The Design of Low Yield Cigarettes,” Tobacco Science 4 (1960): 69–77, Bates 88043323–3331.

CHAPTER 20

1. Cora C. Ayers (BAT), “Project Gold Charm,” Dec. 14, 1965, Bates 570342396–2416. Lorillard on May 24, 1962, announced a technique for removing “up to 90$$$$$ of the phenols” from cigarette smoke (Bates 85087725). The plasticizers in question were polyethylene oxides.

2. “Cancer-Proof Cigarettes Are Here,” Science & Mechanics, April 1968, pp. 46–48 and 75–76, Bates 1004867388–7484.

3. For threshold studies: “Subjective Irritation—Straight Inhalation,” June 2, 1948, Bates 962005268–5270. For Rhoads: Kluger, Ashes to Ashes, p. 422. For irradiated cigars: Ronald W. Davis, “A Study of Tobacco Mold Control Using Gamma Irradiation Techniques,” Jan. 29, 1968, Bates 950131716–1732 and appendixes at 1734–1743. La Corona cigars were exposed to gamma radiation (up to 1 megarad) from a cobalt 60 source at Industrial Reactor Laboratories in Plainsboro, New Jersey, for these experiments.

4. Colin L. Browne, The Design of Cigarettes (Charlotte, NC: Celanese Fibers Marketing Co., 1981). Browne’s is one of the best introductions to cigarette design; another is Black et al., “B&W Product Knowledge Seminar.”

5. For Philip Morris: C. V. Mace to R. N. DuPuis, “Brief Comments on a Program to Produce a Low Delivery Filter Cigarette with Flavor,” July 24, 1958, Bates 1000305086–5087. For “evolution”: “High Filtration Filters” (Lorillard), Feb. 1974, Bates 00378778–8803. Compare Helmut Wakeham to Robert P. Roper, Sept. 22, 1959: “what is wanted in a satisfying smoke is relatively high nicotine and low tar” (Bates 1005039423–9424); original emphasis.

6. David Kessler, A Question of Intent: A Great American Battle with a Deadly Industry (New York: Public Affairs, 2001), pp. 186–250; also Todd Lewan, “Brazil’s Secret: Crazy Tobacco,” AP, Dec. 21, 1997.

7. For Project T-0576: Imperial Tobacco Ltd., Montreal, “Work Programme: Fiscal 1986—1988,” May 1985, Bates 570312400–2576 at 2502. For “attractive, useful form”: Claude E. Teague Jr., “Implications and Activities Arising from Correlation of Smoke pH with Nicotine Impact, Other Smoke Qualities, and Cigarette Sales,” Sept. 28, 1973, Bates 509314122–4154.

8. For “loathe to exceed”: J. D. Backhurst (BAT), “A Relation between the ‘Strength’ of a Cigarette and the ‘Extractable Nicotine’ in the Smoke,” Nov. 16, 1965, Bates 508102918–2941. For Project Kick: Max Häusermann (Philip Morris Europe), “Carbon Monoxide Uptake by Smokers,” Jan. 3, 1974, Bates 1002645271. For “foul, rotten rubber”: W. M. Henley to D. H. Piehl, “Nicotine Research,” Nov. 9, 1976, Bates 509078812–8820.

9. In 1995 alone the American Association of Poison Control Centers received 7,917 reports of potentially toxic exposures to tobacco among children aged six or under, most of which were from ingesting cigarettes; see W. Lewander et al., “Ingestion of Cigarettes and Cigarette Butts by Children—Rhode Island, Jan. 1994–July 1996,” MMWR 46 (1997): 125–28.

10. “Research Conference Southampton 1962: Smoking and Health—Policy on Research,” 1962, Bates 110070785–0882. Gibb’s comments are at pp. 38–39.

11. Helmut Wakeham to J. E. Lincoln, April 14, 1960, Bates 1001882378.

12. Ronald A. Tamol of Philip Morris in 1965 noted that one argument against developing a “health cigarette” would be that any such cigarette “would have to be shared with other companies”; see Bates 2078099704–9723. J. M. Moseley in 1958 reported to his superiors at American Tobacco that European manufacturers had “a tacit agreement not to trade on, or refer to, the anti-cigarette charges beyond the simple use of the word ‘filter.’ ” See Robert K. Heimann to Alfred F. Bowden, “Verbal Report of J. M. Moseley,” July 2, 1958, Bates 966015128.

13. See Reid and Ellis’s discussion in “Research Conference Southampton 1962: Smoking and Health—Policy on Research,” 1962, Bates 110070785–0882, pp. 40–41.

14. Bradford, Harlan, and Hanmer, “Nature of Cigarette Smoke”; W. B. Wartman, E. C. Cogbill, and E. S. Harlow, “Determination of Particulate Matter in Concentrated Aerosols,” Analytical Chemistry 31 (1959) : 1705–9. As standardized in the 1960s, this became known as the “Cambridge Filter Method” and eventually the “FTC Method,” following procedures specified by Clyde L. Ogg in his “Determination of Particulate Matter and Alkaloids (as Nicotine) in Cigarette Smoke,” Journal of the Association of Official Agricultural Chemists 47 (1964): 356–62. Ogg, a chemist with the USDA, worked out these procedures as chair of the Analytical Methods Committee of the Tobacco Chemists Conference, a committee consisting of representatives from Liggett & Myers, Philip Morris, American Tobacco, and the Consolidated Cigar Corporation. In 1966 the FTC required that all tar and nicotine yields be reported using methods specified by Ogg and his industry colleagues.

15. For Rosenthal process: Wakeham to Cullman, March 24, 1961, Bates 1000861955. For Brunette Extra: R. Hirsbrunner, “Cigarette Development,” Sept. 27–Oct. 31, 1978, Bates 2028622060–2069. For nicotine values: P. Harper (Brown & Williamson), “Project Phoenix,” Jan. 28, 1987, Bates 620404055–4056.

16. Tar is not actually “in” a cigarette but rather is produced by the smoking process. I note this because I’m often asked, why do the companies add tar to cigarettes? Of course they don’t: tar is not added to tobacco any more than ashes are added to a campfire. Tar is just condensed smoke minus the water (and nicotine) and is sometimes referred to as “smoke solids,” “smoke condensate,” or “total particulate matter.”

17. Lynn T. Kozlowski, R. C. Frecker, V. Khouw, and M. A. Pope, “The Misuse of ‘Less Hazardous’ Cigarettes and Its Detection: Hole-Blocking of Ventilated Filters,” American Journal of Public Health 70 (1980): 1202–03. The U.S. Surgeon General’s 1988 report, Nicotine Addiction, cites Michael Russell et al., “Relation of Nicotine Yield of Cigarettes to Blood Nicotine Concentrations in Smokers,” British Medical Journal 280 (1980): 972–76, as its earliest documentation of compensation; compare also R. I. Herning et al., “Puff Volume Increases When Low-Nicotine Cigarettes Are Smoked,” BMJ 283 (1981): 187–89.

18. “The Patent Position” (BAT), Dec. 14, 1959, Bates 108069854–9855.

19. H.B. Parmele to Driscoll, Jan. 3, 1933, Bates 04355214–5217.

20. For American’s experiments: J. A. Bradford, “Volatile Aldehydes in Cigarette Smoke,” Feb. 7, 1933, Bates 962002433–2435. For “dilution”: H. R. Hanmer to C.F. Neiley, Feb.9, 1933, Bates 950160691–0692. For “surprising extent”: C. W. Lieb to H.R. Hanmer, March 17, 1933, Bates 950160684–0688.

21. Tilley, Reynolds Tobacco Company, p. 503. The Rembrandt Tobacco Corp. of Canada in a series of ads from August 1959 claimed priority in its use of a porous “Multi-Venting” paper that allowed its Rembrandt cigarettes to “breathe.” Consumer Reports in 1960 reported on the fads of “mentholation and ventilation,” characterizing the latter as part of the industry’s “frenzied search for methods to reduce tars and nicotine” (“Cigarettes,” Consumer Reports, Jan. 1960, pp. 12–21, Bates 504802621–2630).

22. Edward M. Harris, “Cigarette,” Patent No. 439,004, U.S. Patent Office, awarded Oct. 21, 1890.

23. A. L. Chesley to C. F. Neiley, March 9, 1927, Bates 950073013–3015.

24. C. V. Mace to L. L. Long, “Summary of Results on Ventilated Cigarettes,” Oct. 25, 1955, Bates 2022204168–4174.

25. For “height of advertising prowess”: David G. Felton to D. S. F. Hobson, “SPRING—the cigarette that ‘air-conditions’ the smoke,” Sept. 4, 1959, Bates 100068231. Lorillard’s brash, full-page ad in the August 18, 1959, New York Times can be found at Bates 100068233–8234.

26. C. N. Smyth, “Tobacco Smoke,” British Medical Journal 1 (1959): 506–7. Some newspapers suggested that smokers could create their own ventilated cigarettes by pricking two small holes into the cigarette near the mouth end, as recommended by Smyth. One London paper claimed that a simple procedure such as this “could end the lung cancer scare”; see Roy Rutter, “Two Tiny Holes Give Safe Smoking,” April 24, 1959, Bates 502393021–3022.

27. Herbert R. Bentley, “Cigarettes with Increased Porosity,” March 3, 1959, Bates 105386936; emphasis added.

28. Harris B. Parmele to Robert M. Ganger, Nov. 13, 1951, Bates 87334161.

29. Lynn T. Kozlowski, R. J. O’Connor, G. A. Giovino, C. A. Whetzel, J. Pauly, and K. M. Cummings, “Maximum Yields Might Improve Public Health—If Filter Vents Were Banned: A Lesson from the History of Vented Filters,” Tobacco Control 15 (2006): 262–66.

30. Gio B. Gori, “Low-Risk Cigarettes: A Prescription,” Science 194 (1976): 1243–46; “Gori Gets into Another Controversy,” Cancer Letter 4 (Aug. 1978): 1–7, Bates TIMN0142772–2775.

31. “High Filtration Filters” (Lorillard), 1973, Bates 88322091–2116.

32. For a three-hundred-page overview of ventilation “technology, history and theory,” see Charles B. Altizer et al. (Philip Morris U.S.A.), “Ventilation Seminar,” May 1983, Bates 2057251669–1968.

33. See the revealing “first draft” of an untitled Philip Morris report on ventilation, dated July 25, 1982, Bates 1003285784–5788.

34. “Kool Ultra and Barclay 100 Ventilation Study,” June 8, 1982, Bates 505183373–3376.

35. “1982 Strategic Analysis—Product,” 1982, Bates 503522357–2373.

36. Reynolds and Philip Morris both came up with “dial a filter” cigarettes in 1982, filing patents within about a month of each other. The Ecusta Paper Corporation had helped Philip Morris develop its Dial-a-Filter as part of PM’s Project Data. Reynolds’s test panels characterized such cigarettes as “gimmicky”; see W. F. Bultman to G. W. McKenna and J. J. Griffin, “Perspective on New Brands,” June 24, 1985, Bates 505919078–9080.

37. Peter Schesslitz’s words from the Deutsche Tabakzeitung of Oct. 28, 1940, are cited in “Der Nikotinfimmel,” Reine Luft, 1941, p. 41. Schesslitz here also anticipates Michael Russell’s famous 1971 comparison of smoking-without-nicotine to blowing bubbles, asking: “Who, upon reflection, believes that people would smoke if nicotine did not have the specific effects it does? [Without nicotine] people would be more likely to blow bubbles than to smoke” (p. 41). Russell’s oft-cited comparison appears in his “Cigarette Smokng: Natural History of a Dependence Disorder,” British Journal of Medical Psychology 44 (1971): 9.

The earliest expression of compensation I have found is from the Nebraska Medical Journal of 1933, where we hear that “In the process of manufacturing cigarettes where the greater percentage of nicotine had been taken out of a certain brand, it was found that the habitué consumed thrice the number of the one that had the tobacco blend in the original state”; see Henry Farrell, “The Billion Dollar Smoke,” Nebraska Medical Journal 18 (1933): 226–28. Farrell here also traces the rise of the cigarette to “an advertising performance stealthy in the extreme, magnificent in its summons and invocation, the like and similar performance of which the world had never seen before and perhaps never will again.”

38. Lynn T. Kozlowski and R. J. O’Connor, “Official Cigarette Tar Tests Are Misleading,” Lancet 355 (2000): 2159–61.

39. Thomas R. Schori, “Smoking and Heart Rate Research Proposal,” Sept. 30, 1970, Bates 1000838038–8045; also his paper with B. W. Jones, “Smoking and Aggression: A Proposal,” Oct. 23, 1974, Bates 1003290519–0531. Helmut Wakeham, “R&D Presentation to the Board of Directors,” Nov. 26, 1969, Bates 1000276691–6703; W. Dunn to G. Berman, “TPM Intake by Smokers,” May 7, 1968, Bates 1000870189.

40. Philip Morris researcher Thomas R. Schori in 1970 cited G. Kuschinsky and R. Hotovy’s research from the 1940s showing that people smoke “not in spite of, but because of nicotine”; see his “Tar, Nicotine, and Smoking Behavior: A Research Proposal,” Nov. 5, 1970, Bates 1003285464–5477. Schori also cited Maurine Neuberger’s 1963 Smoke Screen in support of the claim that smokers develop “a daily quota for nicotine.” The Kuschinsky and Hotovy paper is “Über die zentral erregende Wirkung des Nicotins,” Klinische Wochenschrift 22 (1943): 649–50.

41. For “primary reason”: Bates 2020154466–4486. For “substance”: Bates 517214547. For “dominant specification”: Claude E. Teague Jr., “A New Type of Cigarette Delivering a Satisfying Amount of Nicotine with a Reduced ‘Tar’-to-Nicotine Ratio,” March 28, 1972, Bates 502987394–7403, p. 3.

42. For “vehicle”: Helmut Wakeham, “Why One Smokes,” Fall 1969, Bates 1003287836–7848. This document was rewritten and presented to PM’s Board of Directors as “Smoker Psychology Research,” Nov. 26, 1969, Bates 100273741–3771. For puffing as “injection”: William L. Dunn, “Some Methods Notes on the Past Research on Cigarette Motivation,” Feb. 16, 1970, Bates 1003287849. For “nicotine addicts”: Bates 301083862–3865. For “nicotine seekers”: Bates 501524500–4514. For “maintain a constant level”: Bates 517214547–4557. For pack as “storage container”: William L. Dunn, “Motives and Incentives in Cigarette Smoking,” paper presented at CORESTA conference, Williamsburg, VA, Oct. 22–28, 1972, Bates 1003291922–1939.

43. William L. Dunn, ed., Smoking Behavior: Motives and Incentives (Washington, DC: Winston & Sons, 1973). Dunn’s original (1969) plan was for a meeting “of nationally recognized authorities to discuss short term (beneficial) consequences of smoking.” The original title was “The Gratification of Cigarette Smoking,” which later morphed into “Conference on the Motivational Mechanisms in Cigarette Smoking.” See Dunn’s “Project 1600 Consumer Psychology: Annual Report,” May 15, 1970, Bates 1003288243–8245; also his memo (with Myron Johnston) to P. A. Eichorn, “Accomplishments in 1969,” Jan. 28, 1970, Bates 1003288492–8494.

44. For “dangerous F.D.A. implications”: Dunn to Wakeham, “Jet’s Money Offer,” Feb. 19, 1969, Bates 1003289921–9922. For “certainly fail”: Johnston (approved by Dunn), “Market Potential of a Health Cigarette,” p. 5. For “primary motivation”: Wakeham, “Why One Smokes.”

45. Frank J. Ryan (approved by Dunn), “Bird-I: A Study of the Quit-Smoking Campaign in Greenfield, Iowa, in Conjunction with the Movie, Cold Turkey,” March 1971, Bates 1000348671–8751. Philip Morris employed local Girl Scouts to distribute surveys in the town and did not identify itself as the sponsor of the survey, which recipients knew only as coming from the “Product Opinion Laboratory” of Richmond, Virginia; see Bates 85873620–3621.

46. Selye’s comments are on pp. 1–3 of Dunn, ed., Smoking Behavior; Eysenck’s on pp. 121–23; Heimstra’s on p. 206; Damon’s on p. 221; and Hickey and Harner’s on pp. 272 and 278. Erich Fromm was invited to attend but apparently refused.

47. W. Dunn, T. Schori, and J. Duggins, “Smoking Behavior: Real World Observations,” March 1973, Bates 1000353356–3388.

48. W. Dunn to C. Goldsmith, “Dosage Controls,” May 8, 1974, Bates 1003294972–4976.

49. Teague, “A New Type of Cigarette,” p. 8.

50. R. D. Wilkie, BAT Research and Development, “Complexity of the P.A.5.A Machine and Variables Pool,” June 1959, Bates 100099115–9117; Claude E. Teague, “Proposal of a New, Consumer-Oriented Business Strategy for RJR Tobacco Company,” Sept. 19, 1969, Bates 5009 15701–5719, pp. 9–10. Compare BAT’s 1976 forecast of “danger in the current trend of lower and lower cigarette deliveries—i.e. the smoker will be weaned away from the habit,” in W. B. Fordyce to M.P.D.C. Members, “Long-Range Forecasts (1986),” June 29, 1976, Bates 110071 572–1573.

51. For Japan: Tien C. Tso (USDA), “Report of Travel to Japan, Taiwan, and Other European Countries, June 23 through August 22, 1968,” Bates 968006480–6508. For Philip Morris: “1965 Cigarette,” March 25, 1965, Bates 100901301. For “minimum satisfying amount”: Teague, “A New Type of Cigarette,” pp. 7–8. Ronald A. Tamol from Philip Morris’s product design group in handwritten notes from February 1, 1965, stressed the need to determine the “minimum nicotine prop [ortion] to keep normal smokers ‘hooked’ ”; see Bates 2078099704–9723.

52. On Hanmer: Rogers and Todd, “Report on Policy,” p. 16. On “nicotine fortification”: R. B. Griffith, “Report to Executive Committee,” July 1, 1965, Bates 1805. 01.

53. For a bibliography on lip drape and lip occlusion (ventilation), see Bates 2046816474–6478.

54. For “health filter smokers”: “Annual Report, Project 1600,” Nov. 18, 1966, 1003286561–6590. For “partial occlusion”: William L. Dunn, “Project 1600: Consumer Psychology,” June 25, 1967, Bates 1003288345–8346. For hole placement: William L. Dunn to R. B. Seligman, July 28, 1967, Bates 1000307727–7729. For “We submit”: JoAnn Martin and W. L. Dunn to H. R. Wakeham and R. B. Seligman, “A Study of the Effect of Air Hole Blockage on Gross Puff Volume in Air Diluted Cigarettes,” Aug. 10, 1967, Bates 1000307730–7733.

55. “Studies on Occlusion from Cenfile,” n.d., Bates 2046816474–6478; Frank Ryan to William L. Dunn, “Pandora,” July 29, 1982, Bates 1003285845.

56. Brown & Williamson researchers in 1983 defined “smoke elasticity” as “the potential of a cigarette, to provide the smoker with more smoke, if he draws harder”; see W. Wiethaup and W. Schneider, “Filter Effects on Smoke and Smoke Effects,” July 1983, Bates 512107109-7120; also the same company’s “World Wide Best Elasticity Studies,” n.d., Bates B01280532–0536. In 1993 Imperial Tobacco’s Montreal labs were deliberately trying to increase elasticity by increasing filter pressure drop and reducing rod pressure drop. “Gap filters” produced by on-line laser perforation were also used to augment elasticity; see Imperial Tobacco Ltd., “Progress Report, July 1993—December 1993,” Bates 402415168–5194, pp. 25–26.

57. D. J. Wood, “The Design of Low Delivery Cigarettes (with Regard to Smoker Compensation),” June 28, 1977, Bates 110074887–4890.

58. Robert R. Johnson, “Cigarette with Backflow Filter Ventilation: Status Report/244,” Dec. 11, 1978, Bates 680596833–6834; also his “Cigarette Filter Including Grooves in the Filter Plug,” Jan. 31, 1979, Bates 680596816–6819, and for background: L. T. Kozlowski, N. A. Dreschel, S. D. Stellman, J. Wilkenfeld, E. B. Weiss, and M. E. Goldberg, “An Extremely Compensatible Cigarette by Design: Documentary Evidence on Industry Awareness and Reactions to the Barclay Filter Design Cheating the Tar Testing System,” Tobacco Control 14 (2005): 64–70.

59. Barbro Goodman to Leo F. Meyer, “Marlboro—Marlboro Lights Study Delivery Data,” Sept. 17, 1975, Bates 2021544486–4496. Goodman later did work examining “what might happen to deliveries to the smoker when he partially covers the dilution holes,” finding that this could cause “an increased delivery to the smoker”; see Goodman to L. F. Meyer, “Effect of Reduced Dilution on Tar Delivery to a Smoker,” Oct. 21, 1982, Bates 1003455000–5002.

60. David E. Creighton, “Compensation for Changed Delivery,” June 27, 1978, Bates 105553905–3915.

61. Kwechansky Marketing, “Project Plus/Minus: Young People and Smoking,” May 7, 1982, pp. 12–13, cited in Richard W. Pollay and Anne Lavack, “The Targeting of Youth by Cigarette Marketers: Archival Evidence on Trial,” Advances in Consumer Research 20 (1993): 266–71.

62. For background, see A. Ramirez, “R. J. Reynolds Study of Cigarette Tar Irks an Industry Rival,” Wall Street Journal, May 6, 1981, Bates 621007659–7666; also Lynn T. Kozlowski et al., “An Extremely Compensatible Cigarette by Design: Documentary Evidence on Industry Awareness and Reactions to the Barclay Filter Design Cheating the Tar Testing System,” Tobacco Control 14 (2005): 64–70.

63. E. A. A. Bruell (BAT) to All No. is of Operating Companies, Sept. 20, 1983, Bates 105375726–5733, which also contains the Sept. 9, 1983, telex to George Weissman at Philip Morris. Original emphasis.

64. “Telephone Conversation on the Afternoon of 26th October between Mr. Bruell of BATCO and Mr. Reid of Imperial,” 1983, Bates 301030946–0948.

65. For “extremely dangerous”: J. B. Boder to S. C. Darrah (Philip Morris Neuchatel), Jan. 23, 1989, Bates 2023266338–6340. For BAT’s promise: R. W. Pollay and T. Dewhirst, “The Dark Side of Marketing Seemingly ‘Light’ Cigarettes: Successful Images and Failed Fact,” Tobacco Control 11 (2002): 18–31.

66. Kozlowski et al., “The Misuse of ‘Less Hazardous’ Cigarettes”; also his article with W. S. Rickert, J. C. Robinson, and N. E. Grunberg, “Have Tar and Nicotine Yields of Cigarettes Changed?” Science 209 (1980): 1550–51. Kozlowski became intrigued by ventilation in the fall of 1978 at the University of Pennsylvania, when he asked a young woman how she liked her “light” cigarettes and she answered, “Fine, but it’s hard to keep my fingers over the little holes” (personal communication).

67. Neal L. Benowitz et al., “Smokers of Low-Yield Cigarettes Do Not Consume Less Nicotine,” New England Journal of Medicine 309 (1983): 139–42; Claude Lenfant, “Are ‘Low-Yield’ Cigarettes Really Safer?” New England Journal of Medicine 309 (1983): 181–82.

68. Notably through the Tobacco Working Group, an ill-informed industry-NIH collaboration that lasted from 1968 through 1977; see Kluger, Ashes to Ashes, pp. 427–30.

69. “Smoker Compensation,” April 15, 1983, Bates 501524500–4514; William L. Dunn, “Project 1600,” Aug. 25, 1967, Bates 1001521213–1214. A rare but good public discussion of compensation is “Less Tar, Less Nicotine: Is That Good?” Consumer Reports, May 1976, pp. 274–76, Bates 968037705–7707.

70. Jonathan Samet, Written Direct testimony for USA v. Philip Morris, Sept. 29, 2004, Bates 20040929, pp. 164–65. For “switch to cigarettes”: U.S. Department of Health and Human Services, The Changing Cigarette: A Report of the Surgeon General (Washington, DC: U.S. Government Printing Office, 1981), pp. v–vi. For Burns: David M. Burns, Written Direct testimony for USA v. Philip Morris, Feb. 15, 2005, Bates BURNSD-ER, pp. 35–56.

71. R. Fagan to H. Wakeham, “Moral Issue on FTC Tar,” March 7, 1974, Bates 1000211075. BAT’s Sydney Green raised similar questions: “should we ‘cheat’ smokers by ‘cheating’ League Tables?. . . . should we use our superior knowledge of our products to design them so that they give low league table positions but higher deliveries on human smoking?” (“Suggested Questions for CAC III,” Aug. 26, 1977, Bates 2231.09). The company’s subsequent behavior clearly indicates a decision in the affirmative.

72. R. Fagan to H. Wakeham, “Moral Issue on FTC Tar,” March 7, 1974, Bates 1000211075.

73. For taxes pegged to tar levels: “Kennedy Calls for Tar Tax on Cigarettes,” Courier Journal, Sept. 12, 1967, Bates 680278780; Congressional Record, Oct. 13, 1971, Bates 500020779; “Cigarette Tar Tax Act,” Congressional Record, Jan. 18, 1973, Bates 690004964–4965. For Doll: David Appleton, “Cancer Specialist Wants High-Tar Tax,” Edinburgh Scotsman, Dec. 4, 1982, Bates 100454636. Australian legislators debated such a tax in 1971; see Bates 2016002793. For Europe: “Maximum Tar Yield of Cigarettes,” May 17, 1990, Bates 2064240706–0709; and for the Middle East: Bates 303696070–6114.

74. National Cancer Institute, Risks Associated with Smoking Cigarettes with Low Machine-Measured Yields of Tar and Nicotine—Monograph 13 (Bethesda, MD: USDHHS, 2001), p. ii.

75. Randolph D. Smoak Jr., “AMA Commends Report Exposing Dangers of Light Cigarettes” (press release), Nov. 27, 2001.

CHAPTER 21

1. Claude E. Teague Jr., “A New Product Strategy for Circumventing Problems Arising from the Smoking-Health Controversy,” Dec. 10, 1969, Bates 515864703–4705.

2. John N. Langley, “On the Reaction of Cells and of Nerve-Endings to Certain Poisons,” Journal of Physiology 33 (1905): 374–413; Lennox M. Johnston, “Tobacco Smoking and Nicotine,” Lancet 243 (1942): 742.

3. Harris B. Parmele to Adam Riefner, April 11, 1946, Bates 04365297–5298.

4. Harvey B. Haag in 1940 recognized that “In the smoke of cigars and in the case of some cigarettes, because of the high alkalinity of the smoke, [nicotine] probably to some extent exists in free alkaloidal form. Not investigated thoroughly, this difference might be of some practical physiologic importance because nicotine base is much more readily absorbed from mucous membranes than the various salts”; see his “Chemical and Pharmacologic Observations on Nicotine and Tobacco Smoke,” Merck Report, Oct. 1940, Bates 9492. Parmele in 1951 noted that “two cigarettes might give rise to smoke containing the same amount of nicotine, but the absorption of this nicotine by the smoker might be radically different, dependent on other related factors, such as the degree of acidity, etc.”; see Parmele to R. M. Ganger, Jan. 29, 1951, Bates 95309702–9703.

5. For “emasculated cigarette”: H. R. Hanmer, “Memorandum on the Nicotine Content of Lucky Strike and Other Leading Brands of Cigarettes,” April 3, 1940, p. 2. For “kiss from one’s sister”: Moseley, “Second International Tobacco Congress.” For sex without orgasm: Dunn, “Motives and Incentives.”

6. Alix M. Freedman, ‘ “Impact Booster’: Tobacco Firm Shows How Ammonia Spurs Delivery of Nicotine,” Wall Street Journal, Oct. 18, 1995.

7. The gas phase can be further broken down into “true gases” and “condensable vapors.” According to a 1959 study by American Tobacco, true gases constituted about 409 mg/cigarette, condensable vapors about 10 mg, and the particle phase about 15 mg/cigarette. See “Composition of Cigarette Smoke,” Oct. 6, 1959, Bates 962004216–4223.

8. Rodgman, “Short Explanation,” p. 1.

9. A good diagram of this process can be found on the front cover of Chemical Research in Toxicology 14, no. 11 (Nov. 2001).

10. Backhurst at BAT R&D in 1965 reported that freebasing nicotine could result in a cigarette “with a low nicotine yield” producing “greater response than a cigarette with a high one”; see his “Relation between the ‘Strength’ of a Cigarette and the ‘Extractable Nicotine.’ ”

11. Jerome E. Brooks talks about Native Americans adding alkali agents such as lime or pulverized shells to increase “the effects of tobacco as it freed the active agent, nicotine”; see his The Mighty Leaf: Tobacco through the Centuries (Boston: Little, Brown, 1952), pp. 16–19.

12. American Tobacco Co., “Toasting and Ultra-Violet Light Treatment of Tobacco,” 1930, Bates 950296691–6704; Adolf Wenusch, Der Tabakrauch. Seine Entstehung, Beschaffenheit und Zusammensetzung (Bremen: Arthur Geist, 1939); Aleksandr A. Shmuk, The Chemistry and Technology of Tobacco, vol. 3 of his Works, 1913–1945, trans, from Russian (Moscow: Pishchepromizdat, 1953).

13. Claude E. Teague Jr., “Reduction of Harshness in Leaf Tobacco,” April 30, 1954, Bates 504175051–5052; Shmuk, Chemistry and Technology of Tobacco, pp. 455–540.

14. Charles S. Philips, “Process of Treating Tobacco,” U.S. Patent, Sept. 13, 1881, Bates 2026526307–6308; American Tobacco Co., “Toasting and Ultra-Violet Light Treatment of Tobacco,” 1930, Bates 950296691–6704.

15. Brown & Williamson, “Cigarette Dimensions,” 1993, Bates 581110529–0548. A good overview of early recon use in the United States is F. E. Van Nostran (Philip Morris), “Summary of Reconstituted Tobacco Intelligence,” Feb. 20, 1962, Bates 2076277599–7617. Wakeham outlines a recipe in a note to Hugh Cullman, July 23, 1962, Bates 1000862896–2897.

16. Tilley, Reynolds Tobacco Company, pp. 488–94. Alan Rodgman credits Samuel Jones as the inventor of recon, though Europeans had also been doing work in this area. For patents, see “Chronology of Events: Day One Media Contact RE: Nicotine” (Reynolds), March 18, 1994, Bates 525311830–1831.

17. For “much more efficient”: J. D. Hind to R. B. Seligman, “Re: Strong Chocolate Flavor in DAP-BL,” Nov. 6, 1962, Bates 1000862754. For “stem soaking”: Philip Morris Research Center, “Bi-Monthly Progress Report,” May–June 1962, Bates 1001532315–2320. For “lemon albedo”: “Project 1300: DAP-BL Process Improvements,” July 5, 1963, Bates 1000826239–6245; and for process alternatives more generally: Bates 1000826367–6368. For the decision to start commercial production, see “Bi-Monthly Progress Report,” July–Aug. 1963, Bates 1001532350–2353.

18. J. D. Hind and R. B. Seligman, “Tobacco Sheet Material,” U.S. Patent Office, Nov. 21, 1967, Bates 2056136774–6783; A. Hyland, R. Goldstein, A. Brown, R. O’Connor, and K. M. Cummings, “Happy Birthday Marlboro: The Cigarette Whose Taste Outlasts Its Customers,” Tobacco Control 15 (2006): 75–77.

19. C. F. Gregory, “Observation of Free Nicotine Changes in Tobacco Smoke,” Jan. 4, 1980, Bates 510000667–0670. Early ads for Merit cigarettes announced that “smoke” had been “cracked”—a remarkable coincidence given that “crack” cocaine would not appear until the early 1980s. For “Smoke Cracked” and “radical breakthrough,” see Bates 2024987245–7246.

20. Robert K. Williams, “Progress during May–June on Project No. TE-5001,” July 13, 1971; compare also his “Summary of Progress in 1971 on Project TE-5001,” Dec. 16, 1971, Bates LG0262125–2126; and J. R. Newsome, “Progress during 1973 on Project TE 5001,” Jan. 29, 1974, Bates 2073883754–2755.

21. “We are pursuing this project with the eventual goal of lowering the total nicotine present in smoke while increasing the physiological effect of the nicotine which is present, so that no physiological effect is lost on nicotine reduction”; see Robert K. Williams, “Development of a Cigarette with Increased Smoke pH,” Dec. 16, 1971, Bates LG0262126.

22. Teague, “Implications and Activities.”

23. RJR, “Ammonia,” Draft, Aug. 9, 1982, Bates 500990999–1004; Terrell Stevenson and Robert N. Proctor, “The ‘Secret’ and ‘Soul’ of Marlboro: Philip Morris and the Origins, Spread, and Denial of Nicotine Free-Basing,” American Journal of Public Health 98 (2008): 1184–94.

24. For “strength”: Backhurst, “Relation”; for “normal impact”: R. P. Newton and E. F. Litzinger, “Further Evaluations of UKELON-Treated Cigarettes,” Jan. 17, 1972, Bates 650105 652–5663; “greater levels”: Hawkins, McCain & Blumenthal, Inc., “Project LTS,” June 20, 1977, Bates 660094371–4451; “one avenue”: R. P. Newton, “Ukelon Treatment of Tobacco,” 1971, Bates 1014727772–2773.

25. C. F. Gregory, “Observation of Free Nicotine Changes in Tobacco Smoke/#528,” Jan. 4, 1980, Bates 510000667–0670.

26. H. C. Garrett to Larry O’Berry, “Superiority CPT/254,” Oct. 24, 1989, Bates 58313 6019–6026. A list of ingredients and code names can be found in Brown & Williamson’s “Additive Code Analogues,” n.d., Bates 1326.01 and 1329.01. A 1972 report notes that the company’s use of urea to increase impact had been “abandoned in favor of a higher impact experimental blend”; see “Research & Development Monthly Report,” April 1972, Bates 620086712–6739.

27. Brown & Williamson, “Table 1—Sample Description,” 1991, Bates 570360597–0601. For another set of ingredients and mixing instructions, see Brown & Williamson’s “Project Cherokee,” Dec. 1990, Bates 526031385–1392; and for PM’s recon: Bates 1000322727.

28. Susan Braun, Information Data Search, Inc., “Ammonia Uses by Philip Morris: A Report to Brown & Williamson Tobacco Co.,” May 17, 1985, Bates 681827963–8063.

29. J.S.C. Wong, “Development of a Low Alkaloid Smoking Product,” Jan. 8, 1988, Bates 402373981–3993.

30. Brown & Williamson, “Woodrose B&W and Cooperative Brand Ratings,” 1970, Bates 465606986–7087; Ralph Brave, “Smoked out! The Hidden History of UC Davis’ 35-Year Collaboration with Big Tobacco,” Sacramento News and Review, June 21, 2007.

31. R. Johnson, “Ammonia Tech. Conference Minutes,” May 18, 1989, Bates 508104011-4164 at 4016; also “Second Annual Ammonia Technology Conference: Commercialization of Ammonia Technology,” June 11–13, 1990, Bates 570353434–3770. An excellent overview of ammoniation is Brown & Williamson’s Root Technology: A Handbook for Leaf Blenders and Product Developers, Jan. 1991, Bates 682439026–9083.

32. J. H. Lauterbach and R. R. Johnson (Brown & Williamson), “The Project Adverb Study of Marlboro KS,” Oct. 10, 1989, Bates 570244005–4027.

33. Kluger, Ashes to Ashes, pp. 742–47.

34. I’ve mentioned “folk freebasing,” but it is also worth noting that some of the first nicotine gums were freebased, containing “a carbonate buffer to increase salivary pH and improve buccal absorption of nicotine.” Buffered gums produced nicotine blood levels more than twice as high as unbuffered gums; see Anders Axelsson and Bo Brantmark, “The Anti-Smoking Effect of Chewing Gum with Nicotine of High and Low Bioavailability,” in Proceedings of the 3rd World Conference on Smoking and Health, vol. 2 (Bethesda, MD: DHEW, 1977). pp. 549–59.

35. Dick Howe, “Development of Safety Protocols at the Bermuda Hundred Pilot Plant,” June 29, 1988, Bates 2025619545–9603, p. 35.

36. Stephen S. Hecht, “Biochemistry, Biology and Carcinogenicity of Tobacco-Specific N-nitrosamines,” Chemical Research in Toxicology 11 (1998): 559–603.

CHAPTER 22

1. James J. Morgan, deposition testimony in Broin v. Philip Morris, April 17, 1997, Bates 2063670882–0926, p. 78.

2. Trial Testimony of James J. Morgan in Minnesota v. Philip Morris, April 22, 1998, Bates MORGANJ042298, p. 13458, and in Philip Morris v. R. J. Reynolds, Oct. 15, 1974, Bates 502640001–0103.

3. For “health filter smokers”: Peggy G. Martin and T. R. Schori, “Further Evaluation of Delivery Information Influence on Subjective Acceptability of a Low Delivery Cigarette,” May 1976, Bates 1000363042–3061. For “alleviate”: Reynolds, “Segment Summary,” 1981, Bates 501984818–4823. For “less ‘risky’ ”: A. M. Heath, “Conference on Marketing Low Delivery Products,” Jan. 1982, Bates 690120722–0756. For “health cigarette image”: John Howley to Roy Barcell, “Kent Brand Image,” Nov. 13, 1975, Bates 85002494–2499. For Project Hilton: “Excerpts from Marlboro Marketing and New Product Development Plans, Germany, 1976, Bates 2501062584–2620, p. 177. For Project Klaus, see Paul Isenring’s press release from Dec. 30, 1975, Bates 2075972885–2888. The “health-oriented” reference is Bates 25012043844385; and “addiction” is Bates 2501204384–4385. See also “Project Gatwick,” Aug. 17, 1972, Bates 100025468–5471; and N. R. L. Brown, “New Virginia Brand Projects,” July 13, 1972, Bates 301003471–3479.

4. Cigarettes in the 14 to 18 mg range (Kent, Lark, Silva Thins) offered “taste with implicit health benefit; lights in the 5 to 14 mg range (Merit, Doral, Vantage) offered “taste with contemporary health benefit,” and those in the 1 to 4 mg range (Now, Carlton, True) offered “explicit health benefit”; see Brown & Williamson’s “Cigarette Market Product Dynamics,” 1977, Bates 660000489–0490. For “throat and voice problems”: Kim Joyce to Reynolds, Dec. 16, 1979, Bates 500587469. For “psychological crutch”: George Weissman to Joseph F. Cullman III, Jan. 29, 1964, Bates 1005038559–8561.

5. Philip Morris marketing document, March 1992, Bates 2045726327–6349, p. 19.

6. For “dimensions of Youth”: R. D. Ferris to A. Stephenson, “RE: Lights Mild Descriptors,” Feb. 18, 1992, Bates 400760281. For switching to menthols: A. Grabowsky (Liggett & Myers), “Adam Package Study—Group Interviews,” Nov. 17, 1970, Bates LG0113953–4002. For healthful names: Lennen & Newell, “Exploratory Study on Consumer Identification of and Association with Specific Trade Names,” Nov. 1964, Bates 03361414–1486. For “health segment”: Brown & Williamson’s “Kool Family Overview (1978–1981),” Bates 776167302–7316.

7. Farrell Delman et al., eds., Directory of Cigarette Brands: 1864–1988 (Princeton: Tobacco Merchants Association, 1989), Bates 282008342–8576.

8. Jerry Isaacs to Renee Simons, “Benson & Hedges Name Contest (Skinny Cigarette),” Aug. 10, 1987, Bates 2049202154.

9. G. Lyttle-Green to M. A. Bateman et al., “Project Cirrus Task Force,” July 15, 1987, Bates 170321230–1234.

10. American Tobacco had started this craze in 1967 with its Silva Thins; Malibu Thins were a Brown & Williamson brand introduced that same year, followed by Empire Thins in 1968, but it is not clear whether any of these were sold as “diet cigarettes.”

11. The same survey comparing superslims against Capri noted that while most perceived these as milder and having less tar, “few knew the tar levels of either product”; see Shari Teitelbaum to Carl Cohen, “Superslims Qualitative Research,” Dec. 2, 1991, Bates 2041253558–3560.

12. M. J. Thun et al., “Cigarette Smoking and Changes in the Histopathology of Lung Cancer,” Journal of the National Cancer Institute 89 (1997): 1580–86.

13. Timothy Begany, “Are Cigarette Makers Trying to Conceal Secondhand Smoke?” RespiratoryReviews.com, Dec. 2000; G. N. Connolly, G. D. Wayne, D. Lymperis, and M. C. Doherty, “How Cigarette Additives Are Used to Mask Environmental Tobacco Smoke,” Tobacco Control 9 (2000): 283–91.

14. C. V. Mace (Philip Morris) to E. I. Kropa, Dec. 16, 1954, Bates 000756356.

15. James D. Fredrickson, “Communication of Invention Memorandum: Process for the Control of Tobacco Smoke,” July 2, 1964, Bates 502212216–2218; also his “Communication of Invention: Process for Increasing the Volume of Tobacco and Other Materials of Biological Origin,” May 31, 1967, Bates 502212221–2223.

16. Helmut Wakeham, “Presentation to Philip Morris Board, Revised Draft,” Oct. 15, 1973, Bates 2022886235–6236. Reynolds’s Freon-based expanded tobacco was produced in collaboration with DuPont through its Fluorocarbons Division, which drafted (with Reynolds) a denialist Q&A on potential hazards of Freon residues in smoke; see Bates 502479617–9622.

17. For Project Duerer: Philip Morris Europe (Neuchatel), “Quarterly Report,” Jan. 1987, Bates 2021606791–7000. For microwaves: S. L. Merker and G.E. Stungis (Brown & Williamson), “Microwave Treatment of Cigarettes on a Making Machine,” Nov. 20, 1973, Bates 680220244–0247. For cancer prevention: L. C. Jennings to M. Hansen (Philip Morris), “Expansion Testing,” April 24, 1981, Bates 1003714615.

18. For Tobacco Tax Law: Vello Norman (Lorillard), “The History of Cigarettes,” May 1983, Bates 81051625–81051662. For Lucky Strike: A. L. Chesley to W. J.Garvey, April 7, 1921, Bates 950298093; Tareyton Filters: “Coumarin in Main Stream Smoke of Filter Tip Tareyton Cigarettes,” March 26, 1956, Bates 962003063; Camels: H. R. Hanmer to J. A. Crowe, Sept. 17, 1943, Bates 950582560–2570; Tareyton Ultra Low Tar Menthols: “Cigarette Specifications,” June 1981, Bates 980227878; Capri: J. E. Wickham to L. F. Meyer, “Brown and Williamson—Capri Cigarettes,” Dec. 15, 1986, Bates 2020168912; Virginia Superslims: L. A. Watson to H. G. Harwood, Oct. 15, 1991, Bates 2041800353.

19. Mark Parascandola, “Lessons from the History of Tobacco Harm Reduction: The National Cancer Institute’s Smoking and Health Program and the ‘Less Hazardous Cigarette,’ ” Nicotine and Tobacco Research 7 (2005): 779–89.

20. “Tar reassurance” gets 458 hits on the Legacy Tobacco Documents Library; “health reassurance” gets over 1,500.

21. Kessler, “Amended Final Opinion,” p. 1630.

22. “Color Perception” (Marketing Report, Brown & Williamson), 1978, Bates 77406 6281.

23. “Tobacco Giant ‘Breaks Youth Code,’ ” BBC News, June 28, 2008, http://news.bbc.co.uk/2/hi/africa/7475259.stm.

CHAPTER 23

1. “Smoking and Health: Senator Proposes Federal Action,” News and Observer (Raleigh, NC), Nov. 3, 1953, Bates 2025028780.

2. We need histories of the various industry law firms; for starters, see Mark Hansen, “Shook Hardy Smokes ’Em,” ABA Journal, Oct. 2008; also Judge Kessler’s excoriation in her “Amended Final Opinion,” p. 3.

3. “Excerpts from R. J. Reynolds Tobacco Company’s File on Contributions to Harvard Medical School,” Jan. 15, 1972, Bates 503138609–8621A.

4. Ibid., pp. 7–10.

5. Ibid., pp. 10–13.

6. For “all six General Counsel” and “stress and not smoking”: Edwin J. Jacob to W. T. Hoyt, June 27, 1968, Bates 11330520–0520, and to David R. Hardy, Feb. 2, 1967, Bates 1005 154440–4445, p. 4. For “sympathetic to our cause”: David Hardy to Cyril Hetsko, Jan. 25, 1969, Bates 945369849–9850. For “squirrel monkey”: “Behavioral Hypertension” (report on Barger’s application), n.d., Bates HK1805041–5043. R.J. Bing, evaluating Barger, commented, “We support Dr. Barger primarily because we wanted to ride piggyback on an important project in an important institution” (Bates 50093756–3756). For “unknown” causes and “many suspects”: Clifford Barger, “RJR Board Presentation,” Oct. 22, 1984, Bates 503956 178–6180. For Dews on “nicotine addiction”: Peter B. Dews, “Presentation Prepared by Philip Morris Outside Consultant,” Sept. 28, 1994, Bates 2047097047–7060; and for hints of the points covered, see Marc S. Firestone to Peter Dews, Sept. 9, 1994, Bates 2065405848–5850.

7. A.L. Chesley to Paul M. Hahn, Jan. 23, 1931, Bates 950289552–9558.

8. Andrew W. Petre, “Summary Report of Philip Morris and Company Industrial Fellowship Nos. 11, 12,” Feb. 1946, Bates 1003072220–2258; H. B. Parmele to H. S. Lukens, March 5, 1945, Bates 04365461–5462; Parmele to Riefner, Aug. 2, 1946, Bates 04365253.

9. William Esty to S. Clay Williams, April 19, 1934, Bates 507875317–5319. For “entirely without any harmful effect”: Y. Henderson to H. M. Robertson, March 23, 1935, Bates 680144496. For Haggard’s report to Brown & Williamson: “Report of Investigation to Determine the Physiological Effects of Menthol Derived from Smoking Kool Cigarettes,” 1935, Bates 570312663–2772. For mentholating the paper: H. W. Haggard to H. M. Robertson, March 27, 1935, Bates 570312661–2662.

10. For seventy-nine medical schools, see Bates 2015002362–2375. For Philip Morris less irritating: Herbert Arkin, “An Analysis of Data on the Effect of Cigarette Smoke on the Human Throat,” 1950, Bates 1003070990–1049. For headlines from April 16–18, 1955, see Bates HT0039116; and for Lorillard’s citations of doubters, see Harris B. Parmele, “Petition before the Federal Trade Commission,” 1958, Bates 00491221–1238. Arkin’s Current Medical Digest paper was “Current Relationship between Human Smoking Habits and Death Rates,” April 1955. PP. 37–44.

11. Richard E. Shope, “The Possible Role of Viruses in Cancer Re: Cancer Cases,” Sept. 23, 1959, Bates 1005087195–7207.

12. Richard E. Shope, “Koch’s Postulates and a Viral Cause of Human Cancer: Guest Editorial,” Cancer Research 20 (1960): 1119–20, Bates 961001561–1562.

13. For “statistical judgment”: “Statement of Harry S. N. Greene, MD, Before the House Committee on Interstate and Foreign Commerce on Bills Relating to Cigarette Labeling and Advertising,” March 22, 1965, Bates TI 19841385/2183. For the Brits on Greene: Bentley, Felton, and Reid, “Report on Visit to U.S.A. and Canada”; compare Greene’s introduction to Eric Northrup’s denialist Science Looks at Smoking (New York: Coward-McCann, 1957).

14. For “epidemiological unit”: H. Wakeham to Paul D. Smith, May 21, 1969, Bates 1000321562–1564. For “information supplied”: R. B. Griffith to G. W. Stokes, March 27, 1969, Bates 680226914.

15. For “which of my patients”: Gary L. Huber to H. C. Roemer, Jan. 11, 1972, Bates 503138622–8625. For Waite’s claim: Richard A. Knox, “Harvard Study Suggests Low Tar Cigarette Risk,” Boston Globe, May 8, 1978, Bates 502405224–5225.

16. For “getting too close”: Gary L. Huber, deposition testimony for Texas v. American Tobacco, Sept. 20, 1997, Bates HUBERG092097, p. 46; also the Frontline interview with Huber, http://www.pbs.org/wgbh/pages/frontline/shows/settlement/interviews/huber.html. Huber left Harvard for Kentucky in 1980 and eventually landed at the University of Texas Health Center in Tyler, where he continued to work for Shook, Hardy and Bacon, receiving about $1.7 million in research funding from the firm.

17. Some of the most sensational publicity centered on Ragnar Rylander, a Swedish toxicologist at the University of Geneva who, for decades, worked quietly for the industry as part of what Jean-Charles Rielle and Pascal Diethelm called “an unprecedented scientific fraud.” Rylander sued his accusers, but a Swiss appeals court upheld Rielle and Diethelm’s judgment. The “Rylander Affair” prompted the University of Geneva to bar its faculty from accepting research or consulting funds from the tobacco industry; see Alex Mauron, Alfredo Morabia, Thomas Perneger, and Thierry Rochat, “Rapport d’enguâte dans l’affaire du Pr. Ragnar Rylander Genève,” Sept. 6, 2004, http://www.prevention.ch/rapryuni.pdf; and further documentation at http://www.prevention.ch/rypresse.htm.

18. For a list of Reynolds’s academic collaborations in 1978, see Murray Senkus to William D. Hobbs, July 21, 1978, Bates 500259142–9153.

19. The “History” section of the Weissman School’s website talks about the life of George Weissman without mentioning his lifelong career at Philip Morris; see http://www.baruch.cuny.edu/wsas/inside_weissman/history.htm (accessed June 2010). Wills Hall’s “History” website is equally silent about tobacco; see http://www.bris.ac.uk/Depts/Wills/history.htm.

20. For “no significant accumulation”: “A Decade of Tobacco Research,” Journal of the Bowman Gray School of Medicine 12 (Feb. 1954): 8–9. For the faulty disclosure: William A. Wolff, Marina A. Hawkins, and W. E. Giles, “The Spectrophotometric Estimation of Nicotine in Blood,” Journal of Biological Chemistry 175 (1948): 825–31.

21. Horace R. Kornegay to Paul E. Lacy and Lauren V. Ackerman, March 11, 1971, Bates TIMN0081335–1337; Washington University, “News for Release,” March 11, 1971, Bates TIMN0081328–1332.

22. Paul E. Lacy to David R. Hardy, Dec. 3, 1975, Bates 794002105–2109. For “foresight and generosity”: Paul E. Lacy to John E. Moss, Aug. 2, 1978, Bates 680015898.

23. Lauren V. Ackerman, “Research Proposal to the Tobacco Industry on Immunologic Aspects of Cancer,” Aug. 2, 1971, Bates 1005049331–9340.

24. Art Kaufman, “Tobacco Firms Helping in Fight against Cancer,” St. Louis Globe-Democrat, June 6, 1980, Bates 2025015742–5744.

25. Joseph H. Ogura, “Application for Research Grant,” Sept. 18, 1974, Bates CTRSP/ FILES013261/33.

26. For Horsfall: “Doctor Says: Smoking and Fallout Get Undue Blame for Cancer,” Seattle Post Intelligencer, June 9, 1962, Bates 1002405384. For “we have handled it”: William Ruder to James C. Bowling, June 19, 1975, Bates 2015013901. For “pro-improved tobacco”: A.E. O’Keeffe to R. N. DuPuis, Oct. 4, 1955, Bates 10018131695–3696.

27. The ghosted paper is E. L. Wynder, J. R. Hebert, and G. C. Kabat, “Association of Dietary Fat and Lung Cancer,” Journal of the National Cancer Institute 79 (1987): 631–37. For “rabid or silly antis”: Philip Morris, “Environmental Tobacco Smoke,” 1990, Bates 202118 1849–1850. For “insidious effect”: Fields and Chapman, “Chasing Ernst L. Wynder.” The industry would later use its support for Wynder as part of its defense in litigation.

28. For lawyers: David R. Hardy to Committee of Counsel, Jan. 21, 1974, Bates 2025007864–7865. For “more on public relations”: Frank G. Colby to Murray Senkus, Oct. 17, 1973, Bates 500529893. For “possible relationship”: “Review of Progress: UCLA Program Project,” May 1, 1975, Bates 03755366–5371. For “complex interlocking”: “Progress Report for the UCLA Program,” 1978, Bates 4422638–2663. Investigators included, apart from Cline, David W. Golde, Mary Territo, Robert Lehrer, Jacob Zighelboim, Robert Gale, Gregory Sarna, Peter Graze, John Wells, and John Toohey, plus sixteen postdoctoral trainees and additional collaborators from Surgical Oncology (Donald Morton), Microbiology & Immunology (John Fahey), Infectious Diseases (Lowell Young), Surgery (Paul Terasaki), and Molecular Biology (Winston Salser). For “no strong evidence”: Martin J. Cline to Joseph E. Edens, April 19, 1974, Bates 680146214–6216.

29. Martin J. Cline, deposition testimony in Broin v. Philip Morris, May 20, 1997, Bates 516969762–9788. The flight attendants won this case, and the foundation set up with the money was used to add BAT documents to the Legacy Tobacco Documents Library.

30. James E. Enstrom to Anne Duffin, Jan. 5, 1976, Bates HK2232075–2075. For “some other factor”: Tobacco Institute Newsletter, Nov. 25, 1974, Bates TIFL0509298–9301. Enstrom in his proposal stressed that Mormons’ low cancer rates were “only partially explained by their smoking habits”; see Enstrom to Hockett, June 3, 1975, Bates 50207891–7892; Enstrom to John H. Kreisher, May 5, 1975, Bates 50207899–7899.

31. Anne Duffin to James E. Enstrom, Jan. 16, 1976, Bates HK2232074–2074.

32. James E. Enstrom to Richard Carchman, Jan. 15, 1997, Bates 2063654073–4073.

33. For Kessler’s ruling: “Amended Final Opinion,” pp. 1380–84. For “premature to conclude”: James E. Enstrom and Geoffrey C. Kabat, “Environmental Tobacco Smoke and Tobacco Related Mortality in a Prospective Study of Californians, 1960–98,” BMJ 326 (2003): 1057–61; and for criticisms: “American Cancer Society Condemns Tobacco Industry Study for Inaccurate Use of Data,” May 15, 2003; and the remarkable set of BMJ “Rapid Responses” at Bates 3006509062–9170; also Lisa A. Bero, Stanton Glantz, and M.-K. Hong, “The Limits of Competing Interest Disclosures,” Tobacco Control 14 (2005): 118–26.

34. Richard C. Paddock, “A Smoldering Controversy at UCLA: The School Accepts Money from Tobacco Giant Philip Morris in Its Three-Year Study of Nicotine Addiction: Teenagers and Monkeys are Part of the Research,” Los Angeles Times, Feb. 9, 2008.

35. “Stanford Tests Hint Cigaret Smoke May Prevent Some Cancer in Mice,” San Francisco Call-Bulletin, April 1, 1954, Bates 1005039811; compare Hanmer to Hahn, Nov. 19, 1953, Bates 950156733–6734. Griffin volunteered to represent American Tobacco at the 1954 International Cancer Congress in São Paulo, Brazil; see his letter to Hanmer, April 28, 1954, Bates 950156713–6714.

36. Final PMERP payments were made in November 2007; see Richard Izac to Anita Bacon, Nov. 9, 2007, Bates 3039515465–5465. For the decision “to not solicit or fund additional ERP research proposals” while still continuing to fund external research, see Kenneth F. Podraza to Ivana Faccini, Nov. 2, 2007, Bates 3039518420–8421. PMERP by this time had funded over 420 research proposals.

37. James Missett, deputy chief of the psychiatry service at Stanford Hospital and a member of the clinical faculty at Stanford School of Medicine, in 1998 testified for the defense in Henley v. Philip Morris; see Bates MISSETTJ121598, pp. 96–96. Herbert Solomon, chair of Stanford’s statistics department and its first Ph.D. recipient, was designated along with twenty-six other defense witnesses to testify in Haines v. Liggett (in 1992); see Bates 2024929495–9496.

38. For “may improve”: “Nicotine’s Effect on Fatigue & Flight Performance in Drug-Naive Subjects,” 1997, Bates 516764169–4177. For “positive aspects”: “Objectives: Human Performance Laboratory,” Bates 520016200–6211. For “nicotine enhances”: Mike Johnson to Chuck Blixt, Mark Holton, and Denise Fee, “Stanford University Study,” Nov. 12, 1997, Bates 520963671–3680. For the published version: Martin S. Mumenthaler, Joy L. Taylor, Ruth O’Hara, and Jerome A. Yesavage, “Influence of Nicotine on Simulator Flight Performance in Non-Smokers,” Psychopharmacology 140 (1998): 38–41; and for peer reviews of the unpublished manuscript in Reynolds’s files (!), see Bates 519972968–2972.

39. Paul Switzer, “Comments for the EPA Scientific Advisory Board EPA Review Draft: Health Effects of Passive Smoking,” Nov. 5, 1990, Bates 202336136–6588 at 6512–65; and for his oral testimony on Dec. 4, 1990: Bates 515799532–9540. Other scholars paid to criticize the EPA’s report included Joseph L. Fleiss of Columbia, Ragnar Rylander of the University of Gothenburg, Peter Skrabanek from Trinity College in Dublin, George Feuer of the University of Toronto, Alan J. Gross of the Medical University of South Carolina, Donald J. Eco-bichon from McGill, Peter N. Lee of P. N. Lee Statistics, John W. Gorrod from the University of London, and at least fifty others; see Bates 950216620–6647.

40. Philip Morris, “Environmental Tobacco Smoke: Rush to Judgment,” 1991, Bates 2022839746–9758, p. 6. And for his funding: “CIAR Funded Proposals,” Jan. 18, 1996, Bates 2063654341; Paul Switzer to Clausen Ely Jr., “Invoice,” Dec. 10, 1991, Bates TI10161425; Paul Switzer, “Invoice,” Feb. 1, 1996, Bates 2063610208.

41. See Timothy Lenoir, “Expert Disclosure Statement” (for Tune v. Philip Morris), Dec. 1, 1998, Bates 2077532085–2113; Robert E. McGinn, “Declaration” (for Brown & Williamson v. Regents of the University of California), May 20, 1995, Bates 682766777–6792. Lenoir in his carefully lawyered disclosure claimed that statistical correlations in the 1950s were regarded as “inadequate by prevailing medical and scientific standards of the time for establishing disease causation” and that when the Surgeon General finally concluded that smoking caused laryngeal cancer (in 1982) this was based on “different evidentiary standards for establishing causality than those of the scientific research community.” Lenoir also claimed that even after this time “the causal role of smoking continued to be debated among scientific researchers” (p. 2). Lenoir’s expert disclosure was not deprivileged until February of 2011; I asked him how he had become involved in litigation, and he said that Ronald Over-mann from the NSF (recently retired) had put him in touch with Shook, Hardy and Bacon’s Allen Purvis, who at that time was organizing expertise for the industry (personal communication). Overmann also worked for the industry, preparing to serve as an expert witness (1998–99) after serving as program officer for history and philosophy of science at the NSF.

42. Michael Daube (David’s son), personal communication, Jan. 10, 2009.

43. For “beset by errors”: “Assessment of the Medical Testimony: 1969 Cigarette Hearings, House Committee on Interstate and Foreign Commerce,” 1969, Bates TI55752958–2966. The April 15, 1969, testimony of K. Alexander Brownlee, Leo Katz, and Theodor D. Sterling at congressional hearings on cigarette labeling and advertising can be found at Bates 2322576–3488, pp. 750, 858–60; and Bates 1003897309–7849, pp. 930–35. Professor Katz had earlier postulated infantile thumb sucking as just as good an explanation for lung cancer as smoking, observing that “although you may object to a claim . . . that lung cancer is caused by thumb-sucking, I maintain that this is precisely the nature of the supporting evidence for the claim that lung cancer is caused by smoking”; see “Summary of Statement of Dr. Leo Katz . . . before the Senate Committee on Commerce,” March 1965, Bates 70104941–4959.

44. “Statement of Mr. Darrell Huff,” U.S. Congressional Hearings on Cigarette Labeling and Advertising, March 22, 1965, Bates 1004800682–0694.

45. The Ad Hoc Committee was a group of lawyers spun off from the Policy Committee whose duties included maintaining the Central File (aka “Cenfile”), “a collection of every document which can be found relating to the smoking and health controversy” (Bates 80684691–4695). The Ad Hoc Committee was also responsible for helping to locate medical witnesses and prepare testimony. Edwin Jacob from Jacob, Medinger & Finnegan supervised the Central File with financial support from all parties to the conspiracy. Responsibility for maintaining the Central File Information Center in 1971 was transferred to the CTR, which managed “informational retrieval” and maintenance through a CTR Special Project, organized as part of a new Information Systems division, by which means the CTR became a crucial resource for the industry’s effort to defend itself against litigation. See Kessler’s “Amended Final Opinion,” pp. 165–68.

46. “Congressional Preparation,” Jan. 26, 1968, Bates 955007434–7439; F. P. Haas, “Memorandum,” Nov. 4, 1965, Bates 502052217–2220. J. Michael Steele in his “Darrell Huff and Fifty Years of How to Lie with Statistics,” Statistical Science 20 (2005): 205–9, ignores Huff’s work for Big Tobacco in his effort to explain how Huff’s became “the most widely read statistics book in the history of the world.” A 1966 draft of Huff’s tobacco-cancer denialist essay can be found at Bates 1005087621–7694.

47. Timothy Finnegan to William W. Shinn, “Joe Janis,” Feb. 1, 1979, Bates 521030804–0805; Finnegan to Gentlemen, March 21, 1981, Bates 507731483–1484; M.H. Crohn et al., “Primary Issue,” May 1980, Bates 501729943–9946.

48. See the Reynolds organization chart for Oct. 23, 1990, Bates 2026230324–0712. The Tobacco Statisticians Working Group included Anthony Springall from Imperial, Edward B. Wilkes from BAT, W. D. Rowland from Carreras Rothmans, M. R. Stevenson from Gallaher, and Manuel Bourlas from Philip Morris Europe, with lawyerly support from W. S. Paige. For the work of the subcommittee, see “Minutes of the 67th Meeting of the Statistical Sub-Committee of TRC,” July 28, 1976, Bates 100210432–0438. Wolf-Dieter Heller in 1984 published a letter in Lancet criticizing Trichopoulos’s work on secondhand smoke; the substance of the criticism had been drafted by Peter N. Lee, a long-standing consultant for the industry, but as Lee explained to BAT, the letter was “arranged to be sent from Germany through the Verband, as there was a fear I was getting rather too much exposure.” See Lee, “More on Passive Smoking,” Jan. 14, 1984, Bates 100203723–3737.

49. For “three independent statisticians”: “Error Found in Cancer Study,” Tobacco International Communique, June–July 1981, Bates 506642052–2067; and for the press release: Bates 503947515–7519. For press coverage: Tobacco Institute, “The Hirayama Controversy: An Analysis of Media Activity,” Aug. 1981, Bates TI10080830–0953.

50. J. K. Wells (Brown & Williamson) to E. Pepples, July 24, 1981, Bates 521028146–8147.

51. Marvin A. Kastenbaum, “Epidemic by the Numbers,” April 15, 1975, Bates HK0119030–9046.

52. William E. Wecker, deposition testimony in Texas v. American Tobacco, Sept. 26, 1997, Bates WECKERW092697, pp. 85–91.

53. R. Garrison Harvey, “Affidavit” Re Jason Budnick, July 14, 2010.

54. Donald B. Rubin, deposition testimony for Florida v. American Tobacco, July 9, 1997, Bates RUBIND070997, p. 26; also his testimony in USA v. Philip Morris, May 24, 2005, Bates RUBIND052405; and his “The Ethics of Consulting for the Tobacco Industry,” Statistical Methods in Medical Research 11 (2002): 373–80. Rubin’s opportunity to testify came through Finis Welch, an economist at Texas A&M in College Station.

55. Lynn R. LaMotte, deposition testimony in Texas v. American Tobacco, Sept. 27, 1997, Bates LAMOTTEL092797, pp. 41–45.

56. Wayne W. Juchatz to Samuel B. Witt III, “Dr. DiMarco,” Dec. 13, 1982, Bates 505741150–1153.

57. For a list of over a hundred depositions of such experts—and these just for Philip Morris—see “Deposition Transcripts of Philip Morris Employees & Experts Taken in AG & Non-AG Cases through 4/29/99,” Bates 2077744017–4036. We are very much in need of critical histories of field-specific collaborations, including the back-scratching networks through which such contacts are maintained. One solid source is the December 2006 volume of Tobacco Control titled Research on Tobacco Litigation Testimony, edited by Stella Bialous.

58. Bernard G. Greenberg’s Nov. 25, 1964, testimony for the defense in Green v. American Tobacco can be found at Bates GREENBERGB112564.

59. Rodney W. Nichols to Ernst Pepples, March 6, 1980, Bates 521033811–3812, cc’ed to Joshua Lederberg et al.

60. For “tremendously grateful”: Joshua Lederberg to J. Paul Sticht, Aug. 17, 1979, Bates 504874151. For “carcinogenic damage”: Joshua Lederberg to Ernest Pepples, Sept. 6, 1984, Bates 521033548–3549.

61. “Financial Support of Research Efforts of Rockefeller University,” Sept. 11, 1975, Bates 503135598.

62. Naomi Oreskes and Erik M. Conway, “Challenging Knowledge: How Climate Science Became a Victim of the Cold War,” in Proctor and Schiebinger, eds., Agnotology, pp. 55–89.

63. In 1982 projects supported by Reynolds’s Medical Research Committee included research into blood pressure at Harvard, arteriosclerosis at the University of Washington, lung disease and necrosis at UC San Diego, cancer at the University of Colorado, immunology at the MCV, adult diabetes at the University of Pennsylvania, and “the effects of diet and stress” at four different institutions, etc.; see Frederick Seitz, “R. J. Reynolds Research Grants Program Update,” May 18, 1982, Bates 515449717–9733.

64. Frederick Seitz, “R. J. Reynolds Research Grants Program Update,” May 2, 1983, Bates 515449734–9764; Mark Hertsgaard, “While Washington Slept,” Vanity Fair, April 5, 2006.

65. For “depriving people”: Ernest Pepples to Joshua Lederberg, Nov. 30, 1981, Bates 521033609. For “absolute confidentiality”: Ernest Pepples to Joshua Lederberg, Oct. 15, 1981, Bates 501026848. For the Manhattan visit: “Rockefeller University Faculty and Officers to Attend Meeting,” April 1, 1988, Bates 506254882–4883.

66. Tobacco Institute, Three Decades of Initiatives by a Responsible Cigarette Industry, Nov. 29, 1988, Bates TIFL0503147–3151; E. A. Horrigan, “An Open Debate,” Feb. 14, 1984, Bates TIMN0263822–3825,

67. For “not ogres”: Donald K. Hoel, “Industry Research Committee Meeting,” Nov. 6, 1978, Bates 2023918174–8180. For Redford Williams, see his The Trusting Heart: Great News about Type A Behavior (New York: Random House, 1989).

68. Brandy Fisher, “Healing Weed,” Tobacco Reporter, May 2000, Bates 531290150–0172. Cooke’s work was key in the founding of Endovasc, a publicly traded company licensed to commercialize nicotine angiogenesis. Cooke himself was an investor, as was Philip Morris. The company was eventually reduced to a penny stock amid a certain degree of “pump and dump” scandal for which the word “Endoscam” was coined.

69. “Associates for Research into the Science of Enjoyment,” Sept. 1993, Bates 2504092465–2482; “Scientists Meet in Brussels to Reflect on the Quality of Life” (ARISE press release), Sept. 28, 1993, Bates 2023128389–8390; David M. Warburton, ed., Addiction Controversies (London: Routledge, 1990). For a list of ARISE Associates and mission goals, see Bates 2024208105–8132 at 8115.

70. “ARISE: Information Pack,” Bates 520029233–9283; compare also Bates 2050163311. For “high priests of pleasure”: David M. Warburton, “The Functions of Pleasure,” Sept. 28, 1993, Bates 2023128393–8394.

71. Petra Netter, “Pleasure and Health,” 1993, Bates 2023128395–8396.

72. For “alleged dangers”: Timothy Evans, “Bureaucracy against Life: The Politicisation of Personal Choice,” 1993, Bates 2029104023–4024. For Frank van Dun: Bates 2023128401–8402. For Luik on addiction: John C. Luik, “ ‘I Can’t Help Myself’: Addiction as Ideology,” Human Psychopharmacology 11 (1996): S21–32; also John Lepere (CECCM) to M. Arnauts et al., June 28, 1993, Bates 300544162–4191, and the online Sourcewatch entry on Luik. ARISE Associates were also used to fight antismoking restrictions. Philip Morris funded Jean-Pierre Dauwalder’s Institute of Psychology in Lausanne, for example, to produce “third party” communications in the area of “social-political themes” like “tolerance, freedom of speech, scientific research and communication, the nanny state, health and lifestyle engineering, etc.”; see the company’s report for Switzerland from Oct. 12, 1992, Bates 2501362190–2203. Prof. Peter Atteslander of Augsburg was also employed for this purpose; see Dietmar Jazbinsek, “Peter Atteslander: Forschen schadet Ihrer Gesundheit,” Die Weltwoche (2005): 47.

73. Philip Morris, “Project Cosmic: Budget/Sending Status,” Feb. 1991, Bates 2023160927; Philip Morris, “Expense Elements Analysis,” Feb. 19, 1991, Bates 2023160930–0931.

74. For “potentially totalitarian”: Peter L. Berger, “Boston University,” March 5, 1982, Bates TIMN0198603–8619; compare his interview in “What Motivates Anti-Smokers?” Tobacco Observer, April 1980, Bates TIMN0121130–1141. For “disturbing implication,” see his statement submitted to the Labor and Human Resources Committee, U.S. Senate, on the proposed Comprehensive Smoking Prevention Education Act, March 5, 1982, Bates 2060465087–5152, pp. 271–92, and Bates TIMN0198603–8619. For “lonely zealots,” see his “ETS: Ideological Issue and Cultural Syndrome,” in Clearing the Air: Perspectives on Environmental Tobacco Smoke, ed. Robert D. Tollison (Lexington, KY: D. C. Heath, 1988), pp. 82–83, Bates 682719312–9320. For “elitist”: “Excerpts from Observations by Peter L. Berger . . . after attending the Fourth World Conference on Smoking and Health in Stockholm in 1979, and the Fifth in Winnipeg,” 1983, Bates TI04821555–1561. For “totalitarian encroachments”: Peter L. Berger, speech of March 5, 1982, Bates 03609609–9624. For “new anti-Semitism”: Peter L. Berger, “Gilgamesh on the Washington Shuttle,” Worldview, Nov. 1977, pp. 43–45.

75. Peter L. Berger, “Furtive Smokers—And What They Tell Us about America,” Commentary, June 1994, pp. 21–26, Bates 2078320968–0979.

76. PMERP in 2000 received 153 applications and funded 66; for a list, see “Philip Morris External Research Program Management Report,” Feb. 2002, Bates 2085522647–2721.

77. http://harvest.cals.ncsu.edu/index.cfm?showpage=293&awardid=139.

78. Richard C. Reich, “Philip Morris Support for Agricultural Programs in Four Major Flue-Cured Tobacco States,” March 27, 1987, Bates 506491092–1095.

79. Stanley Schachter to William Dunn, Dec. 26, 1972, Bates 1003290508; Schachter to Dunn, Sept. 20, 1973, Bates 1003290504.

80. “Board of Directors, Excerpt from Minutes, March 27, 1985, George Weissman—Endowment Gift,” Bates 2073921336.

81. For project code names: “Potential Witnesses or Scientists Able to Help in Finding Witnesses,” 1991 (est.), Bates 2028395845–5851; also “Projects Description 1991,” n.d., Bates 2023856132. For Alzheimer’s: “Cajal” (Philip Morris), Oct. 1990, Jan. 1991, Bates 2023856208; and John P. Blass to Ernest Pepples, Feb. 21, 1984, Bates 521033562.

82. Janine K. Cataldo, Judith J. Prochaska, and Stanton A. Glantz, “Cigarette Smoking Is a Risk Factor for Alzheimer’s Disease: An Analysis Controlling for Tobacco Industry Affiliation,” Journal of Alzheimer’s Disease 19 (2010): 465–80.

83. David Spurgeon, “Canadian Universities’ Links to Tobacco Industry Shown,” BMJ 325 (2002): 734, reporting on a study by Fernand Turcotte et al.; Simon Chapman and Stan Shatenstein, “The Ethics of the Cash Register: Taking Tobacco Research Dollars,” Tobacco Control 10 (2001): 1–2; “Cancer Professor on the Move,” Times, March 17, 2001; J. Meikle, “Professor Quits over Tobacco Firm’s £3.8m Gift to University,” Guardian, May 18, 2001; R. Smith, “A Tainted University,” Guardian, May 21, 2001.

84. Helmut W. Gaisch, “The European Counterpart to ‘Operation Downunder’: The Role of S&T PME,” Feb. 21, 1988, Bates 2028343858–3860; Joaquin Barnoya and Stanton A. Glantz, “The Tobacco Industry’s Worldwide ETS Consultants Project,” European Journal of Public Health, 16 (2005): 69–77.

85. Norbert Hirschhorn, “Shameful Science: Four Decades of the German Tobacco Industry’s Hidden Research on Smoking and Health,” Tobacco Control 9 (2000): 242–47; Grüning, Gilmore, and McKee, “Tobacco Industry Influence.” For a stinging critique of the German industry’s corruption of “passive smoking” research, see Ferdinand Schmidt, “Symposium war ein Skandal,” Die Neue Ärztliche, May 14, 1987, Bates TI10010556–0559. For Germany’s Institute for Heart Research: http://member.globalink.org/nimi/26673.

86. Jones Day uses the “stable of experts” metaphor with regard to experts organized by the industry’s Special Trial Issues Committee (STIC); see Jones Day, “Corporate Activity Project,” p. 327; and for STIC activities: King and Spalding to Brown & Williamson, April 7, 1992, Bates 689103258–3437.

87. “Potential Witnesses or Scientists Able to Help in Finding Witnesses,” 1991 (est.), Bates 2028395845–5851.

88. Deborah E. Barnes and Lisa A. Bero, “Why Review Articles on the Health Effects of Passive Smoking Reach Different Conclusions,” JAMA 279 (1998): 1566–70.

89. “Transcript of E-chat with Dr. Sharon Boyse, Director of Scientific Issues, B&W, June 6, 2000,” Bates 2083483332–3340, corrected for punctuation.

CHAPTER 24

1. Marc Edell, “Cigarette Litigation: The Second Wave,” Tort and Insurance Law 22 (1986): 90–103.

2. An excellent history of mechanization can be found in Walford’s 1979 “Development of Cigarette Technology.” For brand histories, see “Salem,” 1994, Bates 513912600–2610; and AT’s “Lucky Strike,” 1916, Bates 544010006–0032. For the CTR, see W. T. Hoyt, “Excerpt from History of the Council for Tobacco Research—U.S.A., Inc.,” 1984, Bates 92743050–3070. For filters, see “Hi-Fi History” (Brown & Williamson), n.d., Bates 464518657–8673. An excellent history of menthols is Jack R. Reid (Lorillard), “A History of Mentholated Cigarettes: ‘This Spud’s for You,’ “ 47th Tobacco Chemists Research Conference, Oct. 23, 1993, Bates 2057764407–4420. A superb review of the history of tobacco chemistry can be found in Vello Norman (Lorillard), “Changes in Smoke Chemistry of Modern Day Cigarettes,” 1976, Bates 503853939–3975. A short (and deceptive) history of the idea that smoking was killing 300,000 people per year in the United States can be found in the Tobacco Institute’s “Two Days in May,” May 1978, Bates PA/000776. For a Tobacco Institute bibliography of historiography, see “Tobacco History Bibliography,” April 1976, Bates 502111718–1722. For the history of CORESTA, an international organization created by the French tobacco monopoly (SEITA), see “25 Years of International Cooperation in the Service of Scientific and Technical Research in Connection with Tobacco (1956–1982),” 1982, Bates 510648213–8235. For history for litigation, see Jones, Day, Reavis and Pogue, “RJR Research and Development Activities: Fact Team Memorandum,” Dec. 31, 1985, Bates 515871651–1912; also “The Tobacco Institute: A Brief History,” Feb. 7, 1997, Bates TINY0001751–1755. For medical science history, see the 300-page anonymous review for Philip Morris: “The Incidence and Etiology of Bronchiogenic Carcinoma—A Review of Literature,” 1953, Bates 2025017820–7880, 2025017881–7923, and 2025017924–8049. For brand reviews, see American Tobacco’s “Pall Mall Advertising 1919–1950, Pall Mall Brand Review 1975–1983,” n.d., Bates 970227411–7465; also “RJR—History—Winston,” Oct. 26, 2000, Bates 522901708–1731. For chronologies, see A. L. Fritschler, “Chronology of Important Events in the Cigarette Labeling Controversy,” 1972, Bates TIMN0082916–2928; also the “Partial Chronology of Tobacco-Related Political, Scientific, and Media Events between 1962 and 1968” prepared by Brown & Williamson, n.d., Bates 1007.01. Historians have occasionally entertained the industry by delivering speeches at colloquia; Spencer Weart on April 25, 1979, presented an “Evening Seminar” at Philip Morris’s headquarters with the nicely ironic title “Prostituted Physics”; see P. A. Eichorn, “Evening Seminars,” Oct. 19, 1978, Bates 100076148.

3. Lawrence M. Hughes, “R. J. Reynolds and Its First 50 Years with ‘Old Joe’ Camel,” Sales Management, Nov. 1, 1963, Bates 500627570–7577; Silvette, Larson, and Haag, “Medical Uses of Tobacco, Past and Present,” Virginia Medical Monthly 85 (1958): 472–84.

4. Jerome E. Brooks, Tobacco: Its History Illustrated by the Books, Manuscripts and Engravings in the Library of George Arents, Jr., 5 vols. (1937–52; Reprint Mansfied Centre: Maurizio Martino & Krown and Spellman, 1999). The first of these volumes cost $75 in 1938—at that time an enormous sum.

5. T. K. Cahill to George Schramek, May 21, 1975, Bates 502101534–1535.

6. William Kloepfer to J. C. B. Ehringhaus, Dec. 28, 1977, Bates TI07711315. Robicsek, a cardiopulmonary surgeon at the Sanger Institute in Charlotte, North Carolina, declares tobacco “a universal necessity without which man is now very reluctant to live” (Smoking Gods, p. 202). Industry fronts have often published histories of smoking; see, for example, Sean Gabb’s Smoking and Its Enemies: A Short History of soo Years of the Use and Prohibition of Tobacco, published in the early 1990s by the London-based Freedom Organisation for the Right to Enjoy Smoking Tobacco (FOREST).

7. Brady to Little, “TIRC Program.” For CBS television: “Discussion with Dr. John F. W. King and Dr. Milton B. Rosenblatt,” April 5, 1962, Bates 01141415. For “colossal blunder”: “Statement of Dr. Milton B. Rosenblatt before the Parliamentary Committee on Health, Welfare and Social Affairs,” May 22, 1969, Bates 696000551–0568; and for video: TI06600187.

8. “Statement of Robert Casad Hockett,” May 9, 1983, Bates 680574120–4415, p. 329. The archives contain an unpublished manuscript by Rosenblatt (prepared for Philip Morris) chronicling the recognition of lung diseases such as emphysema and cancer; see “Cancer of the Lung: Collected Reprints,” n.d., Bates 1005102574–2607.

9. Joseph Robert’s books include The Tobacco Kingdom: Plantation, Market and Factory in Virginia and North Carolina (Durham: Duke University Press, 1938) and The Story of Tobacco in America (New York: Knopf, 1949); and for one of his speeches, see “General Program: 22nd Tobacco Chemists’ Research Conference,” Oct. 18, 1968, Bates 500980060–0090. Nannie M. Tilley’s two main books are The Bright-Tobacco Industry (Chapel Hill: University of North Carolina Press, 1948) and Reynolds Tobacco Company (1985). For Jerome E. Brooks’s “authorized unpublished history,” see his “The Philip Morris Century,” ca. 1978, Bates 96746624–6648. For BAT’s “History Project,” see Mair Davies and Augustus Muir, “Report on B.A.T. History Project, Folio Two,” 1972, Bates 406110072–0185.

10. “The News,” Brandstand: Viewing the World of Cigarette Collecting, June–July 1980, p. 3.

11. Cox, The Global Cigarette.

12. B. W. E. Alford, W.D. & H.O. Wills and the Development of the U.K. Tobacco Industry, 1786–1965 (London: Methuen, 1973); Brian M. Du Toit, Ecusta and the Legacy of Harry H. Straus (Baltimore: PublishAmerica, 2007); W. Twiston Davies, Fifty Years of Progress: An Account of the African Organisation of the Imperial Tobacco Company, 1907–1957 (Bristol: Imperial Tobacco Co., 1958); Sue V. Dickinson, The First Sixty Years: A History of the Imperial Tobacco Company (Bristol: Imperial Tobacco Co., 1965). Apart from Tilley’s, other official histories include Heimann, Americans and Tobacco; the anonymous Brown and Williamson Tobacco Corp., The First Hundred Years, 1893–1993 (Louisville, KY: Brown & Williamson Tobacco Corp., 1993); Mark W. Rien and Gustaf N. Dorén, Das neue Tabago Buch (Hamburg: Reemtsma, 1985); and Laurie Dennett, “B.A.T. Industries: An Historical Note” (BAT, 1987), Bates 202032484–2513. A history of the U.S. Tobacco Co. can be found in the U.S. Tobacco Review 2 (First Quarter 1986), Bates TIWA 004069–4093; compare also Jack Jones, Cigarettes—Liverpool 5—The Story of the Liverpool Branch of British American Tobacco Company Ltd (BAT, ca. 1972). There are many handsomely illustrated histories of tobacco in Japanese, most of which are published by Japan Tobacco International.

13. For “network”: “Chronology and Development of Project Cosmic,” 1988, Bates 2023919844–9846; for “papers suitable”: David Harley to Kenneth S. Houghton, Dec. 1, 1987, Bates 2001260154–0158; for Columbus quincentenary: Harley, “Project Report,” Aug. 1990, Bates 2022884760; for article: David Harley, “The Beginnings of the Tobacco Controversy: Puritanism, James I, and the Royal Physicians,” Bulletin of the History of Medicine 67 (1993): 28–50; for paid handsomely: Philip Morris, “R&D Outside Contractor Expenditures from 1984 through 1997,” Aug. 12, 1997, Bates 2063665351–5372. John E. Sauer, Burnham’s colleague at Ohio State, was paid $10,312 in Cosmic monies to explore “why people smoke.”

14. For Musto’s $300,000: “Project Cosmic: Proposals, Contracts and Progress Reports,” Nov. 20, 1990, Bates 2023160937–0941. For Burnham on the industry’s response as “timely and appropriate”: “Cipollone v. Liggett Group, Inc.,” March 20, 1987, Bates 92497061–7064.

15. “Musto, Yale University,” Nov. 20, 1990, Bates 2022884770; Gina Kolata, “Temperance: An Old Cycle Repeats Itself,” New York Times, Jan. 1, 1991; also Sam Nelson to Jack Nelson, July 13, 1992, Bates 2023919842–9843.

16. Leon E. Rosenberg to Daniel M. Ennis, Sept. 9, 1988, Bates 2022884774.

17. Jon Wiener, “Big Tobacco and the Historians,” The Nation, March 15, 2010.

18. Colin Talley, Howard I. Kushner, and Claire E. Sterk, “Lung Cancer, Chronic Disease Epidemiology, and Medicine, 1948–1964,” Journal of the History of Medicine 59 (2004): 329–74. Allan Brandt reviewed Talley et al.’s manuscript prior to publication and was shocked to see its conclusion that the “controversy” over smoking and health prior to 1964 was “reasonable and perhaps necessary to advance the science of chronic disease epidemiology.” Concerned that the authors might have been taking tobacco money, Brandt asked the editor to request a formal disclosure, which resulted in the authors revealing that Talley and Kushner had both been consulting for Johnson, Tyler and Purvis, a Washington, D.C., law firm specializing in “recruiting and developing expert witnesses for the defense in tobacco industry lawsuits” (ibid.; personal communication).

19. Annamaria Baba et al., including Lisa Bero, “Legislating ‘Sound Science’: The Role of the Tobacco Industry,” American Journal of Public Health 95 (2005): S20–27; Wallace Ravven, “Unprecedented Industry-backed Laws Limit Public Safety, Study Shows,” Medical News Today, July 22, 2005, reporting on Baba et al.’s study. For “tool to clobber” (citing Rena Steinzor): Rick Weiss, “ ‘Data Quality’ Law Is Nemesis of Regulation,” Washington Post, Aug. 16, 2004.

20. J. Michael Jordan (outside counsel for Reynolds from Womble, Carlyle, Sandridge, & Rice) to S&H Attorneys, April 29, 1988, Bates 2583.

21. Brandt, Cigarette Century, pp. 319–99.

22. King & Spalding to Brown & Williamson, “Special Trial Issues Committee (STIC),” April 7, 1992, Bates 689103258–3437. STIC compiled an elaborate “witness inventory” with scholars assigned to particular “responsible lawyers”; see Bates 682718560–8599.

23. Allen R. Purvis to Donald F. Miles, “California Awareness Sources—‘The Grapevine,’ ” July 29, 1986, Bates 2025033473. Purvis here described PHR Associates as a “consulting group of public historians.”

24. “Manual for Historic Awareness Coding Project,” April 26, 1986, Bates 515873086–3207; compare Bates 682718560–8599. Tobacco industry attorneys in 1986 described the “key-stone” of their defense as “the endlessly detailed factual specifics of who the plaintiff is” to counter the abstract knowledge of judges and juries that smokers have been “led to their doom” by advertising and industry PR”; see the 1986 “Training Materials for Counsel in Smoking & Health Litigation,” Bates 282012884–3316.

25. Kyriakoudes, “Historians’ Testimony,” p. iv 107.

26. See my “Everyone Knew”; also Bates 2048242640 for “everybody knew, nobody knows.”

27. John Burnham, “Medical Historians and the Tobacco Industry,” Lancet 364 (2004): 838; also my response on this same page. Historians working for the industry were often told not to talk about their work; see the “Manual for Historic Awareness Coding Project,” April 26, 1986, Bates 515873086–3207.

28. Cassandra Tate was invited to work for Reynolds in the 1990s but refused, not wanting to compromise her integrity. Many other historians—probably dozens—have refused offers of work from the industry.

29. http://www.yale.edu/history/faculty/musto.html; accessed Nov. 1, 2006.

30. See again my “Everyone Knew But No One Had Proof.”

31. The American Thoracic Society implemented such a policy in 1995 for its American Journal of Respiratory and Critical Care Medicine and the American Journal of Respiratory Cell and Molecular Biology. Similar policies were subsequently established for the Journal of Health Psychology, the British Journal of Cancer, and a number of other scholarly publications. PLOS Medicine—part of the open-access Public Library of Science—in February 2010 announced that it would no longer publish articles financed by the tobacco industry.

32. See, for example, the deposition of Paul Robert Dommel for Mississippi Tobacco Litigation, March 14, 1997, Bates dommelp031497. Dommel, a political scientist, was hired to investigate and testify on the history of tobacco regulation.

33. Jeffrey E. Harris, “Expert’s Report on the State of the Art,” Aug. 1, 1985, Bates 2023082166–2250.

34. Deposition of Kenneth Ludmerer in Harvey v. Lummus, May 13, 2002, pp. 146–48. For “helped erase”: Deposition of Kenneth Ludmerer in USA v. Philip Morris, Aug. 8, 2002, Bates LudmererKo8o8o2.

35. Deposition of Kenneth Ludmerer in Cipollone v. Liggett, March 25–26, 1991, Bates LudmererK032591 and 032691. For “setting boundaries”: Trial testimony of Kenneth Ludmerer in Anderson v. American Tobacco, June 12, 2000, Bates LudmererK061200. For “out of my area”: Deposition of Kenneth Ludmerer in USA v. Philip Morris, Aug. 8, 2002, Bates LudmererK080802.

36. Janet L. Johnson to State-of-the-Art Subcommittee, “Witness Development,” July 26, 1988, Bates 2048245281–5297.

37. Ibid., pp. 2–3.

38. Ibid., p. 7.

39. Ibid.

40. Expert reports submitted by defense attorneys sometimes contain near-identical passages, suggesting the helping hand of attorneys in their drafting. An alternative explanation given by Michael E. Parrish, a persistent witness for the defense, is that “Good historians think alike.” See Theodore A. Wilson, “Affidavit,” April 19, 1997, Bates WILSONT041997ER; Michael Parrish, “Affidavit,” Dec. 5, 1996, Bates PARRISHM120596ER, pp. 2–3; and Parrish’s deposition for Barnes v. American, Sept. 30, 1997, Bates 519731625–2175, p. 40. Parrish later revised his explanation for the similarity, stating that Wilson had “obviously stolen” from his report; see his cross-examination by David Golub in Izzarelli v. Reynolds, May 11, 2010, pp. 1894–98.

41. “Daily Clip Report,” Bates 20000717.

42. We can also ask, what is the impact on public health of legal verdicts against the cigarette industry? Americans smoke about 340 billion cigarettes per year, for which they pay about $80 billion. A $1 million verdict against the industry, if passed on to consumers in the form of higher prices, would mean an increase in the total paid for cigarettes (in the United States) from $80 billion to $80.001 billion—or one part in 80,000. So a $1 million verdict would cause consumption to fall by (340 billion cigs. × .4) / 80,000 = about 2 million cigarettes. One person dies for every million cigarettes smoked—which means that a million-dollar verdict against the industry will prevent two people from dying of smoking. Litigating against the industry can and does save lives, functioning as a kind of (inefficient) tax. Modest increases in taxes of course are far more effective: a tax sufficient to force an increase in the price of cigarettes by 10 percent, for example, would cause a reduction in the number of cigarettes smoked by 4 percent, which would be .04 × 340 billion = 14 billion cigarettes per year. A tax of this (modest) magnitude would save 14,000 lives per year.

43. “The Cigarette Consumer” (Philip Morris), March 20, 1984, Bates 2500002189–2207.

44. The U.S. case is dramatic, but historians from all over the world have worked for the industry. In Australia, Geoffrey Hawker of Macquarie University in 1994 drafted a report for the Tobacco Institute of Australia, claiming that addiction and other health harms from smoking have long been “popular knowledge”; see Geoffrey Hawker, “An Historical Analysis of the Tobacco Growing and Manufacturing Industries,” May 1994, Bates 2504203370–3397. In Finland Professor Pertti Haapala has testified for the defense in cigarette litigation, following this same “common knowledge” script; see Heikki T. Hiilamo, “The Impact of Strategic Funding by the Tobacco Industry of Medical Expert Witnesses Appearing for the Defence in the Aho Finnish Product Liability Case,” Addiction 102 (2007): 979–88. Canadian historians have also joined this parade: Jacques Lacoursière of Quebec, David H. Flaherty of the University of Western Ontario, and Robert John Perrins of Acadia University in Nova Scotia have all worked for the defense in tobacco litigation, e.g., Létourneau v. Imperial Tobacco and Conseil québécois sur le tabac et la santé v. JTI-Macdonald. Judith Fyfe, a New Zealand historian, was paid for more than twenty thousand hours of work for the defense in Janice Pou v. British American Tobacco, convincing the court that the health risks of smoking were “common knowledge” in 1968 when the plaintiff began smoking. See Kate Tokeley, “Case Note: Pou v. British American Tobacco (NZ) Ltd—A Comprehensive Win for the New Zealand Tobacco Industry,” Waikato Law Review 14 (2006): 136–44.

PART IV

1. Chip Jones, “Philip Morris Finds Culprit,” Richmond Times-Dispatch, June 21, 1995, Bates 2054406322–6223.

2. Caitlin Francke, “$2 million Award in Smoking Lawsuit,” Baltimore Sun, April 30, 1999.

3. David Tijernina sued Philip Morris et al. (including Hoechst Celanese), claiming that cellulose acetate fibers were lodging in the bodily tissues of smokers; see J. L. Pauly et al., “Cigarettes with Defective Filters Marketed for 40 Years: What Philip Morris Never Told Smokers,” Tobacco Control 11 (2002): 151–61. D. G. Felton and J. A. Sykes, “A Study of the Sand and Iron Balance during Cigarette Manufacture,” March 13, 1958, Bates 654035770–5800.

4. Illeg. to QA Team, Feb. 21, 1998, Bates 524268171–8172.

5. John S. McBride to Reynolds, June 21, 1998, Bates 524268198–8200.

6. Patricia West to Reynolds, July 24, 1998, Bates 524268218–8219.

7. For “bug spray”: Ray Campbell to Reynolds, June 20, 1998, Bates 524268185–8186; “blinding headache”: Debbie Phillips to Reynolds, June 30, 1998, Bates 524268189–8190; worms: Lori Murch to Forsyth Tobacco Products, July 18, 1998, Bates 524268226–8227; smoking while driving: Donald E. Crawford to Quality Assurance, July 28, 1998, Bates 524268246–8248; stick inside cigarette: Tina Rendeiro to Camel, July 19, 1998, Bates 524268235–8238; “Fire Falls Out”: “Case Comments,” Jan. 26, 1996, Bates 519102721–2760.

8. “Domestic & T.I. Complaints, March 1995” (Reynolds), Bates 513052274–2316.

9. Ginger Coe to Marshall Hughes, Dec. 2, 1999, Bates 522749727–9728.

10. P. H. Leake to C. C. Kern, “Consumer Complaints by Type for Filter Cigarettes,” Feb. 24, 1984, Bates 965044915–4917; A. F. Press to P. H. Leake, “Wormy Complaints,” Feb. 14, 1989, Bates 967015635–5636.

CHAPTER 25

1. In 1972 Brown & Williamson researchers found certain “volatile components in the solvents used to seal cellophane” being transferred to the cigarettes; see T. D. Bakker, “Woodrose Final Report: Viceroy 84 Cellophane Solvent Test,” Sept. 20, 1972, Bates 670610337–0340.

2. A solid exception is Clive Bates, Martin Jarvis, and Gregory Connolly, “Tobacco Additives: Cigarette Engineering and Nicotine Addiction,” July 14, 1999, http://old.ash.org.uk/html/regulation/html/additives.html.

3. For a list of additives prepared for litigation, see Brown & Williamson’s “Pesticides and Potentially Hazardous Additives,” April 1996, Bates 1327.01. For “most potent”: Peter Waltz to Helmut Wakeham, Sept. 25, 1963, Bates 1000825946–5951.

4. F. Roth, “Chronic Arsenicism and Cancers among Vineyard Workers in the Moselle Valley,” Zeitschrift für Krebsforschung 61 (1956): 287–319.

5. Henry Ford, The Case against the Little White Slaver (Detroit: H. Ford, 1916), pp. 18–19. For Lorillard: “Arsenic in Plain Havana Blossom,” May 7, 1932, Bates 04358853–8858. R. E. Remington was one of the first to draw attention to the presence of arsenic in tobacco (up to 30 ppm in pipe and chewing tobacco); see his “A Hitherto Unsuspected Source of Arsenic in Human Environment,” Journal of the American Chemical Society 49 (1927): 1410–15; compare C. R. Gross and O. A. Nelson, “Arsenic in Tobacco Smoke,” American Journal of Public Health 24 (1934): 36–42.

6. “Lead and Arsenic Poisoning from Tobacco,” Consumers Research Bulletin, Feb. 1936, pp. 4–5, Bates 80690949–0951; “Lead Foil Use Banned on Cigarette Packs,” April 7, 1942, Bates 950229584.

7. J. H. Weber, “Arsenic in Cigarettes,” Oct. 9, 1956, Bates HK0551017–1020. William E. Smith of NYU entertained the arsenic idea; Smith spoke with American Tobacco President Paul Hahn about this in the spring of 1950, and Hanmer sent Smith some of his data, which indicated .19 mg of arsenic in the mainstream smoke per hundred cigarettes. Hanmer justified this by noting that the Federal Security Agency in 1940 had raised its permissible levels of arsenic in food to 1.625 mg/pound. Assuming .19 mg/100 cigarettes you would have to smoke 850 cigarettes to inhale the same quantity of arsenic allowed in a pound of food. Hanmer produced this bizarre justification in a letter to Smith of June 2, 1950, Bates MNAT00587093–7094.

8. For an overview from the tobacco man’s point of view, see Davis and Nielsen’s Tobacco, pp. 183–264; compare also Patricia A. McDaniel, Gina Solomon, and Ruth E. Malone, “The Tobacco Industry and Pesticide Regulations,” Environmental Health Perspectives 113 (2005): 1659–65.

9. Davis and Nielsen, Tobacco, p. 241.

10. Philip Morris Europe, “Quarterly Report,” Oct.–Dec. 1987, Bates 2021606791–7000, p. 39•

11. S. R. Evelyn (BAT), “The Transfer and Pyrolysis of Maleic Hydrazide,” Dec. 10, 1965, Bates 105417095–7131.

12. U.S. General Accounting Office, Pesticides on Tobacco: Federal Activities to Assess Risks and Monitor Residues (Washington, DC: U.S. GAO, 2003); Rachel Carson, Silent Spring (Boston: Houghton Mifflin, 1962), pp. 58–59.

13. See “Kabat Tobacco Protector: International Status Report,” April 26, 1991, Bates 2024113486–3488.

14. George Lindahl to Bob McCuen, April 8, 1992, Bates 2024113495–3497, which contains a proposal that the tobacco companies “lobby Brussels to exclude tobacco from the requirement for MRL’s [Maximum Residue Levels].”

15. A BAT “Glossary of Code Names and Trade Names” from 1955, listing also suppliers and prices, can be found at Bates 104508972–9067; recipes from 1944 can be found at Bates 102640297–0494; and other code translations can be found at Bates 100666548–6640 and 104682812–3252. Bates 100645335–5357 gives first known date of use for many BAT ingredients.

16. For bitter: “Chemical and Sensory Aspects of Tobacco Flavor,” Bates 523400800–0850, pp. 170–71. For fecal: Bates 507054616–4620 and 2505475760.

17. D. M. Frank and T. F. Riehl, “Cigarettes with Recognizable Flavors: A Review,” May 10, 1972, Bates 621618728–8737.

18. M. D. Rosenberg to T. S. Osdene, July 27, 1978, Bates 1000761824.

19. “Flavoring Roundup: A Pinch of This, a Touch of That,” Tobacco Reporter, Sept. 1979, Bates TIMN0221652–1656.

20. K. N. Walker (Brown & Williamson), “Analysis of the Top Flavorings on Kent Deluxe 100’s,” July 26, 1990, Bates 583209556–9560.

21. “Additive Code Analogues,” n.d., Bates 1326.01.

22. Brown & Williamson, “Pesticides and Potentially Hazardous Additives.”

23. Marvin K. Cook (MacAndrews & Forbes), “The Use of Licorice and Other Flavoring Material in Tobacco,” April 10, 1975, Bates 4480111–0124.

24. Covington & Burling, “Sorted by Ingredient,” Feb. 24, 1992, Bates 566602856–2891.

25. For Reynolds: E. H. Harwood, “Tonka Beans—Coumarin,” Oct. 13, 1930, Bates 502322068. For Georgia swamps: Jim Mintz, “Low Tar, High Risk,” Mother Jones, Feb.–March 1983, pp. 54–56, Bates 4429831–9833; also Ken Cummins, “Additive Adds Mystery to Risk of Smoking,” (Jacksonville, FL) Times Union, Jan. 12, 1983, Bates 4436328–6334; and Bates 4644242–4269. For Now and Carlton: Alan F. Rodgman to Sam B. Witt, “Coumarin,” Sept. 29, 1981, Bates 500540923–0926.

26. For preemptive research: George Cooper to Hugo Cunliffe-Owen, April 29, 1935, Bates 680144480. For Yale: Batten, Barton, Durstine and Osborn (for Brown & Williamson), “Notes from the Haggard-Henderson Report,” May 23, 1935, Bates 680144479.

27. For “mildly carcinogenic” and “direct allegation”: BAT, “Additives Guidance Panel,” Jan. 25, 1967, Bates 500012793–2796.

28. For “good starter products”: D. V. Cantrell to I. D. Macdonald, Feb. 17, 1987, Bates 621079918–9921. For “poison go down easier”: Phillip Gardiner and Pamela I. Clark, “Menthol Cigarettes: Moving toward a Broader Definition of Harm,” Nicotine and Tobacco Research 12 (2010): S85–S93.

29. For Robinson: Stephanie Saul, “Black Group Turns Away from Bill on Smoking,” New York Times, May 30, 2008.

30. Tobacco Products Scientific Advisory Committee, FDA, Menthol Cigarettes and Public Health, March 23, 2011, http://www.fda.gov/downloads/AdvisoryCommittees/Committees
MeetingMaterials/TobaccoProductsScientific
AdvisoryCommittee/UCM247689.pdf
.

31. Brown & Williamson, “Justification and Framework of an R&D Program,” May 14, 1985, Bates 512001187–1197.

32. John A. Brown of Thiele-Engdahl on Feb. 13, 1987, wrote to Mike Collins of Ecusta: “Our suppliers certify, all of the talcs used in our products, are free of detectable amounts of asbestos or other fibrous asbestiform minerals” (Bates 506522602, from Reynolds’s files).

33. G. A. Reid, “BTC Status Review Notes,” July 28, 1993, Bates 400448808–8826.

34. Jerry E. Bishop, “Safer Smokes? Researchers Step up Broad Drive to Develop Less Harmful Cigarets: Cabbage Cigarets Still Smell,” Wall Street Journal, March, 9, 1964, Bates 01194377, reporting on the work of Fred G. Bock and his colleagues.

35. For cocoa cigars: D. A. Cuenot, “Les succédanés du Tabac,” Journal d’Agriculture tropicale 14 (1967): 191–252, translated as “The Substitutes for Tobacco,” Bates 502525374–5447. For Cytrel: P. N. Gauvin to F. E. Resnik, “Status of Project Abstract,” Aug. 16, 1971, Bates 10007 19190; also Philip Morris’s “Reference Book on Nontobacco Smoking Materials,” March 21, 1975, Bates 1003057028–7061. For a list of dozens of tobacco substitutes, organic and inorganic, along with a chronology of reconstituted tobacco, see M. A. Manzelli to P. A. Eichorn, “Identification of Reconstituted Tobacco,” March 9, 1971, Bates 1000017833–7847.

36. Taylor, Smoke Ring, pp. 95–96.

37. Sydney J. Green, “C.A.C. II—Salamander: S & H Item 1. Developments in Scientific Field 1976/77,” April 18, 1977, Bates 110069825–9829; compare W. King, R. Borland, and M. Christie, “Way-out Developments at BATCO,” Tobacco Control 12 (2003): 107–8.

38. For YOMARON: BAT, “This seems to ‘clear’ Yomaron,” 1960, Bates 100197794. For “more desirable additives”: BAT, “Additives Guidance Panel,” Jan. 25, 1967, Bates 500012793–2796.

39. BAT, “Additives Guidance Panel,” Jan. 25, 1967, Bates 500012793–2796, p. 3.

40. “We used only additives that were approved by the FDA as food additives” (Murray Senkus, deposition in Richardson v. Philip Morris, Oct. 12–13, 1998, Bates 519199093–9773).

CHAPTER 26

1. The best history of radioactivity in cigarette smoke is Brianna Rego, “The Polonium Brief: A History of Cancer, Radiation, and the Tobacco Industry,” Isis 101 (2009): 453–84.

2. D. K. Mulvany, “Lung Cancer and Smoking,” Lancet 2 (1953): 205–6; also his “Radioactivity of Tobacco and Lung Cancer,” Lancet 1 (1954): 980; Richard Doll, “Etiology of Lung Cancer,” in Advances in Cancer Research, vol. 3, ed. J. P. Greenstein and A. Haddow (New York: Academic, 1955), p. 26. V. C. Runeckles’s letter appeared in Nature 191 (1961): 322; compare his more detailed report for Imperial Tobacco: “Natural Radioactivity in Tobacco and Tobacco Smoke,” Nov. 21, 1960, Bates 402402263–2277; also F. W. Spiers and R. D. Passey, “Radioactivity of Tobacco and Lung Cancer,” Lancet 2 (1953): 1259–60. For “Physical Properties”: Tobacco Manufacturers’ Standing Committee, “Library Classification and Subject Index,” Dec. 1959, Bates 105386404–6480, p. 27. For lighter flints: Robert B. Rice to Reynolds, Jan. 11, 1959, Bates 502393229–3230; W.T. Hoyt to Robert B. Rice, Jan. 16, 1959, Bates 502393226.

3. Edward P. Radford and Vilma R. Hunt, “Polonium 210: A Volatile Radioelement in Cigarettes,” Science 143 (1964): 247–49.

4. “Polonium Threat a ‘Scare Tactic,’ According to Tobacco Industry” (Tucson) Star, Aug. 22, 1982; compare “Cancer Link Is Probed in ‘Radioactive’ Smoke” (Lexington, KY) Herald, April 11, 1975. Tobacco makers compiled bibliographies on polonium; see the 976-page “Personal Copy of Dr. Alan Rodgman,” ca. 1974, Bates 510992591–3561 at 3335.

5. See, for example, Freddy Homburger to H. B. Parmele (for Lorillard), April 6, 1964, Bates 80004655–4656; Rego, “Polonium Brief,” pp. 459–60.

6. T. C. Tso, Naomi Harley, and L. T. Alexander, “Source of Lead-210 and Polonium-210 in Tobacco,” Science 153 (1966): 880–82; T. C. Tso, N. A. Hallden, and L. T. Alexander, “Radium-226 and Polonium-210 in Leaf Tobacco and Tobacco Soil,” Science 146 (1964): 1043–45; L. P. Gregory, “Polonium-210 in Leaf Tobacco from Four Countries,” Science 150 (1965): 74–76.

7. J. Marmorstein, “Lung Cancer: Is the Increasing Incidence Due to Radioactive Polonium in Cigarettes?” Southern Medical Journal 79 (1986): 145–50.

8. G. Segura to A. Bavley, “Polonium in Tobacco and Smoke,” Oct. 27, 1964, Bates 1001896688–6689.

9. Robert C. Hockett to CTR committee, Aug. 29, 1967, Bates BBAT021859–1862.

10. Edward Martell, “Radioactivity of Tobacco Trichomes and Insoluble Cigarette Smoke Particles,” Nature 249 (1974): 215–17.

11. For washing: R. W. Jenkins (Philip Morris), “Nuclear and Radiochemistry of Smoke,” June 7, 1977, Bates 1001925327–5328. For “Three Mile Marlboro”: J. L. Charles to R. B. Seligman, Nov. 14, 1980, Bates 1000016574–6576. Mother Jones used this “Three Mile Marlboro” expression in a December 1980 exposé of radioactivity in smoke.

12. R. D. Carpenter to H. Wakeham and R. B. Seligman, “Polonium in Tobacco,” Dec. 16, 1965, Bates 1001881339.

13. T. S. Osdene to R. B. Seligman, “Quarterly Report—Research,” Sept. 26, 1980, Bates 1000085865–5867.

14. Charles W. Nystrom to Alan Rodgman, “Comments on the Stauffer Patent,” March 5, 1982, Bates 504970288. For “proper disposal”: R. W. Jenkins to Tom Goodale, March 15, 1985, Bates 2012615307–5308. For “appeared and disappeared”: Alan Rodgman to Roy E. Morse, “Stauffer Patent,” March 8, 1982, Bates 501522602.

15. Arthur J. Flynn, “Senior Field Manager’s Report,” Feb. 1982, Bates 670915637.

16. Miriam G. Adams to Alan Rodgman, “Consumer Inquiry,” April 4, 1985, Bates 504974165–4167.

17. Paul A. Eichorn to Robert B. Seligman, June 2, 1978, Bates 1003725613; Rego, “Polonium Brief,” p. 476. The suppressed paper in question, by Robert W. Jenkins et al., titled “Naturally Occurring 222Radon Daughters in Tobacco and Smoke Condensate,” can be found at Bates 1003725619–5644.

18. Monique E. Muggli, Jon O. Ebbert, Channing Robertson, and Richard D. Hurt, “Waking a Sleeping Giant: The Tobacco Industry’s Response to the Polonium-210 Issue,” American Journal of Public Health 98 (2008): 1–8; and for my opinion piece: “Puffing on Polonium,” New York Times, Dec. 1, 2006.

CHAPTER 27

1. See “Cigarette Butts Toxic to Marine Life,” May 1, 2009, http://newscenter.sdsu.edu/sdsu_newscenter/news.aspx?s = 71209.

2. “Sydney to Butt out Smoking Litterbugs,” RJRI News Report, June 10, 1996, Bates 531456669–6681.

3. Kelly D. Brownell and Thomas R. Frieden, “Ounces of Prevention—The Public Policy Case for Taxes on Sugared Beverages,” New England Journal of Medicine 360 (2009): 1805–8.

4. Novotny et al., “Cigarettes Butts and the Case for an Environmental Policy.”

5. W. M. Abbitt, a U.S. congressman from Virginia, cited this passage in his statement presented to the congressional Hearings on Cigarette Labeling and Advertising, April 15, 1969, Bates TI19842450–0288, p. 61. The original is from an article by Frank B. Snodgrass in the United States Tobacco Journal, Dec. 26, 1968.

6. Two of the plagiarists were U.S. congressmen from North Carolina: Walter B. Jones (“Tobacco’s Positive Contributions,” Tarheel Wheels, Aug. 1970, Bates TI08881881) and Wilmer D. Mizell (Statement to the House Committee on Interstate and Foreign Commerce, April 15, 1969, Bates TI19842450–0288, p. 43). Very similar passages appear in a statement presented by Fred S. Royster before this same House Committee (TI19842450–0288, p. 657) and in a speech by Tobacco Institute Vice President Edward F. Ragland from January 13, 1970 (Bates TIMN0122731–2742). The facts in question also appear in Hill & Knowlton’s “Some Facts about Tobacco,” Dec. 1968, Bates 1005038509–8512.

7. These numbers are derived from data from the Bureau of Economic Standards and the EIOLCA website: http://www.eiolca.net/cgi-bin/dft/use.pl, with thanks to Christopher Weber.

8. Jeanette W. Chung and David O. Meltzer, “Estimate of the Carbon Footprint of the US Health Care Sector,” JAMA 302 (2009): 1970–72.

9. Helmut J. Geist, “Global Assessment of Deforestation Related to Tobacco Farming,” Tobacco Control 8 (1999): 18–28.

10. For 5.3 million hectares: Michele Barry, “The Influence of the U.S. Tobacco Industry on the Health, Economy and Environment of Developing Countries,” New England Journal of Medicine 324 (1991): 917–20. For the Ilyushin-18: Sunday Telegraph, Feb. 27, 1983.

11. John R. Hall, Fire in the U.S. and Canada (Quincy, MA: National Fire Protection Association, 2005), http://www.nfpa.org/assets/files/PDF/osuscanada.pdf.

CHAPTER 28

1. Yeaman, “Implications of Battelle Hippo,” p. 4.

2. For “appropriate levels” (referencing Gio Gori), see Murray Senkus to J. F. Hind, “Update on the Smoking and Health Issue and Smoking Satisfaction,” Nov. 17, 1977, Bates 5018 77091–7108. For representations in court, see the opening statement of Stephanie Parker, Esq., in Sherman v. Reynolds, April 22, 2009, plus the occasional testimony of David Townsend, James Figlar, or Peter Lipowitz.

3. “A Report on Little Cigars,” Consumer Reports, Oct. 1959, p. 512, Bates 03357555–7560.

4. Jones Day, “Corporate Activity Project,” pp. 218–22. Reynolds had also experimented with a palladium cigarette, with the metal incorporated into the filter rather than the tobacco. Page 244 of this document reveals, “We know (although plaintiffs do not at this point) of Reynolds’ aborted work with a palladium cigarette of its own.” Kluger has a good account of Liggett’s palladium misadventure in his Ashes to Ashes, pp. 455–61.

5. Carter’s remarks were made at the Wilson tobacco market in North Carolina on Aug. 4, 1978; see “MacNeil/Lehrer Report,” Aug. 17, 1978, Bates 511287193. For 200,000 ounces: J. Bowen Ross to Jack Africk, “Brief Summary of Project XA,” Jan. 16, 1979, Bates 528810268–0271. For Mold and legal fears: Jones Day, “Corporate Activity Project,” pp. 30–31, 232. A history of Liggett’s effort to identify and eliminate carcinogens from tobacco smoke can be found in J. H. Greer to Charles J. Kensler, Jan. 9, 1979, Bates LG0147750–7757.

6. James D. Mold was the first former industry scientist to testify on behalf of plaintiffs in tobacco litigation. His testimony is refreshingly honest, admitting, for example, that Wynder’s skin-painting studies “more or less confirmed the epidemiologic studies . . . studies that had already taken place in humans, if you will, with the conventional cigarettes.” Mold had concluded that cigarettes were causing cancer prior even to the 1964 Surgeon General’s report but also expressed his view that corporate management “didn’t want to believe this, professed not to believe it”; see Jones Day, “Corporate Activity Project,” pp. 232–47; and for “clobber,” see Mold’s deposition testimony for Cipollone v. Liggett, Jan. 11, 1988, Bates MOLDJ011188, p. 83.

7. “Liggett Responds to Press Report on New Tobacco Research,” LiggettGram, Sept. 26, 1978, Bates LG0165916. This press release was widely reported; see Bates LG0165917–5923 and LG0203357. For “first cigarette maker” and “wrong substance”: Jones Day, “Corporate Activity Project,” pp. 238–39.

8. The query was from Marc Edell, cross-examining Liggett President K. V. Dey for Cipollone (1988), Bates 968272665–2792, p. 2301; compare Jones Day, “Corporate Activity Project,” p. 242.

9. R. D. Latshaw (Philip Morris) to file, “Merrell Dow Pharmaceutical Meeting,” July 21, 1982, Bates 2023799798; T. S. Osdene (Philip Morris) to W. W. McDowell, “Merrell Dow Smoking Cessation Newsletter,” Jan. 4, 1982, Bates 2021539712.

10. R. D. Latshaw to A. J. Kay, “Suspension of Dow Purchases,” May 7, 1984, Bates 20237 99799–9800; R. D. Latshaw, “Dow-Nicorette Meeting,” Oct. 25, 1984, Bates 2023799801–9802.

11. R. D. Latshaw to A. J. Kay, “Dow-Nicorette Situation,” Sept. 6, 1985, Bates 20237 99796–9797; R. D. Latshaw to File, “January 18 Conference Call,” Jan. 22, 1985, Bates 20237 99803.

12. Frank Cotignola (Philip Morris) to Distribution, “Nicotine Patch Industry Volume Analysis,” April 27, 1992, Bates 2040573092–3093; Richard Barth (CIBA-Geigy), “Groundrules,” Feb. 24, 1992, Bates 2056525521; L. Sykes to Distribution, March 13, 1992, Bates 2056 525519.

13. “Cigarettes,” Consumer Reports, Jan. 1960, pp. 15–18, Bates 03357518–7525; Bhavna Shamasunder and Lisa Bero, “Financial Ties and Conflicts of Interest between Pharmaceutical and Tobacco Companies,” JAMA 288 (2002): 738–44.

14. Furniture makers actually petitioned the CPSC to require cigarette makers to make fire-safe cigarettes prior to forcing furniture makers to make fire-safe upholstery. The CPSC refused, claiming lack of jurisdiction.

15. Sekap in Greece in 1997 introduced a cigarette with a hemoglobin “Biofilter” that “can be regarded as an artificial lung”; see Chris Glass, “A ‘SAFER’ Cigarette? Controversial Filter Appears on Cigarettes in Greece,” Tobacco Reporter, Feb. 1998, Bates 522877797–7801.

16. Direct Testimony of David E. Townsend for Karbiwnyk v. Reynolds, Oct. 21, 1997, Bates 518834338–4355, pp. 2914–21, 2943. Townsend here claimed that the scientific community “doesn’t walk in long steps, it never does,” meaning that interests shift and researchers move on to new topics. This is perhaps more typical of science in a corrupted, lawyerly, context. Genuine science does in fact walk in long steps; there is an effort to integrate small work with deeper traditions and the larger edifice of scientific truth-making. The industry’s scientists, by contrast, were very much traveling firemen, putting out local fires and only rarely building up long-standing evidentiary traditions, especially when it came to smoking and health. Professional skeptics and corruptionists, one might say.

17. For “very elegant”: “Scientific Affairs,” May 1985, Bates 506890621–0653. For “very industrial”: Mike Dixon (BAT) to Graham Read, “Flavour Profiling—Eclipse v. Premier,” June 6, 1996, Bates 623800148–0155. For “grave”: Bates 2060533075–3076.

18. For crack pipe: E. Cone and J. Henningfield, “Premier ‘Smokeless Cigarettes’ Can Be Used to Deliver Crack,” JAMA 261 (1989): 41. For “spoon”: Reynolds, “Possible ‘Must Airs’ on Crack Issues,” Dec. 15, 1988, Bates 515788076–8078, with thanks to William White for alerting me to this document. For “efficient system”: Mario Perez-Reyes to Sam Simmons, Jan. 31, 1989, Bates 511477676–7677. For crack “puffing” baboons: Perez-Reyes to Simmons, March 2, 1989, Bates 511477538–7539. For baboon compensation: Walter R. Rogers, “First Draft Report on Pilot Experiment on Crack Puffing by Baboons via Premier,” Feb. 9, 1989, Bates 515787997–8001.

19. W. L. Dunn, “On the Smoking Baboons in Texas,” April 15, 1976, Bates 1005127701–7704.

20. For “will be painful”: Frank J. Ryan to W. L. Dunn, “Proposed Research Project: Smoking and Anxiety,” Dec. 23, 1969, Bates 1003287893–7897; compare Frank Ryan, “Shock I, II, III, and IV,” and “Shock V,” in “Consumer Psychology,” Oct. 16, 1971, and Feb. 15, 1972, Bates 1003288445 and 1003288443. For “fear of shock”: W. L. Dunn to P. A. Eichorn, “Quarterly Report—Projects 1600 and 2102,” Oct. 5, 1972, Bates 2046516231–6233. Ryan by September 1971 was using “a loud noise in place of [electric] shock as a threat to students” given the “increasing difficulty” of finding human subjects (Bates 2022147792–7794). Compare also Patricia A. McDaniel, Gina Solomon, and Ruth E. Malone, “The Ethics of Industry Experimentation Using Employees: The Case of Taste-Testing Pesticide-Treated Tobacco,” American Journal of Public Health 96 (2007): 37–46.

21. Arnold M. Katz to Frank E. Young, Nov. 1, 1988, Bates 506920864.

22. “Project Advance,” 1984, Bates 2020045324–5325; “Alternative Smoking Devices and New Products,” n.d., Bates 2079071197–1211; Gauvin to Meyer, June 1, 1984, Bates 1002801162–1163.

23. Glenn Collins, “A Cigarette Holder Burns One Puff at a Time,” New York Times, Oct. 23, 1997, Bates 138011392–1393.

24. http://revver.com/video/587560/vapir-one-vaporizer/.

25. Robert N. DuPuis, acting as Special Technical Consultant for the Consolidated Cigar Corporation, in 1973 defended cigars as “a less hazardous form of smoking than cigarettes, whose principal ingredient is flue-cured tobacco.” DuPuis went on to say that cigars were less hazardous given that (1) “The fermentation process destroys most of the sugar in the tobacco”; and (2) “The smoke from fermented cigar tobacco is neutral to alkaline, whereas the smoke from the popular American cigarettes is acidic.” Crucial for smokers of Dutch Treat cigars was that smoke from such cigars was “unpleasant to inhale” and therefore “not inhaled to the same extent as American cigarette smoke.” See his “Statement” before the Committee on Interstate and Foreign Commerce, U.S. House of Representatives, May 22, 1973, Bates 1000244835–4840.

26. For “if they get cigarettes”: Philip Morris Corporate Affairs, “Talking Points—FET Week Participants,” Aug. 1994, Bates 2048619009–9013. For rally at the Capitol: Chris Donohue to Beat FET Week Task Force, Feb. 2, 1994, Bates 2062341171–1173. For Oscar Mayer: Joan Cryan and John C. Lenzi to Robert A. Eckert (Oscar Mayer), April 8, 1994, Bates 2078845705.

27. One Philip Morris study found users of PM snus averaging only 4 nanograms per milliliter of nicotine in their blood, compared to 18 ng/ml for smokers. Users of Swedish snus, by contrast, achieved blood nicotine levels of about 15 ng/ml—more like that of smokers. See Jonathan Foulds and Helena Furberg, “Is Low-Nicotine Marlboro Snus Really Snus?” Harm Reduction Journal 5 (2008): 9.

28. The European Union banned the sale of snus in 1992, though an exception was made for Sweden when it entered the Union (in 1995) in a tilt to its long-standing use in Scandinavia. Hong Kong, Ireland, New Zealand, and Israel had all banned smokeless tobacco products by 1987, and Australia followed suit in 1991.

29. Gregory N. Connolly et al., “Unintentional Child Poisonings through Ingestion of Conventional and Novel Tobacco Products,” Pediatrics 125 (2010): 896–99; Duff Wilson, “Flavored Tobacco Pellets Are Denounced as a Lure to Young Users,” New York Times, April 19, 2010.

CHAPTER 29

1. Zeman’s claim was based on research conducted by the Czech arm of Philip Morris, which in 2000 hired Arthur D. Little to calculate the money saved for the Czech state by premature deaths from tobacco. The report concluded that the 21.5 billion koruna saved by early deaths outweighed the 15.6 billion koruna lost from medical bills, absenteeism, and lost income taxes (not paid because the smokers were dead). Zeman in a March 2001 trip to India commented that since heavy smokers die young, “it is not necessary to pay them pensions.” See Kate Swoger, “Report Says Smoking Has Benefits,” Prague Post, June 27, 2001.

2. Rene Scull, Vice President, Philip Morris Asia, “The Tobacco Industry in the Asia/ Pacific Region up to the Year 2000,” Dec. 1985, Bates 2044448375–8401, p. 22.

3. Elizabeth Davies, “Bollywood Fumes at Smoking Ban,” Independent, June 2, 2005. For the WHO report, see http://www.youtube.com/watch?v = sirFQflOnhA. For the older history of tobacco in India, see Cox, Global Cigarette, pp. 202–37.

4. K. Srinath Reddy and Prakash C. Gupta, eds., Report on Tobacco Control in India (New Delhi: Ministry of Health, 2004), http://www.mohfw.nic.in/Tobacco$$$$$20control$$$$$20in$$$$$20India_(10$$$$$20Dec$$$$$2004)_PDF.pdf.

5. Jha et al., with Peto, “A Nationally Representative Case-Control Study of Smoking and Death in India.”

6. Riyadi Suparno, “RMI Expands into Tobacco Industry,” Jakarta Post, Dec. 15, 2009.

7. http://www.gallup.com/poll/28432/smoking-rates-around-world-how-americans-compare.aspx; Omar Shafey, Michael Eriksen, Hana Ross, and Judith Mackay, Tobacco Atlas, 3d ed. (Atlanta: ACS, 2009).

8. Britain’s Tobacco Manufacturers Association (TMA) has undergone several name changes since its establishment as the Tobacco Manufacturers Standing Committee in 1956: the name was changed to Tobacco Research Council in 1963 and then to Tobacco Advisory Council in 1978. The present name was adopted in 1994.

9. For “unanimous agreement”: Philip Morris, “Smoking: Social Unacceptability Issue,” June 1976, Bates 2025025481–5494. For “open to debate”: W.D. & H.O. Wills (Australia), “A Review of and Recommendations on Passive Smoking and Social Acceptability of Smoking,” July 1976, Bates 2025025461–5480.

10. For “unite with common targets”: “ICOSI: International Committee on Smoking Issues,” April 1979, Bates 1003717317–7330. For “legal position”: Peter M. Wilson (Gallaher) to Principal Board Members of INFOTAB and CECCM, “Legal Clearance of Documents,” Jan. 14, 1991, Bates 2023237649–7650; also Kessler’s “Amended Final Opinion,” pp. 172–209.

11. For “domino effect”: R. A. Garrett to Hugh Cullman, Dec. 3, 1976, Bates 2025025290–5291; Hugh Cullman to Files, Dec. 3, 1976, Bates 2025025286; also Bates 2025025347–5348 and 2025025347–5348. For speaking “with one voice”: “Position Paper,” April 28, 1977, Bates 2501024572–4575. For “Smoker Reassurance”: “Operation Berkshire,” April 15, 1977, Bates 2501024570. Much of this collaboration was first exposed by Neil Francey and Simon Chapman in “ ‘Operation Berkshire’: The International Tobacco Companies’ Conspiracy,” British Medical Journal 321 (2000): 371–74.

12. For “discreetly”: “Working Party on the Social Acceptability of Smoking Issue,” late June 1977, Bates 2025025295–5300. For “defensive research”: BATCo’s files from a March 1978 meeting in Australia, Bates 321588692–8692. For “considerable ability to delay”: W.D. & H.O. Wills, “Review of and Recommendations on Passive Smoking.” And for background: Patricia A. McDaniel, Gina Intinarelli, and Ruth E. Malone, “Tobacco Industry Issues Management Organizations: Creating a Global Corporate Network to Undermine Public Health,” Global Health 4 (2008): 2.

13. For “Resist and roll back”: “Proposal for the Organisation of the Whitecoat Project,” Feb. 22, 1988, Bates 2501474262–4265. For the Latin Project: Ernesto M. Sebrie et al., “Tobacco Industry Dominating National Tobacco Policy Making in Argentina, 1966–2005,” Center for Tobacco Control Research and Education, http://repositories.cdlib.org/cgi/viewcontent.cgi?article = 1051&context = ctcre.

14. Brandt, Cigarette Century, pp. 458–68. William Ecenbarger describes how Senator Jesse Helms in the mid-1980s used the Office of the U.S. Trade Representative to open up Asian tobacco markets; see his “America’s New Merchants of Death,” Readers Digest, April 1993, pp. 50–57.

15. Speech by Judith McKay, 1987, Bates 980170160–0167.

CHAPTER 30

1. Joanna E. Cohen et al., “Political Ideology and Tobacco Control,” Tobacco Control 9 (2000): 263–67.

2. Geoffrey Fong et al., “The Near-Universal Experience of Regret among Smokers in Four Countries,” Nicotine and Tobacco Research 6 (2004): S341–51.

3. A 2010 Google search of “laws prohibiting” turned up, in order (eliminating duplicates), prohibitions of the following: on-the-job discrimination, sexual abuse, tobacco sales to minors, phone use while driving, discrimination against people with disabilities, smoking in stand-alone bars, firearms, Internet purchase of California wines, false medical claims, smoking in private worksites, sex discrimination, criticism of agricultural products, piranhas, discrimination based on criminal conviction, discrimination against gays, racial discrimination, driving while stoned, marriage based on genetics, sale of alcohol to minors, assisted suicide, and so forth.

4. R. Rosell et al., “The Eel Fishery in Lough Neagh, Northern Ireland—An Example of Sustainable Management?” Fisheries Management and Ecology 12 (2005): 377–85.