![]() |
|
|
|
Briefing Paper No. 3 (February 1999)
Frank
G. Colby was R.J. Reynolds Tobacco Company’s manager/director of scientific
information (1951- 1979), and associate director of scientific issues -- industry jargon for smoking and health --
(1979-1983).1 His position description with RJR states
required as his first responsibility to “Efficiently provide the
technical expertise necessary for the Company to combat anti-tobacco claims,”2 and so his “scientific” orientation was all
in one direction. Colby seems to have
been the first to set out the tobacco industry
strategy for finding just the right sort of consultants to defend the
industry on scientific grounds. In 1974
he proposed a rating system for scientists based on their writings: RATING
DEFINITIONS: 1 = Means the author...is more or less unequivocally on our
side. 2 = Means that preponderance is
given to etiological factors other than smoking but that cigarettes smoking is
mentioned as one among many other etiological factors. In some cases it may mean that the author is
on our side for one group of diseases such as, for example, cardiovascular
diseases, even though he may be against us in other areas such as, for example,
respiratory cancers. 3 = Means that the
author is more or less against us -- i.e., he considers smoking the or a major
etiological factor, but that there are other factors which more or less
mitigate this correlation. Colby then reviewed
the writings of numerous Belgian and Dutch authors and refined his ratings from
a plus-1 (“all favorable”) to a minus- 3 (“foaming at the mouth”). Most authors ended up as plus-3 (“on the
fence”). “There is hardly a single author
where I can make a no-reservation recommendation for a useful contact, but there
are several potentials which are described in alphabetical order by country."3 In 1979 Colby proposed a more indirect
method of recruitment. In trying to neutralize an anti-smoking trend
in Brazil because of concern about health he suggested that: RJR-Brazil personnel [should] try to
find among their personal acquaintances, one or more Brazilian physicians who
had an open mind on the smoking and health controversy. This (or these)
physician (s) in turn would try to find one or more Brazilian medical
University professors who had a similar attitude. Other things being equal, it would
be desirable to select the most prominent of those professors.4 Colby would then speak to these professors and turn
them to the industry position. In 1982,
Colby urged the industry to make their own connections to the Brazilian medical
establishment, and perhaps then fund some of the physicians to do research, “at
least on a modest scale."5 In a
follow up letter to Carlos Jardim of RJR Tabacos do Brasil, Ltd. Colby
presented a list of twenty Brazilian authors and what they had been working on
(using NIH databases), suggesting which ones might be suitable to
approach. In one case, a Dr. A.P.M____
“seems to have a very strong anti-smoking position and should, in my judgment,
not be approached unless there is a good ‘pipeline’ to him, so that one might
try to convince him that his current stance is quite unreasonable."6 In 1988 Herman Gaisch of Philip Morris
and David Remes of the law firm Covington Burling gave full details of how to
recruit and turn scientists to industry use in a remarkable presentation to
their colleagues from Rothmans, Imperial, Gallaher and British American
Tobacco. Sharon Boyse of BAT authored
the meeting memo: Philip Morris presented to the UK industry
their global strategy on environmental tobacco smoke. In every major international area (USA, Europe, Australia, Far
East, South America, Central America & Spain) they are proposing, in key
countries, to set up a team of scientists organized by one national
coordinating scientist and American lawyers, to review scientific literature or
carry out work on ETS to keep the controversy alive. [NB. “Keep the
controversy alive” is industry jargon for casting doubt on any evidence
indicating that passive smoking -- environmental tobacco smoke or ETS in
industry jargon -- is in any way
harmful.] They are spending vast sums
of money.... A list of potential scientists who could be contacted in the UK
was produced. Because of the heavy
financial burden, Philip Morris are inviting other companies to join them in
these activities.... The Philip Morris philosophy of ETS was presented. This
appeared to revolve around the selection, in all possible countries, of a group
of scientists either to critically review the scientific literature on ETS to
maintain controversy, or to carry out research on ETS.... The mechanism by which they identify their
consultants is as follows: - they ask a
couple of scientists in each country (Francis Roe and George Leslie in the UK)
to produce a list of potential consultants. The scientists are then contacted
by these coordinators or by the lawyers and asked if they are interested in
problems of Indoor Air Quality: tobacco is not mentioned at this stage. CVs are
obtained and obvious ‘anti-smokers’ or those with ‘unsuitable backgrounds’ are
filtered out. The remaining scientists are sent a literature pack containing
approximately 10 hours reading matter and including ‘anti-ETS’ articles. They
are asked for a genuine opinion as independent consultants, and if they
indicate an interest in proceeding further a Philip Morris scientist makes
contact. Philip Morris then expect the
group of scientists to operate within the confines of decisions taken by PM
scientists to determine the general direction of research, which apparently
would then be ‘filtered’ by lawyers to eliminate areas of sensitivity. Their
idea is that the groups of scientists should be able to produce research or
stimulate controversy in such a way that public affairs people in the relevant
countries would be able to make use of, or market, the information. The scientists would not necessarily be
expected to act as spokesmen for the industry, but could be if they were
prepared to do so.7 Remes and Gaisch had already practiced their method the year before, and exactly in the area of ETS, in West Germany and the Nordic region, using prominent scientists to recruit others, developing what was called a “personal relationship.” (“We had already recruited Dr. George Neurath [who] has been to the United States for training...and should be of great help to us in identifying other candidates.”).8 The “training” at PM headquarters was intended to make the recruited scientists (called “whitecoats”) become “completely cognizant concerning the science of environmental tobacco smoke and prepared to share that knowledge with others at the industry’s request...in promoting an objective understanding of the issue among members of the scientific community, government officials and members of the public.”9 Some of the Nordic scientists “sought assurances that their work would be
used for constructive purposes and not simply to block smoking restrictions or
to disparage the work of their peers,” not realizing that Philip Morris and its
law firm were calling the recruitment programs the “Witness Project.”10 Sharon
Boyse had been careful in her memo to distance BAT from the Philip Morris
approach: “The excessive involvement of external lawyers at this very basic
scientific level is questionable...likely to frighten off a number of
scientists who might otherwise be prepared to talk to the industry.” Nonetheless, BAT has now followed the method
exactly in recruiting Chinese medical scientists. An advertisement in the South China Morning Post, 2 November
1996, placed by an international personnel search firm (Morgan and Banks),
announced a “Unique commercial opportunity for a medical professional [in a]
fast moving consumer goods industry...[for] conducting market research and
performing collateral analysis with a view to meeting the company’s commercial
and marketing objectives.” The source of the notice was revealed in a “strictly
confidential ad search assignment specification [for a] scientific advisor” to
be BAT.
11 The actual job description was to
“place...emphasis on supporting the rights of an adult who chooses to smoke,”
and for “portraying the company view on
smoking and health to key audiences in China.”
The scientist would speak about “information acquired locally....to
other scientists, and interpret the information for lay persons,” as well as
journalists and “regulators.” Echoing
the technique suggested by RJR’s Colby and made corporate policy by Philip
Morris, the scientist would also develop “contacts within the Chinese academic
community open to debate on smoking issues.” “Open
to debate” for the tobacco industry means one direction only: According to the
BAT job advertisement, “data related to smoking and health [in China] is quite
different to that acquired, for example [,] in the United States,” blatantly
ignoring the gathering evidence that “cigarette smoking is already a major
cause of death in China,” principally from lung cancer, coronary heart disease,
and chronic obstructive lung disease, just as elsewhere.12 The
USA Tobacco Institute adopted the name
“Witness Project” to recruit experts who would testify that cigarette
advertising was simply to attract smokers to one brand or another while “a
young person’s decision to smoke” was influenced by peers, parents and sibling;
that women smoked because of the changes in gender roles to which advertising
was merely reacting; and that industry sponsorship of athletic and cultural
events was better than “dependence on public funding.”13 The Tobacco Institute memo describes the same familiar technique
of recruiting potential witnesses and their vetting by an industry law firm
(here, Covington & Burling). The
memo makes clear that the recruits are brought to an acceptable state: “The
witnesses developed through this project could serve one or more
functions.” [Emphasis added.] Only one or two would be entrusted to testify
before Congress, while others would speak to journalists or prepare essays. The
industry’s alarm over passive smoking is manifested by the serious attention
given to recruiting witnesses and consultant researchers to counteract the
growing evidence of harm. In 1989
lawyer John Rupp of Covington & Burling established the “Asia ETS
Consultant Project.” A 14 February 1990
memo reports extensively on the status of the project to Philip Morris and
other “supporting companies” (RJR and BAT/ Brown and Williamson).14 Recruitment and orientation in the first year
covered China, Malaysia, Singapore, Indonesia, Hong Kong, Taiwan, the
Philippines and Korea. Recruitment in
Japan was underway in cooperation with the Japan Tobacco Industry. Thirteen consultants are named: Drs. Reverente, Roa, Ferrer and Somera in the
Philippines; Drs. Liao and Bacon-Shone in Hong Kong; Drs. He and Liu from
China; Drs. Kim and Roh in Korea; Dr. Rampal in Malaysia; Dr. Ong in Singapore;
and Dr. Wongphanich in Thailand. Dr.
Wongphanich was important to recruit “because of her position as president of
the Asian Association of Occupational Health; Dr. Reverente was a past
president and Dr. He was due to succeed to the presidency in 1991. Among
other activities of the Asia ETS Consultant Project, “approximately 80 of our
consulting scientists from more than 20 countries participated in a major
international ETS symposium that was hosted by McGill University in
Montreal.” The consultants -- among
them Kim, Liao and Bacon-Shone -- agreed to distribute copies of the
proceedings within their countries.
This is a prime example of industry “junk science” as the “symposium”
was funded by the industry and McGill merely rented out some space for the
meeting!15 To lend a further air of
scientific legitimacy, an industry-funded organization created in the same
year, Indoor Air International, planned a monthly journal to begin in 1991 in
which a number of the Asian consultants could publish their articles, based in
part on the “McGill” symposium.
Drs. Bacon-Shone, Ferrer, He,
Kim, Liao, Liu and Reverente were recruited to serve on the editorial board. Bacon-Shone
went on to present a paper at The Lisbon conference on “Indoor Air Quality and
Ventilation in Warm Climates,” critiquing “the unsophisticated statistical
analysis appearing in Dr. Hirayama’s paper on ETS and nonsmoker lung cancer in
Japan, the cornerstone of the scientific literature relied upon by industry critics.” Finally,
in addition to country-specific activities, the report mentions a proposal brought to the “supporting companies” to
create an Asian Cities Monitoring Project, by which it was hoped to show that
indoor air pollution was mainly due to outdoor pollutants, vehicle emissions
principally. Drs. Liao, Bacon-Shone and Linda Koo agreed to
consult on the project. “Because the
Hong Kong study will be conducted and reported by independent [sic!]
scientists, we expect the results will carry (however inappropriately) more
weight...than have the results of previous studies conducted and reported by
industry scientists.” Hedley
Thomas and Jason Gagliardi have recently published on the Internet a follow up
to the Asia ETS Consultants Project.16 In it they cite Dr. John Bacon-Shone (“one of a handful of key advisors to the highest levels of the
Hong Kong Government”) as denying any knowledge that it was tobacco industry
money that sponsored his attendance at ETS symposiums in Montreal, Lisbon and
Thailand in 1990; he also vigorously denied John Rupp’s assertion that of
course Bacon-Shone knew. “My position
is clear,” Bacon-Shone is quoted as saying, “the evidence that tobacco is a
health hazard is overwhelming, but the work by Professor Hirayama and others
overstated the risk of ETS.” “ETS is a
health hazard,” he said, but mainly “obnoxious.” The
Kansas City law firm of Shook, Hardy & Bacon, long serving to the tobacco
industry, also reported in 1990 on its ETS witness program.17 Under a “three-company authorization” the law firm contacted over
35 consultants to see who would write a critical response to the US EPA report
on second-hand smoke, yielding over 20 written statements. Many of the witnesses were already known to
the law firm. Twenty-five names are
supplied; details are given as to their work experience, their views on ETS if
known, and comments made on their suitability.
(Because it is not clear which of these persons actually became industry
witnesses or what kind of statements were provided on the EPA document, their
names will not be given here; readers may consult the original document.) “Whose bread I eat, his song I sing.” Let the reader or listener beware, and
insist on knowing who is paying for the witnesses’ time and message. [1] Who’s Who in America, 1996, p. 816. [2] RJR 500887734, 1 December 1982. [3] Colby memo, 16
September 1974, RJR 500949355 - 57. All
Bates numbers from attorney-client privileged documents found on
<www.tobaccodocuments.com> unless otherwise noted. [4] Colby memo to S.B. Witt, 19 October 1979,
RJR 502856892. [5] RJR privileged 501636597-604, “Trip Report
on the Fifth International Symposium on the Prevention and Detection of Cancer,
San Paulo/Brazil, May 16-22, 1982. Colby to S.B. Witt, 10 June 1982. [6]RJR privileged
500534310-13, Colby to Jardim, 3 August 1982. [7] 17 February 1988, “Note on a special meeting
of the UK Industry on Environmental Tobacco Smoke,” BAT 301150179 - 184. [8] John Rupp (Covington & Burling) letter
to Gunter Wills (Philip Morris-Germany), 31 December 1987, PM 2501474303 - 04. [9] Rupp letter to Bradley Brooke (Philip Morris
EEC Region), 25 January 1988, PM 2501474296 - 301. [10] David Remes letter to Lee Pollak (Vice
President and General Counsel Philip Morris International), 8 February 1988, PM
2501474294 - 95. [11] Press Release, 19
November 1998, Action on Smoking and Health -- UK. The advertisement and job description may be found at
<www.ash.org.uk/papers/batjob.html>. [12] Zheng-Ming Chen, et al. “Early health effects of the emerging
tobacco epidemic in China . A 16-year
prospective study.” JAMA 1997; 278: 1500-1504. [13] Anonymous memorandum, 16 August 1989, TI
00002764 - 67 (also TI 319911 - 14), “Re: Advertising Issues Activities.” [14] John Rupp and David Billings, PM 2500048976
- 98. [15] Rob Cunningham, Smoke and Mirrors: The Canadian Tobacco War
(Ottowa: IDRC, 1996), 152. [16] Hedley Thomas and
Jason Gagliardi, The Cigarette Papers Smoking Guns, <intl-tobacco@essential.org>
21 January 1999. [17] Shook, Hardy & Bacon report to D. Harris, 1 December 1990, PM 2023590213 - 38,
“Philip Morris ETS Billing Categories - Summary.” |