Privileged and Confidential Presentation to the Board: March 30, 1994

Privileged and Confidential Presentation to the Board: March 30, 1994

In 1994, David Kessler (then -commissioner of the U.S. Food and Drug Administration or FDA) asserted that nicotine was an addictive drug intended to affect the structure and function of the body and therefore cigarettes should be regulated by the FDA. This document conveys why PM executives considered references to the addictiveness of smoking to be a major threat:

"...The most serious concern that I have is that the adverse media attention...being leveled at the industry may ultimately impact on jurors' attitudes about our defense in product liability cases...But even if jurors do not believe that we 'spike' our products, they could nevertheless adopt a more skeptical attitude in the future toward our principal defense--personal liability...If he [Kessler] were to declare that nicotine in cigarettes is addictive and must be regulated, that action could affect the way in which jurors approach the issues of addiction and choice."

Title Privileged and Confidential Presentation to the Board: March 30, 1994 [Privlog:] SPEECH DELIVERED BY PHILIP MORRIS COUNSEL TO PHILIP MORRIS BOARD OF DIRECTORS REGARDING ANTI-SMOKING ACTIVITIES INCLUDING PHILIP MORRIS COUNSEL'S LEGAL ANALYSIS AND OPINIONS Per. Author Murray H. Bring Date 19940330/e Type publication [Privlog:] SPEECH Bates 2022813447/3473 URL: http://legacy.library.ucsf.edu/tid/jmm88d00