Attorney Work Product For Use of Counsel Only. Privlog: DRAFT REPORT FROM PHILIP MORRIS OUTSIDE LITIGATION COUNSEL TO PHILIP MORRIS IN-HOUSE COUNSEL REGARDING SUMMARY OF SCIENTIFIC RESEARCH ARTICLES ON NICOTINE

'''Attorney Work Product For Use of Counsel Only. Privlog: DRAFT REPORT FROM PHILIP MORRIS OUTSIDE LITIGATION COUNSEL TO PHILIP MORRIS IN-HOUSE COUNSEL REGARDING SUMMARY OF SCIENTIFIC RESEARCH ARTICLES ON NICOTINE'''

This is a legal analysis by the tobacco industry law firm Shook, Hardy and Bacon (SHB), explains to a Philip Morris (PM) official why internal studies being done by PM scientists Victor J. DeNoble and Paul Mele at PM in the early 1980s (on the behavioral effects of nicotine) posed a danger to the tobacco industry.

After noting that DeNoble and Mele's experiments proved that animals develop a tolerance to nicotine (a hallmark of addiction), the SHB attorney warns that this is contrary to the industry's position of not portraying nicotine as an addictive substance:

"...The bottom line is that the authors are maintaining that there is tolerance to nicotine, which involves both behavioral and physiological factors...It is obvious that such a report has undesirable implications for smoking and health litigation. Tolerance is frequently cited as one of the hallmarks of addiction. It is the industry's position that one of the classic criteria for addiction is tolerance, and that such has not been demonstrated in the case of nicotine."

Another passage warns that DeNoble and Mele's experiments reinforce the argument that nicotine is an addictive drug:

"...Thus, research such as [DeNoble and Mele's] strengthens the adverse case against nicotine as an addictive drug... The addiction view of cigarette smoking posits that cigarette smoking is influenced by circulating levels of blood nicotine. The DeNoble, et al. study is consistent with this notion...As with the previous point, this serves to strengthen the adverse case of cigarette smoking as an addiction."

Several other papers are cited. Eventually PM fired DeNoble and Mele because of their research. PM destroyed their lab and experimental animals, and prohibited them from publishing many of the findings that resulted from their work at PM.

Title: Attorney Work Product For Use of Counsel Only [Privlog:] DRAFT REPORT FROM PHILIP MORRIS OUTSIDE LITIGATION COUNSEL TO PHILIP MORRIS IN-HOUSE COUNSEL REGARDING SUMMARY OF SCIENTIFIC RESEARCH ARTICLES ON NICOTINE Per. Author [Privlog:] Patrick M. Sirridge, SHB Attorney Date 00000000 Type legal-brief [Privlog:] REPORT Bates 2021424402/4412 Collection Philip Morris

Additional document resources

 * April 1986 letter from PM to Paul Mele threatening his job over disclosure of information about nicotine tolerance.
 * Excerpts from U.S. Department of Justice Lawsuit against the tobacco industry regarding suppression of research by DeNoble and Mele (starts on Page marked #155, or PDF page 51)

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