53 



Mr. Waxman. She was from a law firm? 



Mr. DeNoble. She was from a law firm in Kansas City. 



Mr. Waxman. And two of her supervisors from the law firm? 



Mr. DeNoble. Yes. 



Mr. Waxman. OK. 



Mr. Wyden. Let me, if I could possibly understate this, Dr. 

 DeNoble. Isn't it a little bit unusual to have a paper like this, after 

 it has been peer reviewed, accepted for a journal, suppressed, a 

 poster presentation canceled, and then to have a visit by three or 

 four lawyers, isn't that a little bit unusual? 



Mr. DeNoble. Yes, sir, it is. 



Mr. Wyden. OK. Mr. Chairman, thank you. 



Mr. Waxman. Thank you, Mr. Wyden. I'm going to recognize my- 

 self for another round of questions. Let me just see if I understand 

 the chronology here. You went to work in 1980. You were doing 

 work in 1980, 1982. By June of 1983 you went to New York and 

 you met with some of the top executives at Philip Morris. You are 

 telling them what you were doing in your lab work, that was June 

 1983. 



In August, you wanted to publish your paper. You were told 

 when you were hired that you could publish papers. And now you 

 were being told you couldn't publish this paper or make a presen- 

 tation to the American Psychological Association. 



That August 1983 is a significant time as well, because on Au- 

 gust 1, 1983, the Cipollone case was filed. The Cipollone was a case 

 of going against Philip Morris for liability for a death resulting 

 from cigarette smoking. 



Now, as Mr. Wyden indicated, you started to get more concern 

 expressed by people at Philip Morris. People were suggesting, your 

 supervisors were suggesting, perhaps you ought to go outside of 

 Philip Morris and do your work, go to Switzerland to an independ- 

 ent lab from where you were. 



And you next had visits from these lawyers that came by, and 

 they were looking very carefully at your work. I'd like to jump 

 ahead 2 months to November of 1983. Your laboratory had a visit 

 from Shep Pollack. 



According to Moody's Industrial Manual from 1983, Shep Pollack 

 was an important person at Philip Morris. In fact, he was the 

 president and chief operating officer of Philip Morris, U.S.A. He 

 was also on the Board of Directors of the parent company, Philip 

 Morris, Incorporated. 



Who visited the laboratory with Mr. Pollack? 



Mr. DeNoble. He was accompanied by Mr. Fred Newman, the 

 attorney I mentioned previously. 



Mr. Waxman. And 



Mr. DeNoble. And also by, I'm sorry, also by Jim Charles, I be- 

 lieve, or Dr. Osdene. But they didn't tour the lab, just Mr. Newman 

 and Mr. Pollack. 



Mr. Waxman. And what happened at that meeting? 



Mr. DeNoble. We toured the laboratory facility. We set up a 

 demonstration for Mr. Pollack, that he could actually see the ani- 

 mals working for food, or/and pressing the lever for nicotine. 



Mr. Waxman. You had a demonstration of the rat actually self- 

 administering? 



