92 



Mr. Synar. This article is a revised version of a self-administra- 

 tion paper that Philip Morris suppressed in 1983. I understand 

 that you sent that self-administration paper to the journal in De- 

 cember of 1985, without first getting a consent from Philip Morris. 

 Some might say that this was a violation of your secrecy agree- 

 ment. Did you take that risk? 



Mr. DeNoble. Yes, I did. 



Mr. Synar. And why did you take that risk? 



Mr. DeNoble. It's one thing for industry to hold back scientific 

 information because they are involved in the development of a 

 product. It's another thing to say, we need to get the patents done. 



It's done all the time in the drug industry. Scientists aren't free 

 to publish right away. Usually, you have to get the product out, or 

 you have to get a position in the marketplace. There are valid rea- 

 sons to do that for market reasons. 



This had nothing to do with the product. This information wasn't 

 going out simply because the company didn't like what it said, and 

 that was unacceptable. In 1986, people still weren't close to doing 

 these kinds of research. They still hadn't picked up, so we took the 

 risk. 



Mr. Synar. I understand that in April of 1986, you and Dr. Mele 

 went to St. Louis to present a paper on tolerance to nicotine before 

 the Federation of American Societies for Experimental Biology. 

 What was the response by Philip Morris to that? 



Mr. DeNoble. They sent us a letter indicating that was a viola- 

 tion of our agreement and that they would not tolerate that kind 

 of conduct in the future. 



Mr. Synar. I'd like to enter into the record as Exhibit 15, a copy 

 of that letter. 



Mr. Waxman. Without objection, it will made part of the record. 



[Exhibit 15 follows:] 



Philip Morris Companies, Inc., 

 120 Park Avenue. New York. NY. April 23. 1986. 



Dr. Paul C. Mele, 



3205 Whispering Pines Drive. Silver Spring, MD 



Dear Dr. Mele: It has come to our attention that you presented a paper at the 

 Federation of American Societies for Experimental Biology in St. Louis on "The De- 

 velopment of Behavioral Tolerance Following Chronic Nicotine Administration." As 

 you are aware, upon your employment at Philip Morris on November 16, 1981, you 

 signed an agreement (a copy of which is enclosed) reauiring you to keep confidential, 

 unless expressly permitted otherwise, research developed while an employee of the 

 Company. The disclosure of such information as a result of your employment at 

 Philip Morris without permission constitutes a breach of your agreement with the 

 Company. In the future, you are expected to comply with the terms of the agree- 

 ment. 



If you have any questions regarding this letter or the agreement, please address 

 them to my attention. 

 Very truly yours, 



Eric A. Taussig, Assistant General Counsel. 



Mr. Synar. Dr. DeNoble, I understand that in August of 1983, 

 you and Dr. Mele spoke at a convention of the American Psycho- 

 logical Association in Washington, DC about another aspect of your 

 work for Philip Morris. What was Philip Morris' response to that 

 appearance? 



Mr. DeNoble. That was quite interesting because they actually 

 had somebody out there taking pictures of us. They sent one of 

 their people out to take a picture, and they sent us another letter 



