‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
‫משרד הבריאות‬
‫ועדה למניעת עישון‬
90.2.9222 ‫ישיבה מיום‬
‫ של‬02 ‫ אני פותח את הישיבה מספר‬,‫בוקר טוב‬
:‫כב' השופט אלון גילון‬
‫הוועדה והיום יעיד בפנינו דוקטור ג'פרי וויגנד מארצות הברית שנענה לבקשה‬
‫שלנו באמצעות קופת חולים לבוא ולהעיד בפנינו על מה שידוע לו לגבי ייצור‬
‫ התשריט שלו נכתב לפי‬,‫ אנחנו ראינו את הסרט "המקור" שהוא בעצם‬,‫סיגריות‬
‫הקורות חיים של ד"ר וויגנד ולכן אני חושב שגם חשוב שאנחנו נשמע ממנו את‬
.‫דבריו‬
We want to thank you for coming and to give your testimony before
the committee, I said in Hebrew before it is very important that we
will hear you and as I told you before we saw the film "inside view",
and we will … first, the opening, as long as you like and we are not
going to interfere and then in the end we will ask you questions. OK?
Tell us something about yourself.
Jeffrey Wigand:
Thank you, certainly it is a pleasure here, as a
native New Yorker I tend to speak rather fast, sometimes and swallow
my sentences at the end so if I don’t say as clear as I understand
please stop me and I will back up, my intend in coming here is
1331
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
voluntary and intend of providing an inside and shining a light on
truly what the tobacco industry is like.
I know this as a specifically as an insider as one who was working in
the industry as an expert witnesses reviewed many of the documents
that have been reluctantly produced by the tobacco industry during the
course of the US litigation and quite intimately familiar with where
the industry is what is trying to do today.
It is my opinion and my recommendation to any government that
cigarettes should be regulated and that the product, the main
ingredient of tobacco nicotine, we have considered a drug, and that the
regulation need to focus on specific labeling of the content of the
tobacco, the, where it is they are manipulating nicotine to make it even
more addictive, a little better, absorption as well as limiting the access
particularly limiting the access to our youth.
It is not without knowledge that the industry clearly knows as well as
anybody else knows that 95% of those who smoke today at least in the
United States and Canada and from now what I am learning in Israel
all started well before the age of 18.
This is truly a pediatric disease, this is disease that starts with children
at the average age in the US is roughly about 12.5 years old, the
1330
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
average age in Canada is just about the same and if I understand
correctly the numbers in Israel is somewhat lower.
This is a disease that starts with capturing your child on image and
maintain that in a sort of addiction to a substance that highly addictive
and just as addictive as Cocaine or Heroine.
And I think the science clearly shows that.
We are somewhat surprised last night when we were in a local tobacco
company, lawyers or executives said they thought the nicotine wasn’t
addictive and I just couldn’t quite figure which cave he has been
living at.
The world clearly understands that nicotine is an addictive substance
from that there is a clear coloration between smoking and health.
In fact, the industry has known that well back for 5 decades. In many
ways has … that information deceive the public on that information,
has not cooperated in anyway, shape or form or governmental
agencies. It continues to have a mix, or some mix signals in terms of
what they are new concourses in today's environment.
Who am I? The background as I am a bio-chemist by training, my
degrees are, on the graduate degrees and graduate degrees are from the
university of Buffalo school medicine and bio-medical scientist I have
a PHT degree in bio-chemistry, with a concentration in the
1331
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
chronology, and I spent after graduating school I spent approximately
25 years in the health care industry, know it with … and diagnostic
manufacturers, we produced diagnostic … such companies as Johnson
& Johnson, Fiser Merk, and within all of these health care companies
held senior level positions, on the cooperate office level.
I also after leaving the tobacco industry in 1995 went back to school
and obtained another degree and a master of art and teaching so I
have, I consider my self fairly fortunate in terms of my education
background, in 1988 I was attracted to the tobacco industry by
executive Recrudov.
That executive Recruder approached me and asked if I was interested
apply or entertaining an opportunity within the tobacco company.
That tobacco company was the nation's or America's 3rd largest
tobacco concerned Brown & Williamson and part of a larger tobacco
concerned BAT industries which is the wold's 2nd largest tobacco
company.
It is my implicit and explicit understanding that the purpose of me
joining the company at the 6 months of interviews with the senior
executives are both the 80 industries and Brown & Williamson that I
would use my scientific talents that I have a mast educationally for
what I had a master in my work experience.
1332
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
To address a product when uses a … that kills, in the US 430,000
people a year and addicts 3000 kids a day.
It was the intend to take a safer cigarette.
Industry speak for product or a, that has less biological burden. We
know that when a cigarette burns, not only when it delivers the
nicotine it delivers a … of chemical compounds associated with the
burning of tobacco plus some 499 chemical additives that are added to
tobacco to facilitate the addiction, maintain the addiction, and
meliorate the harshness of the tobacco product.
My charge was just to take a naked product and reduce its safety,
reduce its risk, its biological activity, understanding full well though
that there is no such thing as a safe cigarette, but there are margents of
which you can do to safety, to remove some of the toxic compounds
such as the Benzoley Piorids, the Nitrosemies the Carbon monoxide.
A cigarette is a most efficient nicotine delivery device, it is a device
that is made out of nicotine and, my experience in the company in
many fold, and some of it was just very stalling to me now, to relate
the … direct experiences probably can direct all of them and I should
make note that my statements here are not meant to be the … people
the product or the company.
They are the truth.
1333
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
My first experience was … which shows shortly of the company at
three months and I was sent out to Chigardian(?) Bacon with another
attorney to understand how the industry and Brown & Williamson
deals with the issue of smoking and health and addiction.
And I spent three days plus in .. they have been instructed by lawyers
of how all the science that had been generated by the world was fraud.
And this goes back to the two basic … by which the tobacco industry
has survived for so long in litigation.
One, is the whole issue of there is no link that has been demonstrated
between smoking and health, in fact smoking and health are totally
separated in the numbers of this is just apidimiology(?), and it has two
issues, the issue in litigation in terms of product liability but also has
the issue of lights cigarettes vs. full flavor cigarettes where you admit
that the tar creates disease and then you look at full flavor and light
cigarettes and help implication of going from full flavor to light
cigarettes is an issue of are you having now a healthier delivery by
having less tar.
Something the industry has forced it and enhanced it through its
advertising, less tar is better, the second thing the industry has
survived around is the issue of, and the first one is really called the
cause of,
1334
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
The second part is the addictive of nicotine. If nicotine is not
addictive, so it is made of free choice. If nicotine is addictive then the
use of the product is not a free choice, it is commanded by an
addiction to a substance that forces something, to do something when
we know it is harmful.
And I was somewhat surprised at the end of the meeting. From the
studies that I have read before joining the company in the sergeant
general report which I clearly understood that there was a link
between smoking and health and I clearly understood that nicotine
was addictive, I was surprised that lawyers were telling me how fraud
the science was.
I think it was the first time in my career that I had a lawyer explaining
to me science.
I went back to the company and I began to do what I started to do.
Develop a process by which a safer cigarette could be developed, that
is one that had less biological activity. And I must tell you the next
example that I had in the company was one that now when I look back
and I see that it has happened multiple times. I attended a meeting
with all the senior scientists in British Columbia, it was a meeting of
the senior scientists all of the 80 industries and the intend of the
meeting was to put the research heads around the world together. To
1335
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
understand how they can pull resources of using extent technology
into many things. We deled with issues of how to make a safer
cigarette and what would that really mean. How would you test it?
What will be the biological parameters for the short term or long term.
Environmental tobacco smoke. Fire safe cigarettes. Using genetic
engineering to manipulate the nicotine in the cigarette plants so that
you would have a higher concentration of nicotine in the cigarette or
in the cigarette stock.
And various smoking and health issues.
We cleared during that meeting annunciated among the scientists and
LFO's that we clearly understood that nicotine was addictive and the
business of the company was delivering nicotine and a safe cigarette
was a way of delivering nicotine with less tar or negative baggage,
which is very much consistent within the … of not only what I
experienced in the BAT companies but also what I experienced within
Brown & Williamson.
We are in the nicotine delivery business and tar is the negative
baggage if we hook them young- we hook them for life, and the focus
that we know, we knew they were in nicotine was not there for taste,
but nicotine was there for pharmacological action. And how we could
modify nicotine so it wouldn’t be addictive?
1336
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
That generated roughly about 18 pages a minute and we were
basically within these minutes was a completed … of the standard
mantra or legal platform of the company, the relation between
smoking and health and nicotine was not addictive.
And with that minutes we circulate the senior management within the
company, I can only characterize their reaction to that as being
apoplectic. Apoplectic in the sense that now it is a document cre4ated
by the senior scientific managers which clearly annunciate what it said
normally within the company, what was never said outside the
company.
Outside the company nicotine is there for taste and there is no
relationship for smoking and health, and in fact in April of 1994 the 7
CEO's of the major tobacco company in the U.S speaking in front the
congress raise their right hand and said the same thing. My issue is I
knew Mr. Stanofer who clearly every day understood clearly that hook
them young- hook them for life.
Hook in his word of vocabulary is the same as addicted and he
correlated many times the use of the word into changeably.
What Mr. Stanofer and the senior management ordered attorney who
did not take, not participated at all in the meeting was not present in
the meeting to change the minutes of the meeting, to remove from the
1337
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
minutes of the meeting the controversial topics that were discussed to
approve highly embarrassing should the company be … to produce
those records in any of these litigation.
Then he realized up until 1990's, actually 1989, 1990, the tobacco
industry had never lost anything at court, nor had to produce any
records that would corroborate that they knew that nicotine was
addictive or that smoking had a significant helpless in they were direct
links.
Stanofer, or … to change the minutes he took them roughly 16-18
pages a minute reduce those minutes to 2.5 pages of vanilla.
Removed all the controversial issues such as addictive as nicotine,
safer cigarette, environmental tobacco smoke etc.
And create a new parameter record for the company that would
become discoverable document.
When that happened, I was not prepared for that to be honest with
you. I had never seen in my 25 years of business experience anybody
ever change minutes of a meeting who didn’t attended done by a
lawyer only to protect the company in case of discovery.
… to that involve the 80 industries where all the scientists for now
called to New York in January of 1990 and now became the process
by which lawyers were putting every … of the scientific research.
1342
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Lawyer reconduct caution writing seminars for the scientists, lawyers
with that document before they reach the U.S that document before
they became a part of the parameter record to prevent from the
documents controversial topics, being documented and then
substantially be discovered.
Quite honestly I didn’t know what to do when this happened. I was
paid very well I was linked to my help care benefits for … and I
basically turned and looked the other way. In August of 1992, I should
also tell you that shortly thereafter the whole issue of any work on a
safer cigarette was terminated and shipped over sees along with its
documentation, Mr. Stanofer believed that anything that was safer
than existing pose a significant problem for the company because that
would make everything else unsafe.
And were dealing with the issue of one also safety associated to
reduce tar delivery with light cigarettes.
In August of 1992 I was receipted of what's called the national
toxicology report as I … before the industry uses approximately 599
intentionally added additives. Those additives are such things as
licorice and honey and cocoa, ammonium hydroxide, di-ammonium
fast .. urea and other compounds. Some of them are chemical
1341
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
compounds added specifically to meliorate. To reduce down the
harshness of a burning material.
Some of them added specifically to manipulate the nicotine from one
form to another form to increase its absorption as well as its
transferability.
One of those chemical additives that the industry had used one time
was a chemical compound called cumuron(?) not to be confused with
…
It was a chemical compound that was used as one of those additives
up until about 1984. Where cumuron was shown to be happeddal toxic
in dogs and also mast to follow orders. When the industry removed
cumuron from its cigarette products with the same time when the FDA
removed cumuron from the grass list the industry continues to tell you
that the grass list is a FDA approval of chemicals they add to tobacco.
What they do not tell you is that yes, that is very much true, these
additives are all grass of list, listed, but the grass list meaning in the
FDA approval of the CFR 21 means that it's for cosmetics and food
materials not to be burned in cigarettes.
And much of the additives that are used have never been
toxicologically tested independently or in conjunction with other
additives in tobacco smoke and in fact many of the additives when
1340
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
tested with tobacco produced so much more toxic tar than without the
additives. And that is part of the ACS study in 1989.
This chemical compound, cumuron had been removed because it also
created a public image issue, it removed from the Marlboro and the
Winstons and whatever. Brown & Williamson continued to use
cumuron in its pipe tobacco so what the role of aromatic. Until time I
was enjoined the company. Cumuron also the company had a policy
its own additives policy that would not use any additive that had not
been grass approved. Well, Cumuron had already been removed in 84
from the grass list but Brown & Williamson continued to use these
additives.
Also at the same time I must tell you the additives of the industry used
are submitted to the US department of health. Helping human services
as a part of an agreement to supply the additives. Cigarette additives
are reported that additives that are used in pipe tobacco which come
on to the smokeless are not reported. And also the same time Brown &
Williamson clearly understood that cumuron did not have to be
reported because they were using it in pipe tobacco but at the same
time they knew they used it in cigarettes that they would have to
report it.
1341
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
And when cumuron was shown to be laboratory testing by the national
toxicology program which evaluates all chemical compounds in terms
of its toxicology reported that cumuron in laboratory mice and rats
was a long specific …
And I went to Mr. Stanofer and told him that I had this new
knowledge which really showed that this chemical compound
produced an incremental risk that should be removed as a part of duty
of care and due diligence he has told me to go back to the laboratory
find a substitute and that he wasn’t going to remove it because it made
sales and profits.
And I must tell you as that happened I had about enough and Mr.
Stanofer and I got into a significant conversation over it but the
responsibility removed and continued legal involvement where the fire
safe cigarettes or environmental tobacco smoke and in March of 1993
when Mr. Stanofer became the new CEO I was summarily fired.
And all I wanted to do in March of 1993 was go and leave 4 years and
3 months of a colossal screw up of my career. I had no intention of
doing anything else, I wanted 2 things from the company. I wanted to
honor my employment contract and I wanted to continue help care
coverage for my daughter. My contract gave me some other extensive
benefits and the company was reluctant to give me the full benefit of
1342
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
my employment contract and I was up to get a lawyer in the state of
Kentucky which I couldn’t get.
I ultimately set all the Brown & Williamson's in June of 1993 with 2
years severance complete medical coverage and released from my
known complete cause as I could go to work for another tobacco
company with the knowledge I gained by working there which was a
restriction in the original contract. They dropped that voluntarily and
so in June of 1993 I left with the 2 years severance package and go in
the full desire to go back to where I was. In September 1993 Brown &
Williamson sews me in a Kentucky court for legibly saying I violated
my confidentiality agreement by sharing with another employing my
salary. And they immediately stopped my healthcare benefits and
stopped my salary continuation. However my salary could be instated
and not interrupted as well as my healthcare benefits, should I sign
more draconian agreements or beyond what anybody would ever sign
in any industry associated with protecting confidentiality of treat
secrets.
This agreement basically said that I could not speak about tobacco I
could not tell anybody about tobacco even not to the law.
1343
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
And if I did I have to talk to Brown & Williamson first I had to tell
them what I was going to say and they would have the option of
having a lawyer present when I say it.
And I signed that agreement and my healthcare benefits and my salary
were reinstated. And this was later December or early January 1994
now. In 1994 early in the year I was approached by a correspondent
from CBS 60 minutes. A correspondent by the name of Lowell
Bergman. Lowell Bergman had a cash of documents from a
competitive company Philip Morris in which was sent to him over the
trance somebody just sent him the documents and he didn’t quite
know what to do with them and with these documents which deled
with the ignition propensity of cigarettes or the capacity of develop a
fire safe cigarette as I just told you before, cigarettes directly kill
430,000 people in the U.S.
Also cigarette cause fires claimed between 1200 to 1500 lives a year,
about a third of them are children, about 20% of them are non smokers
and the remaining are smokers.
… my 10 year with the tobacco industry are participating in number of
joined venture meetings which deled with how the industry was using
its combined resources deal with developing a fire safe cigarette and
test methods.
1344
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
And Philip Morris was part of those meetings and it was clear for my
participated in those meetings that Philip Morris did not or appeared
not to have the technology or the capacity they are doing in fact, many
of those meetings pointed fingers at everybody else to do the work
rather than the industry. These documents Mr. Bergman asked me to
review, I reviewed because I believe that nobody could prevent me
from using my scientific talents to evaluate science and maybe not
revolve with violating my confidentiality agreement with Brown &
Williamson because I was not providing any trade secrets or
discussion of any and my agreement with CBS in terms of reviewing
these documents clearly specified that they would not ask me nor that
I tell them anything about Brown & Williamson that my reliance on
my technical knowledge in science would be what was used to revolve
review these documents. I reviewed the 2300 pages of documents and
I was stunned. I was stunned because within the document showed a
clear capacity and a program spending the period of 1950's through
June of 1986 which … the capacity of Philip Morris to develop a fire
safe cigarette they tested it, I guess their leading brand, apparently in
the document showed no increased toxicological risk showed no
apparent differentiation and manufacture ability in terms of
1345
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
implemented cause, and in fact maybe indistinguishable to the
smoker.
They chose in June of 1986 not to introduce the product even though
they had had the capacity to save lives from fires because there were
no laws that forced them to do it. They named Hamlet at the
Shakespeare play to burn or not to burn. And that irritated me because
I sat in the early meetings and this was to me a total, a further example
of the total disregard for public health and safety when their
opportunity presented itself. And they had the technology, they chose
not to excite the use of the technology. I shall also mention to you
today that in January of 2000 Philip Morris hasn’t produced a fire safe
cigarette, it is only a Merits cigarette and truly has no incremental
toxicological exposure as compared to all cigarettes, it is also fire safe
by the standards established by the government testing and their
testing has no incremental cost in indistinguishable by the naked eye
of anybody in the Merits light cigarettes.
It is 1986 now this is January 2000. I should also, as things were held
out 1994 David Castle was headed the FDA is also pediatrician and
started asserting that the FDA should exam jurisdiction of a nicotine
and morphine into the children. Also the US congress at the same time
was entertaining bringing the executive from the major tobacco
1346
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
companies to testify in front of the congress as to cigarettes and their
facts that whether nicotine was addictive or there is relationship
between smoking. In the process of the congress evaluating and
developing the questioning for the possible congressional hearing, I
see numerous calls from various congress men like Henry Laksman
and Seinar and Mogly etc. asking me if I could help the US congress
write the questions to ask the executives and what I participated
voluntarily. I told them I couldn’t participate voluntarily because I had
a confidentiality agreement with Brown & Williamson and unless they
provided me with a sapena from the congress I couldn’t testify nor
could I help them to understand what was on Brown & Williamson.
Well, I as a part of agreement I signed to get my health care benefits
and salary instead there was a prevention at any time I was contacted
by anybody I had to report it to the company. And I did it so dutiful, I
thought that was my obligation and I did it.
I reported to the company, and substantially I had to report it to the
company and while I can not accusing the company or any of its
people, my children were … recipes to death threats. Those two death
threats came by phone and basically said that if I cooperated with
anybody in terms of putting tobacco on a defensive or telling any
secrets that my children would be held responsible for my actions.
1347
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
That required the federal bureau of investigation, trap and traced my
phones and that the phone calls that came in that time which I
recorded are the sort of going back in time that … I don’t know the
exact words of how they, they went back to investigate phone records,
and they were able to trace those two exact phone calls that came in,
based on the time I gave and the date. One phone call came from a
local hospital, the second phone call came from the building at … to
the Brown & Williamson tower. Nobody has been ever able to link to
those phone calls. In April of 1994 the 7 CEO's got up in front the
congress and they all raised their right hand and told congress that
nicotine wasn’t addictive they believed, very couched words. All with
the same mantra, there was no relationship between smoking and
health, in fact one CEO was bold enough to compare smoking with
eating Twinkies.
And as an indelible image replayed itself in my mind and I knew what
went on in Brown & Williamson and Mr. Stanofer specific statements.
Over 4 years and three months. I chose to do something very much
different with the knowledge I had. So May of 1994 when the FDA
contacted me and asked me to help them understand cigarette
technology, understand nicotine addiction, understand how genetic
engineering was import to increase the nicotine yield in the tobacco, to
1352
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
understand how Ammonium manipulates nicotine. How laser
perforation of the filter defeats the FPC method and where is the
positions of the holes. I agreed to participate because I believed and
still do today that nobody could prevent me from going to my
government and sharing with my government knowledge that has
direct effect on public health and safety. And I began working with
the FTA with un-amenity(?) I traveled to the FTA from my home in
Louisville Kentucky, understood names I went through unmarked
entrances and my code name in the FTA for months until it was
finally released and things broke was research.
For the FTA also knew that this is an investigation into the tobacco
industry pose a significant threat and the industry will do much of
anything to derail it.
That ultimately led to a jurisdictional document that the FTA prepared
and ultimately was something that the US supreme court finally ruled
on in January of this year basically saying that the FTA under its
current laws and the way they were defined did not have the
appropriate language in the law for them to regulate such a dangerous
and addictive product the congress ought to really invite new laws or
rewrite the law to give the FTA control.
1351
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
I could do the work for the FTA, I also got involved in a law suit as a
non testifying expert in which involved the litigation between ABC
and Philip Morris, where Philip Morris sewed ABC for 10 billion
Dollars based on a day one report, investigate a report who was, they
said that nicotine in the cigarettes was spite. Spite meaning more
added than it would find naturally or implying that probably more …
choice of where it was manipulate or, and as a non testifying expert I
had to review all the Philip Morris documents in that litigation, until
that litigation was dismissed with an apology coincident or a
concomitant with the acquisition of ABC by …
I also got involved with a fire safe cigarette issue with a lawyer in
Boston who is sewing on the behalf of fire Pekirny(?) family of a fire
created by a Marlboro cigarette and was going to provide the insight
that I had in terms understanding initial physics, ignition propensity of
fire safe cigarettes and was ultimately dismissed from that case as a
witness for the inter session of Philip Morris through Brown &
Williamson that I would be revealing trades secrets but this involved
the death of 4 children from the cigarette, a Marlboro cigarette who
was later, also there was direct evidence there was tempering with the
evidentiary site. And I became very much interested not only in fire
safe cigarettes but also in some of the whole targeting of teens and
1350
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
children. Anyway, I also at the same time now receive … from us,
Professor of cardiology UC San Francisco until I received a cash of
documents, this time this cash of documents had … from Brown &
Williamson. And they chronicled also a period of the 1950's to just
shortly before I joined the company in which many of the documents I
asked to see during my 10 years in the company and refused allowed
to be seen, I now saw for the first time. Sort of the same things of
lawyer manipulation, … with files, lawyers' requesting of documents,
… of science and I chose now to really do something very much
different. I chose to go back to people I have worked with in the early
1994 CDS, because I knew CDS has a reputation for investigate and
reporting but also the same time CDS I have built relationships with
and I basically after seeing the testimony of the CEO's the threats, the
cigarette papers and the jam … I chose to take the knowledge I had in
order to share it with the American public. And I did not do that
without thought, I did it with my family but I also with a perspective
of several continuities. As I talked to CBS I asked for two things, I
said I wanted to make sure I had custody control of the release of the
taping, control of one, I had some form of physical security assured
from my family and children, and two, cause I have a lawyer because
I know them damn well I was going to need a lawyer. Because I knew
1351
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
I was going to, when I was going to share it with CBS as my
understanding of what went on in Brown & Williamson in terms of
manipulation of nicotine, the targeting of teams, the development of
gate way products, the clear understanding that nicotine was addictive,
lawyer … of science, destruction of documents, violation of rules of
civil procedure, etc.
And I did it on August 5th of 1995. Well, many things started
happening in later part of August and September, November, first of
all US department of justice began investigating the 7 CEO's
purposely in front of the congress. And initiated the investigation.
CBS was now the, acquired by Westly(?) house. The … CBS was also
under investigation by US department of justice. I don’t know,
because he was owner of CBS but because he was owner of the
tobacco company. He was the owner of law … tobacco and he was
one of the 7 CEO's present in the April 1994 hearing.
They also, CDS was evaluating whether or not, my August 5th is, and
also at the same time Wolod was negotiating with my ex employer for
the transfer of 100 million dollars worth of product.
Not surprisingly Brown & Williamson learnt of the interview and
during that .. the trust of the acquisition, the same lawyers to deal with
the acquisition and the justice department and the area my, Brown &
1352
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Williamson said or intimated that they will sew CBS under a legal
doctrine a … interference, it means the CBS in this meet will break a
confidentiality agreement and that they would sew them for 10-15
billion dollars. Well, what CBS did next was basically canned the
program under the intimidation of being sewed by a tobacco, not the
similar to what happened between ABC and Philip Morris several
months earlier. And then on October of 1995 I was told by CBS they
have cancelled the program, they were not going to air it, they were
air abbreviated but simultaneously somebody were in CBS licked the
full transcript, I was sewed immediately by Brown & Williamson
ex… in Louisville, I was enjoined from speaking about tobacco, and I
was sewed at the base of theft of trades secrets and violation of my
confidentiality agreement.
And needless to say at that time I was fairly disappointed, because the
information I have given them I thought it was a … importance to the
public health and safety of the American people. Well, also now I got
a lawyer, I got a lawyer of Dixclugs(?) who is an affluent lawyer of
many ways, an affluent in financially, affluent of heart, affluent of
mind, and agreed to represent me probono(?) to the tobacco industry
issue.
1353
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
The same time the state of Mississippi was initiating this litigation
into recovering the cause associated which treating 6 smokers. And I
received not only a … from the state of Mississippi but also from the
US department of justice relative to fire safe cigarettes and what I
knew about the ability of the industry to make a fire safe cigarette.
The venue for this sapine was CID which is what is called originally
was impeccable of Mississippi and I was someone to go to … I left
high school where I was teaching in Louisville Kentucky and I went to
stay at Dixcrug's home in Pascible Mississippi. And by this time many
of the lawyers that had been involved in sewing the tobacco industry
had received credible physical threats to the point of many of them
had a … of security in their buildings, many of them had to get
bodyguards and that there was some evidence that the phone
conversations among lawyers that were sewing the tobacco industry
was being … by external means so when I have got to Dixtrug's home
that night the first thing I did is to screen the home from listening
devices and it was patrolled by armed Mississippi state troopers for all
night long. The next morning when photo with the fire safe cigarette
deposition with the US department of justice in the … to that Brown
& Williamson went to the Mississippi Supreme Court to try to quash
the sapena. The Supreme Court said no. It will go forward but it has to
1354
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
be sealed. … so Brown & Williamson went back to the judge in
Kentucky that issued the original order and was, had a standing order
for contempt.
SIDE B:
Anyway, the judge, and when I sat down to lunch I had to give in the
civil deposition for the department of justice, Ron Modly, Dixcugs (or
another spelling form of the name) and attorney general Mike More of
state of Mississippi surprised me that if I was to go four in the
afternoon I would most likely, the holding contempt I could definitely
go to jail when I went back to Kentucky. Which actually scared me
quite a bit, and with all of this coming after that, thinking of going
back to Kentucky is the number one produce of tobacco or at least
brought in tobacco to the States. It gave me a real pulse for thought.
They gave me the opportunity to go further or not I chose to go
forward and if you really want to read something very interesting you
have to read the deposition of Mississippi court where it must have
been 70-80-90 or 100 tobacco lawyers objecting every two minutes
vs. and what it was basically going forward was to prevent me from
telling the truth. The same thing I told CBS 60 minutes on August 5th I
1355
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
was now repeating under ought in November of 1995 in the
Mississippi court, word for word.
Lawyer involvement, the knowledge of nicotine was addictive, the
knowledge that there was a direct link between smoking and health,
the compass to make a safer cigarette, the use of additives disregard
for public health and safety, not telling the truth in front of congress
etc.
And I proceeded with CEO, I went back to Kentucky that night,
nothing happened, I did not got to jail, nor do I … of contempt, I was
met by federal marshals, and I … home and went back to teaching
school the next morning.
And that kind of ends 1995. 1996- starts the real fireworks. The
fireworks is that deposition that was given in Mississippi which was
sealed, made its way to a paper that is known for its business
supporting the Wall Street Journal, threat by Brown & Williamson,
they published the complete text of the sealed deposition. The same
time Brown & Williamson hired law firms, PR firms to try to
undermined my public credibility. And created a 500 page … to wreck
that it's miring my reputation. They submitted that also to the Wall
Street Journal trying to, now, intimidate me in the face of the public. I
was saying that, the Wall Street Journal also acted responsible there.
1356
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
In that day publish, the complete analysis of the … and that is a
basically a smeary campaign directed at, desecrating me in the public
opinion. And now the truth is out.
Of I felt, how the lawyers manipulated documents, changed
documents, disregard for public health and safety etc.
I also in January of 1996 received in my mail box a letter and a bullet,
with a letter directed to me and my children to make sure I clearly
understood and no matter where I went to and where my children went
they will be held responsible for my actions against the industry. And
this was in spite of having two armed ex-secret service agents
providing 24 hours, 7-day week security. In January, in 1996 Brown
& Williamson received 11 days of testimony, ordered by a Kentucky
court, my attorneys were prevented from doing discovering, my
attorneys were threatened by the court for protecting me, in the end
they got their 11 days, they had their 25 lawyers and ex-judges and if
you want to talk about it today they had their … they had ten lawyers
and below the floor they had another 25 lawyers hooked up
electronically. I had 2 lawyers. It was not, I would say much of what
was going on there was intimidation but also I felt at the same time
that I knew that the truth would last and I think it has lasted.
1357
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Ultimately this was now carried through to June 28th of 1997, where
the States have finally grew to about 39 so in the tobacco industry and
the companies now wanted to seek the truth. Truth because for the
first time they are under investigation for fraud and the industries are
under investigation by the department of justice. Second, South
Carolina or North Carolina court chosen by the industry to get the
FDA, affirmed that the FDA had right to regulate nicotine and they
decided to wave with the white flag of surrender of thoughts and come
to a negotiated peace. Negotiated peace was 368 billion dollars for …
and to replace the course associated except the FDA jurisdiction etc.
The last time in block at that meeting on the 28th of June of 1997 there
was a requirement that the attorney generals and my attorneys asked
the Brown & Williamson drop the law suit, drop the intimidation,
drop the harassing, drop the following and Brown & Williamson
refused to drop the lawsuit at the expense or exposure of loosing the
settlement.
And the 39 attorney generals and that is the number one lawenforcement agent of all the states, … and said unless you drop the
lawsuit they would walk out on the 368 billion-dollar deal.
1362
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Ultimately, Brown & Williamson dropped the lawsuit by going to the
chairman of board of the 80 industries, by the way, this is supposed to
be off, and he had given me the OK to drop it.
And we finally dropped on June 20th at the last minute reluctantly by
Brown & Williamson.
Since June 20th of 1997 I have been free to speak my piece of what I
knew. And I had been working directly in terms of understanding how
the industry works and what it does, mostly through looking at the
documents that are produced reluctantly by the industry, they
characterize an archeology of 5 decades of deceit, lawyer …, direct
this regard for public health and safety repeatedly.
Whether it talks about working together, by meeting of the senior
executives, to hide the issue of the health list that we know as the …
file or the project butcher of 1977 or the industry getting together in
1953 in New York City to deal with the issue of smoking and health
as a PR issue, in the formation of TIRC later to become CTR the
council for tobacco research.
And the issuance of the frank statement which basically states that
they would not do anything knowingly that putting a consumer …
have a health risk and they would do all they could do to understand
it. I can tell you that the reviewing millions of pages of documents,
1361
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
literally, for not only the U.S government but also for the … attorneys
and for the federal government of Canada is without hesitation if I tell
that this industry has perpetrated on the consumer of fraud that has
been demonstrated time and time again.
Whether it is the issue of the capacity to make a safe of fire, a fire-safe
cigarette, or its smuggling that is getting cigarettes at a lower price
because they know they lower the price the more accessibility it is to
youth, the measuring of brain waves at 11 year old children, targeting
of females, targeting of 16 year-olds. And all the time swearing in
court, at the same time that they don’t target kids, that their market is
adults, that nicotine is not addictive, or that yesterday, that cigarette
smoking is not harmful, now face with larger lawsuits, the industry
now decided that they want to have a different image, we know that
they can target the children, we are going to take care of your
children, we will take care of your children in the U.S, Israel, China
and throughout the world, we are going to be now more responsible.
Well, I say BS to that. Blowing smoke. For I believe the … has not
changed the spots whether it is the 1950's, the 70's or 2000. They
intend and they know that 90% of the smokers today come from
children and only, if they don’t hook them young they don’t hook
them for life. They know clearly that nicotine is addictive and found
1360
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
very unique ways of delivering nicotine, whether it is on a gate way
product which you can absorb the nicotine by changing the PH, the
nicotine absorbs slowly to the … or now you find a better way of
generating an …that it goes directly in the lungs, to the large surface
area and PH changes to the brain in approximately 6 seconds. And to
think that this industry in this pattern has changed because the stock
has changed and the public focus on that misbehavior has changed, I
think you are sorely mistaken.
They have found new and creative ways of targeting and when you
look at their advertisements saying we are now more responsible with
children and you look at how kids were located, not to find that with
kids fine, and when kids interpret it, it is targeting in more … for them
to smoke, and it shifts the blame to the smoker. This product the
industry has known for 5 decades when uses intended kills you. This
industry has known that the source of new customers has always been
our youth. And that will not change.
The documents that are the repositories that had been
reluctantly produced in the litigation in the United States, give a snap
shot, many of the 33 million pages have not been read and as people
continue to go through the documents they find continued mal fission,
lack of responsibility, targeting of children, clear understanding of the
1361
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
smoking and health issue, lawyer … and management of documents
and it continues and those documents I have to remind you were not
produced by cooperation with the government, were not produced
because they wanted to share this information with the consumer, they
were forced to reluctantly produce because the judges in the courts
said it was mal fission, and it was abstraction and these documents
should be released from attorney … if these documents we see today
and only, were produced in the litigation years ago we would have
different results or in the process that they hide not only the
documents but did they also violate laws of civil procedure, where
documents needed to be produced, the documents that are not
produced should be on a privilege log and wide and now we find
documents that were never put on the privilege log, now we find them
in the repository. So we have at least in my mind, and I share that
opinion with lots of others, a long history and archeology and a
pattern of deceit.
And this industry is not to be trusted because when it is self regulate
itself it doesn’t do the job, it doesn’t have standards of performance,
as I understand it is the responsibility, it knows that the FTC method it
uses to communicate the tar and nicotine, but smokers think that they
get in terms of exposure is grossly understated, and they have done
1362
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
nothing to change it to be more realistic. The FTC method, … 10
milligrams of tar but the cigarette design will allow the consumer to
get 20 milligrams plus depending on the way the cigarette, the design
of cigarette with a last … so it can deliver what the addict needs to get
and then tag that cigarette light with the implication that light means
healthier, again is deceitful. To say that nicotine is not addicting today
is an absurdity in the least words.
To say now that we have a new image and a new presence yet in the
courts at the same time still saying that nicotine is not addictive and
smoking doesn’t kill you and that we cant do these things. I am going
to kind of stop there because I was trying to do a lot recover and I
would be more than happy to go back over anything, detail anything
based on questions and thank you.
Prof. Robinson:
You are really … understand, your profession, so
with the definition that there is no safe cigarette, do you stand behind
this statement and do you think in the future will it be able to
manufacture something which might not be addictive from one point
of view and will really satisfy the people who like to have the
pacifiers you call it in English in the mouth?
Jeffrey Wigand:
I as a scientist and so as a chemist, there is no such
thing as a safe cigarette. Nicotine is not free without, nicotine is a
1363
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
pacify as we know, nicotine is a poison, nicotine is addictive, the
process of smoking brings with it the tar. When you talk about safer
you are talking about reducing the components of the tar which is
basically the burning of the additives, burning of the passed aside
residues, burning the radioactive materials. As you reduce that you
can reduce the biological burn. If you ever take that biological burn
away? No.
So, engineered cigarettes that are in the marketplace today, one
substance engineered cigarette is called Premier, it has now been
integrated to the next generation called Eclipse.
If from the classical testing has zero biological activity, however it
still delivers nicotine and also delivers a considerable amount of
carbon monoxide that we know as directly related to cardio… disease.
So, I don’t think there is a way of giving free nicotine or risk free
nicotine. Should it be … a choice product? Yes, I think so, and I don’t
believe that smoking should be outlawed. I believe the consumer
should be given the information that this industry has diligently hid.
And has not been thought … and neither with the consumer, nor with
the governments. You had a chance to support all its base of
knowledge in the work of this first sergeant general report. What did it
choose to do? They chose to bury that knowledge. They chose to bury
1364
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
it in '88. They continued to choose to bury it and not to be pro active
in sharing that information with any government. Unless it is forced to
do it. And regulations do that. I think to provide a legal product that is
regulated, that has clear understanding what the ingredients are, to
clear, understanding what the risk factors are, should be made
available. And that could be regulated.
I don’t think you have to put this industry out of business, I think
clearly though and absolutely that this is a product that should be kept
out of our youth hands. Should you change the influx? You change the
dynamics of this industry all the time.
Dr. Kelner: You just stated that you don’t want the industry to go out
of business, if their product is that harmful, the question should it be
forced to go out of business just because it is not reasonable or
because like the prohibition in the 1920's or you say well, I cant force
it like the, we could enforce the prohibition laws or is there any other
reason?
Jeffrey Wigand:
Some of what you said is most certainly true, I
think this is a 45 billion dollars, I meant, Israel generates 6 million
Shekels I think a year, the taxes, cigarettes, million, there is the
addiction to that money and I have to be very honest with that, I think
it is also in the states, I mean, there is the issue of that money and the
1365
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
taxes and what you are doing. There is the issue that this industry has
been very profitable in lobbying. We have made this a legal product
by the absence of regulations for many years. You would make it
extinct by shutting off the influx of kids. OK? I don’t think you are
going to shut down the addicts today and make it illegal, then you start
I think another issue of the smuggling and the black boot lady in
prohibition. I think if you educate our children better to deal with how
the industry manipulates them, of how this industry hooks them on
image, what girl who is 13 years old does not want to be thin? Who
does not want to be beautiful? Who does not want to be like the adds
and the slim cigarettes and the … Monica, have a cigarette rather than
a sweet, and what is the message there? And how the industry follow
that in the developing process of young women? It has. And of you
look at what happened in 1926 with Marlboro towards what is going
on today, that is the industry's ability to capture women, is clearly
manifest in the statistics we see today. No longer is breast cancer is
the number one killer of women, it is … I know cause number to the
lung which relates to the smoking of light cigarettes and capturing that
segment.
Back to your question I don’t think you will make it illegal, I think
you can regulate it, you can train our children and educate our
1366
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
children to be more cognoscente of how this industry works and what
it does, control advertising, you have no access laws in this country,
perhaps it should 18. Maybe it should be 21, should we criminalize it?
I don’t think so, I think it is late for that. But a clearly mandate but a
past performance what is going on that we need to, where government
is, is to involve ourselves where we need public health and safety and
regulate this industry. Tell us what the additives are. Tells us where
the ventilation spots are, when you know the ventilation spots only the
fingers and the mouth lock it and it cheats the test. Change the FTC
and … methods, so it is reflective.
Create the knowledge base. In the US we, what TV allowed under the
… doctrine count the advertising to cigarettes. Cigarettes sales went
down by 14%. Guess what the industry decided to do then? We don’t
want anymore advertising on TV, because what it is doing is when we
have this … we are loosing because the truth shines out. Shine the
truth out. Show our children the documents, circulate these
documents, and restrict the access to it. Provide sensation clinics for
the adults that are addicted as children. As part of healthcare
insurance.
Provide them the mechanism to get back to … status. One year after
quitting smoking a patient or an individual can have the same …
1367
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
status as a non smoker. By getting on a nicotine replacement therapy
or getting into a … linked with behavior modification.
Have advertises with law. When the state of Florida used its money
from the settlement in counter advertising guess what happened?
Attitude has changed. The truth works.
What did the industry do in the second settlement? Well we don’t
want those negative adds so we are … the body bags and the line, they
wanted those … out. And they made it a part of it.
So use some of the revenues that comes from the taxation to invest
back in the future.
You are barking upon sewing this industry in this country. The only
reason why sewing and litigation worked in the U.S is because our
government didn’t do anything and we have a paradox still in the
States. We have one arm of government supports the … in and paying,
and we have the other part of our government says we need to protect
their health and we don’t know what is going on in between and I
would suggest you may want to learn something from that. …
Judge Gilon:
Farmers,
Jeffrey Wigand:
You don’t have the farmers. Yea, I would say raise
the tax, raise the price. Part of that … from tax put into research and
1372
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
how you get cessation better for children, how do you create better
programs? How you get cessation for adults?
Reinvest part of it. The taxes.
Judge Gilon:
Our children, I want to ask you as a teacher, you
told us that … is it allowed in the U.S to smoke at schools?
Jeffrey Wigand:
No. Smoking on campus by either the faculty or
the students within the parameter define by the school is prohibited.
Judge Gilon:
Building without smoking?
Jeffrey Wigand:
That is correct.
Judge Gilon:
Without, no corner for,
Jeffrey Wigand:
No spot on this campus to smoke at school.
Judge Gilon:
The age of 18?
Jeffrey Wigand:
Yes, in some cases. The age of 18. Generally
collage starts at 18-19, but generally the kids starts out at … years of
our age to go through the, they will end up being 17, 18 in the last
year of school.
There is no smoking on campus, and again teachers are the, our role
models. As I also understand here in Israel you have smoking on your
school campuses.
Children love to emulate. Children love to monkey see monkey do. If
you on one hand telling children here don’t smoke and their teacher
1371
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
who is really, if you look at the one person in anybody's life that has
the most dominant effect on outcome is the teacher in school and if
the teacher in school smokes and then the next teacher over here is
teaching health, the kids confuse.
They go home to an environment in which their parents smoke, don’t
smoke but here mom and dad smoke and I heard that today too.
So, we need to do, we are not going to be able to change the home but
you sure can change your school systems here.
Judge Gilon:
As a teacher, you are not smoking yea? Did you
ever smoke?
Jeffrey Wigand:
Yes I did, did I ever smoke? Yes I did. I smoked
when I was a 16 years old youngster. I came home smelling of smoke
and tried to tell my mom I wasn’t smoking and I think you know what
happened with that one.
Judge Gilon:
We all began the same way.
Jeffrey Wigand:
In the university environment I decided to smoke a
pipe because I thought it was very professorial. When I joined the
tobacco industry I started smoking because of the availability and I,
yes, the whole issue I had really had the smoking experience. After 10
months in the industry I quitted smoking, that's because I saw some
documents that scared the hell out of me and I thought I knew it all
1370
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
and I started seeing things and I was becoming, I felt, depended on
something, addicted to it, and that created one … war in the company
when I stopped smoking. Because I was the head of research. So I
stopped because of information I learnt, I have spent roughly about 10
months I would say in my total life I probably used smoking, I packed
used smoking probably 5 to 6 packed years maybe.
Judge Gilon:
I ask you because we have lots of evident
testimonies hearing in front of the committee telling us that the pupils
and the teachers are smoking together at school and on the corner
because there is no law here that schools are out, without smoking
buildings. Buildings without smoking. And I want to ask you, teachers
in the U.S if there is a law … they can not smoke inside the campus as
you told us, what the teachers that smoke, what are they doing?
Jeffrey Wigand:
Well, they, like me I went to school at 6.30 in the
morning and I finished at 3.20 in the afternoon and if I was a smoker I
couldn’t smoke from the time I got on that campus till the time I got
out off, in my car going home. In the faculty that I … part of I cant
remember of the 72 teachers if any of them smoke. And smoking was
not permitted on campus but if they did smoke I didn’t know about it.
I can smell it, I can tell you who smokes what by smelling it. And I
can tell you who smokes Marlboro and, just by the aroma.
1371
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Judge Gilon:
Like wine, yea?
Jeffrey Wigand:
Like wine, yes.
Prof. Robinson:
Following the experience, the nicotine pads, and
the whole subject of … what did you, what are differences in your
experience?
Jeffrey Wigand:
Well, I can tell you that Brown & Williamson
looked, BAT looked at buying a nicotine pads company and
developing socially acceptable nicotine delivery systems not for
cessation . But they are in the nicotine delivery business, but wee
know that nicotine replacement therapy in conjunction with the drugs
… plus behaving modification, that is that if smoke a pack of
cigarettes a day you are going to not only through the addiction
process and people basically smoke to continue fighting … of
nicotine. What you need to do is remove from that process not only
the dependency on addictive drugs but also now change the behavior
patterns.
You smoke a pack of cigarettes you are doing some, a repetitive
process, 200 times a day, you are tapping it, you are doing all the
ritualistic things to go with it, so you need to learn how is the
difference in behavior modification. We know from studies now that
when you take nicotine replacement therapy pads, gum, nasals, or so
1372
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
plus … band which block the receptive in the brain plus behaving
modification we have substantially increased success in cessation.
However, that works very good with adults but does not work at all
with our youth. We have, I mean in my best knowledge and I am not a
physician, we do not have the appropriate level of therapy for
children. If we have a 12 year-old addict, smoker, we don’t have
anything on tool box to do something with yet, and we now know
from the … study which was recently published, you can take one
cigarette in one month and once a month to addict you.
So the younger you are you start the more heavy the addiction is, the
hardest it is to break and the least tools we have for this kid.
And … time you just start at 11 years old by the time you are 18 you
are hooked, and you are hooked bad, and our … work plus zie
band(?), I understand you do not have it yet in this country and that is
something, I think there is, I mean, again, there is that needs to be
more research and I would urge you also to engage in that kind of
research, … works that is blocking the receipt … decreasing the
reaction associated with nicotine dependence.
Particularly for the … in the U.S 25% of our pregnant women smoke,
I don’t know what your rate is here. I would submit to you that if you
look at … intensive care unit of a smoking mom and what it cost to
1373
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
you to keep that baby there it's sure word that 200$ or 226$ associated
with the medical schools do not embrace addiction training nor do
your … programs, do your physicians, whether they may be …
council directly in assertively those who are addicted.
Do you have centers of addictions of cessation? As far as I understand
it from my limited visit you do not and these are many things that
could be done. But I mean adding on to your, you have different
cessation programs for 13 years old vs. 23 year-old and my experience
and what I read the answer to that is yes. Is it worth it? I would think
so. What does a heart attack cost you? The 200 and some what dollars
to getting somebody off cigarettes and that addiction you can bring
them back in one year at the same … what is one test cost? What is
one … cost? Will it worth it?
I will tell you where to fund it from- raising the tax.
Mrs. Arbelly:
I want to ask two three questions but my English is
not good. First of all I want to know that if the nicotine is important,
import to the US or they grow it in the US?
Jeffrey Wigand:
Nicotine? Tobacco.
Mrs. Arbelly:
This is the first question and the second question is
after it was proved that the nicotine and smoking it makes damage to
the smokers, the … what do you say about if it will be criminated like
1374
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
the using of drugs also the smoking? The man or woman who smoke
it is a criminal offense. And the third question is what do you suggest
for … after you know that what is going on here, to do more than,
what do you suggest for the committee to suggest for the minister to
do more than we are already do?
Jeffrey Wigand:
That is a dangerous question as you realize, I
mean, I don’t have a prescription. Please do quote me. And I must say
with the benefit of only several days of understanding what goes on
here, but let's go back to your first question. Tobacco …
Tobacco, basically it is grown in the US blended cigarettes come from
the US, Brazil, Central America, Zimbabwe and then China of course
produce, I understand in Israel also produces a limited amount of
tobacco but basically exports that and imports tobacco for cigarettes
manufactured here. Am I correct in that? One factory and you
produce, you have in Israel what is called the blended cigarette, the
US blended cigarette, blended cigarette means it is a mix of three
types of very specific tobacco, Pluckier tobacco which is relatively
high in sugars and low in nicotine, Burley tobacco which is relatively
high in nicotine and low in sugars and oriental tobacco which is …
which comes from Greece and Turkey and areas like that and they are
blended together. A Marlboro here a Winston here is roughly about
1375
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
60% tobacco and about 40% junk. I mean junk is non, it is tobacco
related but it is processed tobacco in form of reconstituted tobacco,
stems expended tobacco etc. and I can actually I have got cigarettes
here should we want to go through a classroom exercise like I did to
the pupils for TV last night which were quite surprised what they
couldn’t see …
So, tobacco comes the way you blend the cigarette, it is the way you
manipulate the nicotine by choosing and taking the leaves, you know
what the leaf content is of nicotine, you know what the sugar content
you add to it, chemicals are facilitate to transfer nicotine around the
road and ultimately what you have is a uniformed product that comes
out that is a blended cigarette of roughly about 40-50-60 percent
tobacco and the rest add-ons.
Tobacco is varied of where they are grown they are very … dependent
that is you must fertilize them a lot with nitrogen sources, nicotine is
synthesized in the routs and there is a part of it in the leaves, the
higher the leaves are on the plant the greater amount of nicotine, the
higher the price. The greater the blending component. The blending,
by the way, is one form of manipulation, by choosing tobacco blends
where is it that you get tobacco when you import cigarettes like
1376
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Marlboros and others? I imagine they are coming either manufactured
in Belgium or manufactured … and they are fairly consistent.
Your local product I don’t know where the speckle comes from but I
mean there are ways of telling that, I mean you can start at import
records. I mean they are coming from our, there are, some of them
come from the States, American blend means that it has … oriental
and Burley and that's called a blended cigarette vs. the Virginia
cigarette that is sold in Canada and the U.K which uses just all
Virginia tobacco.
But I, and also I noticed on your pack of cigarettes it says for adults
only now. I mean, I don’t quite understand that.
I think you have a special marking here in Hebrew, the first time, it
was just brought to my attention. I don’t think I have seen it anywhere
else, so tobacco is coming from all of that. Chinese tobacco is
traditionally a very important and … tobaccos and very cost tobacco.
The best tobacco that is produced from a nicotine content point of
view which is the basis by which cigarettes work comes from the
States, South America and Central America. I am sorry, your second
questions is drugs in terms of nicotine is a drug or drugs in general?
Nicotine clearly is an addictive drug and it is by any definition is a
drug, it does create structure function changes just like a drug. When
1377
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
the industry tried selling cigarettes without nicotine you know what
happened to them? No body bought them and I am sure that if you ask
Philip Morris they can tell you what happened to … they didn’t sell,
do you know why?
People don’t buy cigarettes for smoking flavor. They are buying
cigarettes for one and one only one reason- is to get the nicotine.
Should nicotine be made illegal? My answer to that is no, but I believe
you should regulate it. And because nicotine is a drug it should be
regulated.
You regulate Penicillin, don’t you? You regulate nicotine replacement
therapies here or it is all … ?
I think by regulating the product, OK? You would be regulating the
nicotine. I would clearly list nicotine as a drug.
Judge Gilon:
What do you mean by regulating this? A
prescription to buy cigarettes?
Jeffrey Wigand:
No. No, that is my prescription next in the border
sense of prescription. Prescription for it, what would I think after such
a short period of time which probably will get me in trouble, I think
the … one thing I think is important, I think you owe it as well as I
owe it is to your children's children's children. And provide systems
1422
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
and practices and legislation that protects these children from being
taken advantage of.
And clearly industries are taking advantage of them for many many
decades.
How can you do that? Labeling the product, what is in the product,
every time tobacco is manufactured it has all the other … thrown in, it
is not sterilized so it has all of natural bacteria that come in the soil,
what … bacteria? Do you know? Did you know that what is added,
and what is added for what?
And I think that is clear. It is a list of additives.
What is the level of nicotine will get you addicted? What are the true
values change the FPC method, what is the true delivery of whole
light cigarette? If somebody buys a light cigarette they are thinking
they are getting some sort of health benefit, and in fact they are not,
they are getting something just as equally dangerous if not more
dangerous and the industry knows that, and it is knowing their own
records. And is not sharing that.
So light cigarettes are no big deal for anybody so people need to
clearly understand and in fact maybe you want to even … the use of
the … light. And ultra light. I would … tobacco smoking in use where
children are. I would move to smoke free environments in
1421
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
governmental offices. If the government is going to protect the health
it is going to demonstrate it in some way. I would raise the tax on a
product, I would clearly not allow the tobacco industry to take care of
our children like they want to do and if you look at the campaigns that
are going on in the U.S we are new now, we are going to give to the
hungry, you are going to feed the thirsty, we are going to cloth the
naked, we are going to give to the arts but that is going to give us a
continued license and legitimize us continue to kill 200,000 people a
year. For me that doesn’t work, you should not let it work here. I think
there are mistakes to learn. We may not share mistakes in the States.
We still are making them. I think there are some things to learn, I
think the labeling that you see in Canada, the graphic 16 rotating
graph that shows to … will have a dramatic impact and not only those
before starting initiating but also those in terms of quitting. So graphic
designs are on the package, you can put in English, Hebrew and
Arabic, what else, make cigarettes fire safe. They are doing it in the
States, lights are all fire safe, why not have it here? Do you have any
fires created by cigarettes? So make a fire safe cigarettes standard.
How the industry release these documents that is reluctantly
protecting and share its … science and its advertisements science that
they view so effectively to manipulate kids, so the counter advertising.
1420
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
I saw some of your counter advertising today. I will also tell you that
areas that have and I don’t, I may say this wrong, by the state of Utah
has the lowest smoking rate in the world. Because there is a linkage
between healthy habits and faith.
And I think there is a,
Tape 2, side A:
Jeffrey Wigand:
Going through the faith issue. I don’t know, there
is a way to do that, but I think that is important in terms of life style.
What we did in Florida, standards for teaching about tobacco and its
issues and continue teaching it passed the 6th grade, maybe a part of
teachers standards, and … like we did today. Teach children how to
make better decisions by evaluating data to information rather than …
on the decision.
When telling an 11 year-old child don’t smoke it is going to kill you to
me, my opinion, it is a waste of time. But allowing them to understand
how to manipulate it and how to make healthy choices and what do
you say about what giving the capacity to make decisions of course all
forms and basis. Is that enough?
(Answering a question)
1421
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Well, raising the tax- raising the price, so there are actually number of
ways if you take, if you not only raise the tax and the price with the
vision of using a part of it for more constructive directions to health
care cessation programs education programs you also increase the
barrier by which children can access to … this is what we have in the
states and at least what we see in Canada. What we need to do in a
world wide basis is de-normalize tobacco. Two days after the …
settlement the price increase went through and within 5 years that
price increase will pay for the whole 248 billion dollar settlement and
the rest becomes a profit stream.
And if would be a part of that settlement it doesn’t mean I … to all
elements of it, it is not perfect of many ways.
However, what it did too for whatever else it is shown a… on
documents that you never have seen any other way, and there are
more documents to be seen that continue to militate the regulation of
this industry and show of growth. Growth …
When the companies' executives get together and conspire to hide the
health effects and the health issue is that something we want to have
happened again?
And I think that this is something we see, to smuggle, to beat price,
and that came out of the documents.
1422
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
The scientific studies of biological stage on children alone and
behavior is enough to make it ill. Of a product by the way which is
only intended for adults. We think, no it's not. And I am pretty strong
at that, I am pretty passive about it.
I mean, I have no problem with how the lawyers played their role on
my side to get things done. In terms of bringing and shining a light on,
I think it is now the responsibility of government to do the right thing.
And government means rates, set the regulations to this industry, it
has never been really regulated before and try to follow … exactly
what Canada has done. Canada wrote the right law, not because I
work for the Canadians, in 1997 they gave me the ability to equalize
the tax, the ability to change the labeling, the ability to redirect some
of the tax money into education program, not to just build roads and
bridges so there is a relationship between the use of a risky product
and some ways to help those that got caught early on. I have
absolutely no sympathy for an adult who chooses at 25 years old and
assume they have the capacity of old enough to choose to do it. You
take a Bangui cord and you jump down and the Bangui cord breaks,
guess what?
1423
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
But when you manipulate an 11 year old child to think she would be
sexier, be successful, be more athletic, stay thin- that is a crime in my
book. And that was has happened to us. And that what needs to stop.
And I have to say you could take the first step. It is going to be a long
step but this industry truly by its past out of its behavior needs to be
regulated and the product needs to be regulated. Not make it outlawed.
Judge Gilon:
If you read the statement of the … gave us this is
exactly what I am saying. I am saying that doubts … grown up and we
can … and they told us that they want to have the government all over
the world, not only in Israel, to stop because smoking of youth it is
exactly what you are saying.
Jeffrey Wigand:
I don’t think I have said that. I would not trust this.
I am unable to believe this. This is I think is more hopeless purpose.
This is the same method, the same spots … a different song(?), if you
look at their advertisements in the U.S to the children, it is more than
… to the children to smoke and pushing the blame on the kids.
They are not helping it, stay away of my kids quite frankly. Let us
manage our children. OK? You manage the truth a little bit better, you
manage the lawyers a little bit better. Leave us to take care of our
children.
1424
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
You have shown for 5 decades how you take care of our kids. So, I
don’t agree with this, I think it is a lot of smoke, it is BS, blowing
more smoke, I don’t believe that the adds are effective, the adds are
affected in … in the US are done by kids. The state of Florida … 54%
reduction in smoking through the, oh, one thing I … involve your
youth. Youth work … youth mentally has been shown to be highly
effective even in states which we would consider the poorest states.
The state of Mississippi, which probably is not recognizes for its
intellectual titles, is not recognized for its literacy or any of these
factors, has now effective, their youth where with other youth,
40%, Florida 54%, Massachusetts 19%, do you know it is done? They
raise the price, they increase the awareness they want to regulate the
product which the industry will fight like hell at, so I tell you right
now, if you try regulating- watch out, they … coming. Just like …
look what California did, look at the adds when the advertisement was
consistent and look at the adds in the industry, look at the counter adds
and look what happened. Counter advertising works. The CDC
without governments best practices with. … what is the best of what
we have done, … we did, it is pretty stupid, take some other things at
Canada, and you will create a new model. But this is, I mean, this is
the same old propaganda. Not a letter has been changed. I am sorry.
1425
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
Today … they would compromise in the US, project … we need to
now, go find out some more than done in the block and the … and the
poor. Let's go to 3rd world countries, do you want the documents? I
will give to you.
If you need the Philip Morris's documents that says, … people are
getting respondent because of its imagery, we need to do some PO
work.
Dr. Kelner: Another question, thank you very much for all your
comments, but … orders to proceed … and from the experience that
we heard … association and other … it is very difficult to …
parliament, some of them are smoking, some of them maybe get some
connection with the cigarette companies, so it is very difficult to work
on them to make the … and also if you succeed to the … is really who
is going to be responsible for the inter-medication? What is your
experience and sorry about that, I really want to know it from you
what we have done.
Jeffrey Wigand:
There is a lot more to do.
… agreement I told you about? The 368 billion dollars? It was
something to approval by the US congress. Within the period of 4
months the industry has spent 50 million dollars of advertising saying
that you regulate the industry, that we put people out of job and taking
1426
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
away freedom of choice and what did our US congress do? They …
until it eventually died. And now we got the second one.
I think you have to have a little bit of, the guts to make the right
decision here.
What is right to do? I mean I think as somebody who smokes to make
the right decisions for your children, you should, the problem is the …
power is pretty hide, this industry does not want to be regulated, it will
do everything they can to avoid regulation and has done in the States.
Our congress was even charged for 5-4 decisions of the US Supreme
Court to write the right law, … part of it is election and we'll see what
happens.
I think the model in Canada, again, I am sorry to tell Canada, which is
about, Canada has done some things that are tough. That label law,
just was tested on the Canadian Supreme Court and the law had
helped. The British Colombian government when they lost the suit,
and sewing the tobacco for 2 billion dollars to help their cost, lost it on
an issue of what is called territory alley. As they couldn’t bring in
BAT and all the foreign companies and get the access to the records
and what is not so they lost the lawsuit. What did British Colombian
government do? They went back and rewrote the law and two days
after rewriting the law guess what they did. They restarted to sew.
1427
‫משרד הבריאות – ועדה למניעת עישון‬
05.7.22 ‫ישיבה מיום‬
I think there are some models out there in terms of what to do. In
terms of legislation. It is not easy. For me to tell you it's easy, I would
be blowing smoke.
But I have to believe that you believe that you can do the right thing. I
think with that you can also make the recommendations clearly to
your legislative body to do the right things.
Is it right to have the product regulated in a certain way? Is it right to
have the consumer have a realistic number or an … number? Is it right
to have your schools smoke free? Is it that way you need to protect
your children? I will come talk to, to try to explain to them why I
think it is important.
I will say that the lobby methods in this industry which is very
profitable will be very substantial. Just by having all their lawyer here
… and every meeting they are. They do not want that. And I would
say have the courage of conviction and make it happen, it is the right
thing to do.
Judge Gilon:
I want to thank you, it is very important to us to
hear, to learn from your experience and I think we have to go home
and make our homework and think about and it doesn’t … about talk
to you, your testimony included, I really want to thank you and I want
to thank Sherutei Briut Klalit for bringing you to Israel and we just,
1412
‫משרד הבריאות – ועדה למניעת עישון‬
‫ישיבה מיום ‪05.7.22‬‬
‫‪we got a hike on them. And I want to close this meeting by saying‬‬
‫‪Shana Tova.‬‬
‫אז אני מברך את כולם בשנה טובה והישיבה הבאה של הוועדה בראשון‪ ,‬בשנה‬
‫הבאה בראשון בנובמבר‪.‬‬
‫‪The End‬‬
‫‪1411‬‬