The American Tobacco Company
Oklahoma Request Number Designations and Document Descriptions
The text of document requests, letter requests, and court orders from the
Oklahoma action is below. The documents produced by the American Tobacco
Company in response to document requests and letter requests were
determined by court orders, applicable law, and agreements with the
plaintiffs in that case.
[YES] Please produce copies of all documents, pleadings, briefs and
otherwise produced or generated by you in the Peters v. Brown &
Williamson case including the privilege logs generated therein.
[YES] Please produce copies of any and all Brown & Williamson Field
Manager’s Reports.
[YES] Please produce a full and complete copy of the document entitled
"Final Report on Hippo I".
[YES] Please produce a full and unredacted version of the May 26, 1970
document from H. Wakeham to Earle Clements, attached as exhibit A.
[YES] Please produce a copy of the February 26, 1980 speech entitled
"Remarks of Wilson W. Wyatt, Jr.", which was given at the B&W National
Sales Management Meeting in Dallas, Texas.
[YES] Please produce a copy of the February 26, 1983 document entitled
"Remarks Prepared for Dr. I.W. Hughes - Chairman Brown & Williamson
Tobacco Corporation, February 26, 1983 before the BATUS Board of
Directors - Ft. Lauderdale, Florida."
[YES] Please copies of any and all documents pertaining to each Tobacco
Strategy Review Team (TSRT) meeting as well as each directive, guideline,
policy, or procedure promulgated by the TSRT since its inception, that
were not produced in the Minnesota litigation.
[YES] Please produce copies of any and all documents pertaining to or
submitted for discussion during the Chairman's Policy Committee (CPC)
meetings as well as any meetings of its subcommittees from the date of
its formation to the present which were not produced in the Minnesota
litigation.
[YES] Please produce copies of any and all notes, minutes, reports,
summaries or directives arising out of visits or other personal contacts
between directors, officers, or management level:
of Brown & Williamson Tobacco Corporation and those of BATUS Holdings,
Inc. and BATUS, Inc. between 1976 and the present where smoking and
health issues and/or the corporate structure of the BAT Group companies
was discussed;
of Brown & Williamson Tobacco Corporation and those of BAT Industries,
plc between 1976 and the present where smoking and health issues and/or
corporate structure of the BAT group companies was discussed;
of Brown & Williamson Tobacco Corporation and those of BATCO between 1976
and the present where smoking and health issues and/or corporate
structure of the BAT Group companies was discussed.
of Brown &Williamson Tobacco Corporation and those of the American
Tobacco Company between 1976 and the present where smoking and health
issues and/or the corporate structure of the BAT Group was discussed;
of BAT(H) and those of BAT Industries, plc between 1996 and the present
where smoking and health issues and/or corporate structure of the BAT
group companies was discussed.
[YES] Please produce copies of any and all documents that explain reasons
for BAT Group Corporate changes that took effect in January 1996. This
request includes in its scope those documents that explain the reason for
the formation of BAT(H) and its intended/actual corporate role. (This
request was consolidated with Request No. 13 pursuant to plaintiffs at a
meet-and-confer held on May 28, 1998.)
[YES] Please provide copies of any and all documents wherein any officer
or director of BAT Industries plc and/or British-American Tobacco
(Holdings) Limited (BAT(H)) and/or BATUS Holdings, Inc. and/or BATUS,
Inc. gave specific directives to Brown & Williamson Tobacco Corporation
to perform product research and development in specific areas, not
produced in the Minnesota litigation.
[YES] Please produce copies of any and all documents in B&W's possession
or control which discuss or set forth any policy or procedure utilized in
making communications with any other BAT Group organization or policies
and procedures utilized to avoid direct and traceable communications with
any BAT Group organization by Brown & Williamson Tobacco Corporation.
[YES] Please produce copies of any and all documents that explain reasons
for BAT Group Corporate changes that took effect in January 1996. This
request includes in its scope those documents that explain the reason for
the formation of BAT(H) and its intended/actual corporate role. (This
request was consolidated with Request No. 10 pursuant to plaintiffs at a
meet-an-confer held on May 28, 1998.)
[YES] Please produce copies of any and all minutes, records and other
documents wherein Sir Patrick Sheeny or Ulric Heater gave specific
directives to Brown & Williamson Tobacco Corporation to perform product
research and development in specific areas.
[YES] Please produce copies of any and all documents referring or
relating to Y-1 in the possession, custody or control of B&W, including
but not limited to any and all correspondence between B&W and BATUS
Holdings, Inc., BATUS Tobacco Services, Inc., British-American Tobacco
Company, Ltd., BAT Industries, p.l.c., British-American Tobacco
(Holdings) Limited, or any other BAT Group entity primarily involved n
the tobacco business referring or related to the research, development
and/or production of Y-1, that were not produced in the Minnesota
litigation.
[YES] Please produce copies of any and all business files of Raymond
Pritchard maintained by him in his capacity as a member of the B&W and/or
the B.A.T. Industries, p.l.c. Board of Directors, not produced in the
Minnesota litigation.
[YES] Please produce copies of any and all versions of B&W or any other
BAT Group Company corporate code/statement of ethics, code/statement of
business conduct or code/statement of conduct (including drafts thereof).
To the extent responsive documents have been produced in the Minnesota
litigation, identification by bates range will suffice.
[YES] Please produce any and all documents regarding any policy on
smoking and/or policy on smoking and health promulgated, adopted,
rejected, modified or followed by B&W, which were not produced in the
Minnesota litigation.
[YES] Please produce a copy of the August 21, 1979 memorandum from B.L.
McCafferty to D.S. Johnston regarding "The Intelligence Survey: Impact of
Distribution Problems on RICH LIGHTS' Share/Recommendation" which was
produced in the Dewey case. The bates numbers are 660006699 - 660006704.
[YES] Please produce a copy of the January 30, 1976 memorandum from
Michael McCue to Mr. J.W. Groome regarding "Recommendation for VICEROY
Lights" which was produced by B&W in the Dewey case. The bates numbers
are 680086517 - 680086521.
[YES] Please produce a copy of the December 8, 1977 memorandum from S.A.
Kightlinger to A.R. Nagle regarding "Final Report Cigarette Smoking
Consumption Data (Project #1 977-259)" which was produced in the Dewey
case. The bates numbers are 680085412 - 680085438.
[YES] Please produce a copy of the January 18,1979 memorandum from A.G.
Forsythe to D.S. Johnston regarding "Second Quarter Pop-Up Coupon
Recommendation" which was produced in the Dewey case. The bates numbers
are 660030233 - 660030241.
[YES] Please produce a copy of the 1979 report entitled "Cigarette Brand
Imagery, 1979: Smoker & Self Descriptors" by Ted G. Sommers Marketing
Research Services Brown & Williamson Tobacco Corporation which was
produced in the Dewey case.
[YES] Please produce a copy of the document entitled "Recommended 1978
Rich Lights' Promotion Plan" which was produced in the Dewey case. The
bates numbers are 660086378 - 660086380.
[YES] Please a copy of the document entitled "Advertising Awareness
Study" which was produced in the Dewey case. The bates numbers are
680082868 - 680082914.
[YES] Please produce a copy of the March 1, 1976 memorandum from M.J.
McCue to J.W. Groome regarding the "Recommended Plan for Introducing
Viceroy Lights." The bates numbers are 68008456 - 680086460.
[YES] Please produce a copy of the document entitled "Financial
Guidelines - 1995" dated June 19, 1995. The bates numbers are 191002124 191002128.
[YES] Please produce a copy of the document entitled "10 year plan
Capital Requirement" dated June 20, 1995 authored by W.A. Nestmann and
received by J.A. Eckmann.
[YES] Please produce a copy of the document entitled/referring to "10
year scenario" dated May 18, 1995 from L.L. Gilbert to the Executive
Committee. The bates numbers are 191002134 - 191002151.
[YES] Please produce the document entitled/referring to "Key Issues and
Guidelines" dated 6/23/97 authored by N.G. Brookes and sent to H.C.
Barton. The bates numbers are 191002161 - 191002162.
[YES] Please produce a copy of the document entitled "Airbus Technology
Review: Tangentially Related Competitive Patents" authored by R.R.
Johnson and dated July 25,1988. The bates numbers are 570223330 570223360.
[YES] Please produce a copy of the letter from A. Dieing to Robert Welsh
at Quest International dated September 8, 1988. The bates numbers are
605124984.
[YES] Please produce a copy of the note to Graham Smith from A.C. Dieing
regarding Pantile Valerate dated July 22, 1993. The bates numbers are
605126140.
[YES] Please produce a copy of meeting notes written by Jack Leffingwell
and dated October 20, 1987 regarding the "Secret of Marlboro." The bates
numbers are 620098011.
[YES] Please produce a copy of the July 29, 1971 report entitled
"Analysis of Janus Condensate Solutions" by B.B. Chakraborty and R.E.
Thornton. The bates numbers are 657006561 - 657006590. NOTE: This
document also has a handwritten note reading: "Dr. Esterle, This report
wasn't on the list to pull. Should I leave it in? PULL."
[YES] Please produce a copy of the September 19, 1977 memo from D.A.
Litwin to E.T. Parrack. The bates numbers are 666094281 - 666094284.
[YES] Please produce a copy of the May 22, 1969 memo from H.A. Parish and
"CC" to E.P. Finch, J.W. Burgand, A.Y. Yeaman and Frank Judd. The bates
numbers are 687038510 - 687038515.
[YES] Please produce a copy of the Report entitled "PM's Global Strategy:
Marlboro Product Technology" compiled by D.L. Gordon and dated October
26, 1992.
[YES] Please produce a copy of the document entitled "Summary of Comments
on B&W Strategic Direction". The bates numbers are 516012559 - 516012563.
[YES] Please produce a copy of the report dated April 22, 1981 entitled
"Expanded Tobacco - G-13 - Diet". The bates numbers are 654023771 654023797.
[YES] Please produce a copy of the document entitled "Tobacco Institute
Draft 1 NYC Tobacco Bills" dated March 26, 1985. The bates numbers are
680531499 - 680531501.
[YES] Please produce a copy of the document entitled "Brown & Williamson
Tobacco Corporation - Strategic Review". The bates numbers are 523001233
- 523001245.
[YES] Please produce a copy of the document entitled "Root Technology Decomposition Products - Report No. RD 2203" dated November 26,1991. The
bates numbers are 570264615 - 570264667.
[YES] Please produce copies of any and all documents which were presented
by the participants of the "Structured Creativity Conference" on June 25,
1984.
[YES] Please produce copies of any and all documents related to marketing
plans or strategies for Misty cigarettes.
[YES] Please produce a copy of the October 1967 Research Report FE-40
authored by K. Depps which reviews the biological activity of smoke
condensate from St Pauli cigarettes.
[YES] Please produce copies of any and all documents referring or
relating to Project Kestrel.
[YES] Please produce copies of any and all documents
authored by, copied to, or sent to Dr. Irwin Tucker,
Irwin Tucker’s name is stated, which relate or refer
and health or advertising, marketing or promotion of
from the files of,
or in which Dr.
to issues of smoking
cigarettes.
[YES] Please produce copies of any and all documents relating or
referring to the Liggett XA or palladium cigarettes.
[YES] Please produce a copy of Report No. L-1 32-R.
[YES] Please produce copies of the minutes of the Additives Guidance
Panel meeting on April 9, 1965, the Additives Guidance Panel notes of
January 25, 1967, and the Additive Guidance Panel Minutes of February 11,
1969.
[YES] Please produce a copy of Report No. B-23.
[YES] Please produce a copy of Report No. L.856-R.
[YES] Please produce a copy of Report No. RD884-R.
[YES] Please produce a copy of Report No. B-29
[YES] Please produce a copy of Report No. B-30.
[YES] Please produce a copy of Report No. B-32.
[YES] Please produce copies of any and all documents entitled "Imperial
Tobacco Project T-8077."
[YES] Please produce a copy of the report of Felton of British-American
Tobacco Co., Ltd. referring to his visit to Battelle Institute on April
22-24, 1975.
[YES] Please produce a copy of the letter dated August 27, 1986 from E.E.
Kohnhorst to the Secretary of BATCO.
[YES] Please produce a copy of the letter from I.W. Hughes which is
referenced in the January 9, 1985 memo from M.J. Hardwick to A.L. Heard.
[YES] Please produce a copy of the proposed note for submission to the
D.H.S.S. regarding studies on diethylene glycol that was referenced in
the February 11, 1977 letter from S.R. Evelyn to D.G. Felton.
[YES] Please provide a full and complete copy of the document regarding
"Extracts from A Record of Discussions in USA and Canada by the
Director", attached as exhibit B.
[YES] Please produce a copy of the April 1, 1963 note from Sir Charles
Ellis to Mr. Hobson concerning his proposed visit to Geneva in the near
future.
[YES] Please provide a full and clear copy of the document attached as
exhibit C, which is a picture of a Volkswagen Beetle used in the Brown &
Williamson "Beetleboard" campaign.
[YES] Please provide a full and clear copy of the document attached as
Exhibit D, which is a 1971 newspaper advertisement for Silva Thins
cigarettes.
[YES] Please provide a full and clear copy of the document attached as
Exhibit E, which is a 1971 newspaper advertisement for Silva Thins
cigarettes.
[YES] Please provide the November 1989 and the 1990 Tobacco Strategy
Review Team minutes which are referred to in the New York Times article
attached as Exhibit F.
[YES] Please produce copies of all press releases including drafts
thereof, referring or relating to cigarettes, tobacco or smoking issued
by or on behalf of defendant to present that were quoted or referred to
in publications published, distributed or circulated in the State of
Oklahoma since 1953. For each press release please identify the
publication(s) in which it was quoted or referred to and the date(s) on
which it was quoted or referred to.
[YES] Please produce copies of all advertisements (product
advertisements, editorial advertisements, position statement and
advertisements, etc.), including drafts thereof, placed by or on behalf
of defendant in publications published, distributed or circulated in the
State of Oklahoma since 1953. For each advertisement, please identify the
publication(s) in which it ran and the date(s) on which it ran.
[YES] Please produce copies of all letters or correspondence, including
enclosures, from defendant to customers, to educators, to public health
officials, to members of the general public and to government officials
(regulators, legislators, etc.) generated since 1953 by defendant's
customer affairs department, consumer affairs department, customer
affairs department, consumer affairs department, customer relations
department, consumer relations department, public affairs department,
public relations department, etc. If such letter or correspondence were
generated in response to an inquiry by a customer, an educator, a public
health official, a member of the general public or a government official
(regulator, legislator, etc.), please produce copies of such inquiries.
Representative inquiries and letters/correspondence that would be
responsive to this request are attached as Exhibits A, B, C. D and E.
[YES] Please produce copies of any and all documents referring or
relating to evaluations or valuations of defendant's assets or defendant
net worth as a whole undertaken or completed in 1997 and 1998.
[YES] Please produce copies of any and all documents referring or
relating to the net and gross revenues/profits derived from the sale of
defendant's tobacco products (or defendant's United States subsidiary's
tobacco products) the State of Oklahoma since 1953.
[YES] Please produce copies of any and all liability insurance policies,
joint insurance policies, reinsurance policies, indemnity agreements,
pooling agreements or any other documents, agreements, memoranda or
writings relating to the issues raised by this action which would be
potentially or actually available to satisfy any judgment that may be
rendered as a result of this action.
[YES] Please produce copies of any and all documents, including polling
data, referring or relating to the design, testing, marketing, promotion
and sales of so-called "safer," "smokeless," or "polite" cigarettes. R.J.
Reynolds’ response should include, without limitation, documents
referring or related to Premier, Salem Preferred, Salem Pianissimo,
Pianissimo and Airs. Philip Morris’ response should include, without
limitation, documents referring or relating to Virginia Slims One.
[YES] Please produce copies of any and all documents referring or
relating to any non-traditional or new-technology cigarettes (e.g.,
Concord, an adjustable filter cigarette; Magic, a twisting cigarette;
Visa, Galaxy, Merit "Rich or Mild," etc. See, e.g., Exhibit 2).
[YES] Please produce copies of any and all documents referring or
relating to any work-place smoking policies or restrictions contemplated
and/or implemented by defendant (or any of defendant’s divisions or
departments.)
[YES] Please produce copies of all documents listed as exhibits by
plaintiffs in State of Minnesota v. Philip Morris Inc. case.
[YES] Please produce copies of any and all documents referring or
relating to Dr. Gary Huber.
[YES] Please produce copies of any and all indemnification agreements
between defendant(s) and Shook, Hardy & Bacon, Jacob Medinger & Finnegan
or Chadbourne & Parke.
[YES] Please produce copies of any and all documents referring or
relating to Research Liaison Committee.
[YES] Please produce copies of any and all documents referring or
relating to the Hoel Committee.
[YES] Please produce copies of any and all documents referring or
relating to each and every biological research project undertaken at
defendant’s in-house laboratory since 1954 in which precancerous tumors,
lesions, cells or growths, cancerous tumors, lesions, cells or growths
were found.
[YES] Please produce copies of any and all documents referring or
relating to each and every biological research project undertaken at
defendant’s direction via contract or grant since 1954 in which
precancerous tumors, lesions, cells or growths, cancerous tumors,
lesions, cells or growths were found.
[YES] Please produce copies of any and all documents referring or
relating to Marlboro brand cigarettes. (This request is directed to all
defendants except Philip Morris).
[YES] Please produce copies of any and all documents referring or
relating to Camel brand cigarettes. (This request is directed to all
defendants except R.J. Reynolds).
[YES] Please produce copies of any and all documents referring or
relating to the development, marketing or sale of cigarettes to persons
under the age of 18, irrespective of whether actual development,
marketing or sale occurred.
[YES] Please produce copies of any and all documents referring or
relating to any report of, or anticipated report of, the Surgeon General
on the topic of cigarettes, smoking, nicotine or cigarette smoke.
[YES] Please produce copies of any and all documents referring or
relating to the removal (or contemplated removal) or reduction of the
quantity of any additive to cigarettes since 1954 due to a health or
safety concern. For purposes of this request, the term "additive" should
be understood to mean any substance other than natural tobacco that is
found in a finished cigarette, and includes, without limitation, top
dressings, casing materials, humectant, flavorings, and agricultural
pesticide / insecticide / herbicide residues.
[YES] Please produce copies of any and all documents referring or
relating to the removal (or contemplated removal) or reduction of the
quantity of any additive to cigarettes since 1954 due to public relations
concerns. For purposes of this request, the term "additive" should be
understood to mean any substance other than natural tobacco that is found
in a finished cigarette, and includes, without limitation, top dressings,
casing materials, humectant, flavorings, and agricultural pesticide /
insecticide / herbicide residues.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or
agreements since 1954 between two or more of the major cigarette
manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown & Williamson,
Lorillard, American and/or Liggett & Meyers) to conduct or not conduct
in-house biological research into the health effects of cigarettes.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) on a public
position whether cigarettes cause and/or are a risk factor in and/or are
statistically associated with disease.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) on a public
position whether nicotine is addictive and/or habituating.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) whether or not
to develop and/or market a less biologically active / less hazardous /
safer cigarette.
[YES] Please produce copies of any and all documents referring and
relating to public opinion polls or surveys undertaken by or on behalf of
defendant since 1954 which involved the relationship, or the awareness or
lack of awareness of the relationship, between cigarette smoking and
disease.
[YES] Please produce copies of any and all documents referring or
relating to the placement of any health warning, whether mandated or
voluntary, on any cigarette package.
[YES] For each and every document for which plaintiffs have sought an
admission of authenticity and for which defendant has denied authenticity
as contemplated by Section 2901 of the Oklahoma Evidence Code, please
produce an authenticated copy of the most comparable document in
defendant’s possession custody or control.
[YES] Please produce copies of all documents pertaining to each Tobacco
Strategy Review Team (TSRT) meeting as well as each directive, guideline,
policy, or procedure promulgated by the TSRT since its inception.
[YES] Please produce copies of all documents pertaining to or submitted
for discussion during the Chairman's Policy Committee (CPC) meetings as
well as any meetings of its subcommittees from the date of its formation
to the present.
[YES] Please produce copies of all documents concerning meetings of
BATUS' Board of Directors or other corporate committees or subcommittees
between 1976 and the present in which smoking and health issues and/or
the corporate structure of the BAT Group companies was discussed.
[YES] Please produce copies of all documents exchanged between BATUS and
members of the BAT Group concerning the formation, incorporation and
corporate role of BAT(H).
[YES] Please produce copies of all documents describing or related to
your involvement in the marketing of less hazardous cigarettes, including
all research summoned by BATUS.
[YES] Please produce copies of all documents describing or related to
your involvement in Actron Filter research and/or development.
[YES] Please produce copies of all documents describing or related to
your involvement in performing marketing analyses of competitors.
[YES] Please produce copies of all documents describing, detailing or
related to your responsibilities as the parent company of Brown &
Williamson Tobacco Corporation.
[YES] Please produce copies of any and all correspondence to or from
David Schechter related to document retention policies or procedures
regarding discovery in the United States.
[YES] Please produce copies of all documents sent or otherwise exchanged
between BATUS and any member of the BAT Group concerning tobacco, tobacco
smoke, cigarettes, nicotine, or ETS from 1976 to the present.
[YES] Please produce copies of all documents pertaining to or submitted
for discussion during the Chairman's Policy Committee (CPC) meetings as
well as any meetings of its subcommittees from the date of its formation
to the present.
[YES] Please produce copies of all documents concerning meetings of
BATUS' Board of Directors or other corporate committees or subcommittees
between 1976 and the present in which smoking and health issues and/or
the corporate structure of the BAT Group companies was discussed.
[YES] Please produce copies of all documents concerning visits or other
personal contacts between directors, officers, or management level
employees:
(a) BATUS and those of BAT Industries, plc between 1976 and the present
where smoking and health issues and/or the corporate structure of the BAT
Group companies was discussed;
(b) of BATUS and those of Brown & Williamson Tobacco Corporation between
1976 and the present where smoking and health issues and/or corporate
structure of the BAT group companies was discussed;
(c) of BATUS and those of BATCO between 1976 and the present where
smoking and health issues and/or corporate structure of the BAT Group
companies was discussed;
(d) of BATUS and those of the American Tobacco Company between 1976 and
the present where smoking and health issues and/or the corporate
structure of the BAT Group was discussed;
(e) BATUS and those of BAT(H) between 1996 and the present where smoking
and health issues and/or the corporate structure of the BAT Group
companies was discussed.
[YES] Please produce copies of all documents related to promotional,
educational, advertising, or public relations activities in regard to
smoking, tobacco use, second hand smoke or ETS produced by BATUS or
commissioned by BATUS for every fiscal year from 1976 to the present.
[YES] Please produce copies of all documents where any officer or
director of BATUS gave specific directives to tobacco manufacturing
members of the BAT Group to perform product research and development in
specific areas.
[YES] Please produce copies of all documents that BATUS has written,
published, or in any other way disseminated regarding the epidemiological
link between smoking and disease.
[YES] Please produce copies of any documents referencing any
participation or involvement at any time by a BATUS employee, officer or
director with the Tobacco Institute, the Council for Tobacco Research or
the Tobacco Institute Research Committee.
[YES] Please produce a copy of any regulatory proceeding involving BATUS
in the United States.
[YES] Please produce copies of all documents which refer to policies
implemented by BATUS which concern the transmission of documents
concerning smoking and health issues, including, but not limited to,
those concerning research, marketing, advertising, litigation, and
corporate structure, to members of the BAT group or any tobacco trade
association such as the Council for Tobacco Research or the Tobacco
Institute.
[YES] Please produce copies of all documents in BATUS’ possession or
control which discusses or sets forth any policy or procedure utilized in
making communications with Brown & Williamson Tobacco Corporation or
policies and procedures to avoid direct and traceable communications with
Brown & Williamson Tobacco Corporation by any BAT Group organization.
[YES] Please produce copies of all minutes, reports, or other documents
concerning meetings of BAT Industries, plc and/or BATUS Holdings, Inc.
and/or BATUS, Inc. Board of Directors or other corporate committees or
subcommittees related to the "Scheme of Arrangement" of 1976.
[YES] Please produce copies of all documents referring to or relating to
Y-1 in the possession, custody or control of BATUS Holdings, Inc.
including but not limited to any and all correspondence between BATUS
Holdings, Inc. and BATUS Tobacco Services, Inc., British-American Tobacco
Company, Ltd., Brown & Williamson Tobacco Corporation, British-American
Tobacco (Holdings) Limited, B.A.T. Industries, p.l.c. or any other BAT
Group entity primarily involved in the tobacco business referring or
related to the research, development and/or production of Y-1.
[YES] Please produce copies of all codes of ethics, codes of business
conduct or codes of conduct proposed, adopted, modified, followed,
promulgated or rejected by BATUS or by any other BAT Group employee.
[YES] Please produce full and unredacted copies of all depositions
(including all exhibits thereto) noticed and taken by plaintiffs in the
State of Minnesota by Hubert Humphrey, III, Its Attorney General and Blue
Cross & Blue Shield of Minnesota v. Philip Morris Inc., et al., Case No.
C1-94-8565 (Ramsey County, Minnesota) litigation.
[YES] Please produce copies of all documents that defendants were
compelled pursuant to court order to produce to plaintiffs in the State
of Minnesota by Hubert Humphrey, III, Its Attorney General and Blue Cross
& Blue Shield of Minnesota v. Philip Morris Inc., et al., Case No. C1-94-
8565 (Ramsey County, Minnesota) litigation. For purposes of this request
compelled production includes documents ordered produced as a sanction.
[YES] Please produce copies of all documents for which the court in the
State of Minnesota by Hubert Humphrey, III, Its Attorney General and Blue
Cross & Blue Shield of Minnesota v. Philip Morris Inc., et al., Case No.
C1-94-8565 (Ramsey County, Minnesota) litigation has, for whatever
reason, overruled defendants’ claim of attorney-client privilege and/or
work product protection.
[YES] Please produce copies of any and all discovery responses made,
pleadings filed, and documents produced (or ordered produced) in
connection with the May 8, 1998 order entered by judge Fitzpatrick in
State of Minnesota v. Philip Morris Inc. that granted plaintiffs' motion
to compel relating to depositions of Brown & Williamson Tobacco
Corporation and The American Tobacco Company and the related orders that
followed. For defendants' reference, a copy of the December 30, 1997
Order Imposing Sanctions Upon The American Tobacco Company and Brown &
Williamson Tobacco Corporation as Successor by Merger to The American
Tobacco Company is attached hereto as Exhibit A.
[YES] Please produce copies of all minutes, notes and summaries of
meetings of the Committee of Counsel, the Council of Counsel or any other
committee comprised of in-house counsel of the tobacco industry which
refer or relate to smoking and health issues.
[YES] Please produce copies of all agendas (including attachments) for
meetings of the Committee of Counsel, the Council of Counsel or any other
committee comprised of in-house counsel of the tobacco industry which
refer or relate to smoking and health issues.
[YES] Please produce copies of all documents referring or relating to
Special Account #1.
[YES] Please produce copies of all documents referring or relating to
Special Account #2.
[YES] Please produce copies of all documents referring or relating to
Special Account #4.
[YES] Please produce copies of all documents referring or relating to
Special Account #5.
[YES] Please produce copies of all memoranda dated January 11, 1967,
authored by Edwin J. Jacob.
[YES] Please produce copies of all documents referring or relating to
lawyer review of grant proposals that had been rated by the Tobacco
Industry Research Committee/Council for Tobacco Research Scientific
Advisory Board.
[YES] Please produce copies of all documents referring or relating to
discussions and decisions whether to discontinue further funding of
projects being funded through Special Projects.
[YES] Please produce copies of all documents referring or relating to the
termination of Hill & Knowlton’s representation of the Council for
Tobacco Research in the late 1960s, including documents referring or
relating to the reasons therefor.
[YES] Please produce copies of all documents predating the 1969 Federal
Cigarette Labeling and Advertising Act which refer or relate to the
issuance of a health warning about smoking.
[YES] Please produce copies of all documents referring or relating to the
reasons why biological testing was done with reference cigarettes instead
of production cigarettes or like-cigarettes.
[YES] Please produce copies of all documents referring or relating to the
termination of biological tobacco-related research projects conducted at
defendant’s in-house laboratories since 1954.
[YES] Please produce copies of all documents referring or relating to
biological tobacco-related research conducted by or on behalf of one or
more of defendant’s parent corporations and/or one or more of defendant’s
parent corporation’s subsidiaries/divisions (other than defendant
itself).
[YES] Please produce copies of all documents referring or relating to
evaluations as to the suitability/unsuitability of any potential
candidate(s) for TIRC/CTR scientific advisory board membership.
[YES] Please produce copies of all documents referring or relating to
evaluations as to the suitability/unsuitability of any potential
candidate(s) for TIRC/CTR scientific directors.
[YES] Please produce copies of all documents referring or relating to
evaluations as to the suitability/unsuitability of any potential
candidate(s) for TIRC/CTR associate scientific directors.
[YES] Please produce copies of all documents referring or relating to
evaluations as to the suitability/unsuitability of any potential
candidate(s) for TIRC/CTR research directors.
[YES] Please produce copies of all documents referring or relating to
violations/compliance to the Cigarette Advertising Code.
[YES] Please produce copies of all documents referring or relating to the
effects or influence that cigarette warning labels have on persons under
18 years of age.
[YES] Please produce copies of all documents referring to, relating to
and/or reflecting each instance since 1954, in which defendant (or
someone acting on defendant's behalf) sought or obtained the services of
a lawyer or law firm to enable or aid defendant (individually or together
with one or more co-defendant to this action) to:
a. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, defendant's internally-held knowledge about the
health hazards of cigarettes (irrespective if such efforts were
successful);
b. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, material information regarding the state of
scientific knowledge about the health hazards of cigarettes (irrespective
if such efforts were successful);
c. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, defendant's internally held knowledge about the
pharmacological qualities of nicotine (irrespective if such efforts were
successful);
d. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, material information regarding the state of
scientific knowledge about the pharmacological qualities of nicotine
(irrespective if such efforts were successful);
e. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, defendant's /internally-held position regarding
the sale/use of cigarettes to youth (irrespective if such efforts were
successful);
f. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, the independence of smoking and health research
sponsored, in whole or in part, by defendant (irrespective if such
efforts were successful);
g. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, the results or findings of smoking and health
research sponsored, in whole or in part, by defendant (irrespective if
such efforts were successful);
h. misrepresent to or plan to misrepresent to the public (i.e., the
general public, government legislators/regulators/officials, public
health officials, the media, litigators, etc.) either through affirmative
statement or omission, the manner, method or reason for defendant's
manipulation or the nicotine levels in its cigarettes (irrespective if
such efforts were successful);
i. intimidate, threaten, harass or embarrass or plan
threaten, harass or embarrass a witness or potential
offering testimony on issues relating to smoking and
changing testimony on issues relating to smoking and
if such efforts were successful);
to intimidate,
witness into not
health or into
health (irrespective
j. move or plan to move documents relating to smoking and health issues
beyond the reach of discovery by persons in civil litigation or others
with subpoena powers (irrespective if such documents were actually
moved); and/or
k. create or plan to create document handling procedures which might
enable defendant or assert a claim of privilege or protection over
documents relating to smoking and health which otherwise would not be
subject to a claim or privilege or protection (irrespective of such
procedures were actually implemented). If so, please identify each such
instance and describe in detail and with particularity the facts
surrounding said instance(s) and the person(s) involved.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the claims alleged by the State of
Oklahoma are barred by the statute of limitations and/or statute of
repose.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the claims alleged by the State of
Oklahoma are barred by the doctrine of unclean hands.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the claims alleged by the State of
Oklahoma are barred by the doctrines of equitable estoppel, ratification,
laches and/or waiver.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the benefits of tobacco use and
tobacco sales outweigh the risks and/or costs associated with the same.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the claims alleged by the State of
Oklahoma are barred because cigarettes are not unreasonably dangerous to
the ordinary consumer.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that you have no duty to warn of the risks
associated with cigarette smoking because such risks are commonly known.
[YES] Please produce copies of any and all documents upon which you rely
or which support your position that the claims alleged by the State of
Oklahoma are barred because your products are, and have always been,
consistent with all available technological, medical, scientific and
industrial state-of-the-art.
[YES] Please produce copies of any and all documents upon which you rely
or which support your alleged affirmative defense of contributory
negligence or comparative fault on the part of the State of Oklahoma.
[YES] Please produce full and unredacted copies of the following
documents:
ATX110000065-ATX110000068
ATX110004421-ATX110004424
ATX110000060-ATX110000064
ATX110002552-ATX110002553
ATX110002561-ATX110002561
ATX110002291-ATX110002292
ATX110002550-ATX110002551
ATX110002280-ATX110002289
[YES] Please produce copies of all press releases including drafts
thereof, referring or relating to cigarettes, tobacco or smoking issued
by or on behalf of defendant to present that were quoted or referred to
in publications published, distributed or circulated in the State of
Oklahoma since 1953. For each press release please identify the
publication(s) in which it was quoted or referred to and the date(s) on
which it was quoted or referred to.
[YES] Please produce copies of all advertisements (product
advertisements, editorial advertisements, position statement and
advertisements, etc.), including drafts thereof, placed by or on behalf
of defendant in publications published, distributed or circulated in the
State of Oklahoma since 1953. For each advertisement, please identify the
publication(s) in which it ran and the date(s) on which it ran.
[YES] Please produce copies of all letters or correspondence, including
enclosures, from defendant to customers, to educators, to public health
officials, to members of the general public and to government officials
(regulators, legislators, etc.) generated since 1953 by defendant's
customer affairs department, consumer affairs department, customer
affairs department, consumer affairs department, customer relations
department, consumer relations department, public affairs department,
public relations department, etc. If such letter or correspondence were
generated in response to an inquiry by a customer, an educator, a public
health official, a member of the general public or a government official
(regulator, legislator, etc.), please produce copies of such inquiries.
Representative inquiries and letters/correspondence that would be
responsive to this request are attached as Exhibits A, B, C. D and E.
[YES] Please produce copies of any and all documents referring or
relating to evaluations or valuations of defendant's assets or defendant
net worth as a whole undertaken or completed in 1997 and 1998.
[YES] Please produce copies of any and all documents referring or
relating to the net and gross revenues/profits derived from the sale of
defendant's tobacco products (or defendant's United States subsidiary's
tobacco products) in the State of Oklahoma since 1953.
[YES] Please produce copies of any and all liability insurance policies,
joint insurance policies, reinsurance policies, indemnity agreements,
pooling agreements or any other documents, agreements, memoranda or
writings relating to the issues raised by this action which would be
potentially or actually available to satisfy any judgment that may be
rendered as a result of this action.
[YES] Please produce copies of any and all documents, including polling
data, referring or relating to the design, testing, marketing, promotion
and sales of so-called "safer," "smokeless," or "polite" cigarettes. R.J.
Reynolds’ response should include, without limitation, documents
referring or related to Premier, Salem Preferred, Salem Pianissimo,
Pianissimo and Airs. Philip Morris’ response should include, without
limitation, documents referring or relating to Virginia Slims One.
[YES] Please produce copies of any and all documents referring or
relating to any non-traditional or new-technology cigarettes (e.g.,
Concord, an adjustable filter cigarette; Magic, a twisting cigarette;
Visa, Galaxy, Merit "Rich or Mild," etc. See, e.g., Exhibit 2).
[YES] Please produce copies of any and all documents referring or
relating to any work-place smoking policies or restrictions contemplated
and/or implemented by defendant (or any of defendant’s divisions or
departments.)
[YES] Please produce copies of all documents listed as exhibits by
plaintiffs in State of Minnesota v. Philip Morris Inc. case.
[YES] Please produce copies of any and all documents referring or
relating to Dr. Gary Huber.
[YES] Please produce copies of any and all indemnification agreements
between defendant(s) and Shook, Hardy & Bacon, Jacob Medinger & Finnegan
or Chadbourne & Parke.
[YES] Please produce copies of any and all documents referring or
relating to Research Liaison Committee.
[YES] Please produce copies of any and all documents referring or
relating to the Hoel Committee.
[YES] Please produce copies of any and all documents referring or
relating to each and every biological research project undertaken at
defendant’s in-house laboratory since 1954 in which precancerous tumors,
lesions, cells or growths, cancerous tumors, lesions, cells or growths
were found.
[YES] Please produce copies of any and all documents referring or
relating to each and every biological research project undertaken at
defendant’s direction via contract or grant since 1954 in which
precancerous tumors, lesions, cells or growths, cancerous tumors,
lesions, cells or growths were found.
[YES] Please produce copies of any and all documents referring or
relating to Marlboro brand cigarettes. (This request is directed to all
defendants except Philip Morris).
[YES] Please produce copies of any and all documents referring or
relating to Camel brand cigarettes. (This request is directed to all
defendants except R.J. Reynolds).
[YES] Please produce copies of any and all documents referring or
relating to the development, marketing or sale of cigarettes to persons
under the age of 18, irrespective of whether actual development,
marketing or sale occurred.
[YES] Please produce copies of any and all documents referring or
relating to any report of, or anticipated report of, the Surgeon General
on the topic of cigarettes, smoking, nicotine or cigarette smoke.
[YES] Please produce copies of any and all documents referring or
relating to the removal (or contemplated removal) or reduction of the
quantity of any additive to cigarettes since 1954 due to a health or
safety concern. For purposes of this request, the term "additive" should
be understood to mean any substance other than natural tobacco that is
found in a finished cigarette, and includes, without limitation, top
dressings, casing materials, humectant, flavorings, and agricultural
pesticide / insecticide / herbicide residues.
[YES] Please produce copies of any and all documents referring or
relating to the removal (or contemplated removal) or reduction of the
quantity of any additive to cigarettes since 1954 due to public relations
concerns. For purposes of this request, the term "additive" should be
understood to mean any substance other than natural tobacco that is found
in a finished cigarette, and includes, without limitation, top dressings,
casing materials, humectant, flavorings, and agricultural pesticide /
insecticide / herbicide residues.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or
agreements since 1954 between two or more of the major cigarette
manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown & Williamson,
Lorillard, American and/or Liggett & Meyers) to conduct or not conduct
in-house biological research into the health effects of cigarettes.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) on a public
position whether cigarettes cause and/or are a risk factor in and/or are
statistically associated with disease.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) on a public
position whether nicotine is addictive and/or habituating.
[YES] Please produce copies of any and all documents in defendant’s
possession or control referring or relating to any discussions and/or an
agreement/understanding since 1954 between two or more of the major
cigarette manufacturers (i.e., Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard, American and/or Liggett & Meyers) whether or not
to develop and/or market a less biologically active / less hazardous /
safer cigarette.
[YES] Please produce copies of any and all documents referring and
relating to public opinion polls or surveys undertaken by or on behalf of
defendant since 1954 which involved the relationship, or the awareness or
lack of awareness of the relationship, between cigarette smoking and
disease.
[YES] Please produce copies of any and all documents referring or
relating to the placement of any health warning, whether mandated or
voluntary, on any cigarette package.
[YES] For each and every document for which plaintiffs have sought an
admission of authenticity and for which defendant has denied authenticity
as contemplated by Section 2901 of the Oklahoma Evidence Code, please
produce an authenticated copy of the most comparable document in
defendant’s possession custody or control.