Correspondence concerning John C. Luik from John Lepere, The Confederation Of European Community Cigarette Manufacturers Limited

Correspondence concerning John C. Luik

from John Lepere, The Confederation Of European Community Cigarette Manufacturers Limited
March-December, 1993

These are the numbers referenced below:
Bates # 2501139681/9682
Bates # 2025495388/35389
Bates #: 2024215189/5190
Bates # 2025495220
Bates # 2025495237/5239




[Bates # 2501139683-84]

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

TO:

Mr. M. Arnauts (RJR- Brussels)
Mr. I. E. Birks (Gallaher)
Mme H. Bourgois (GFCC)
Ms. M. van Boven (RIE -Amsterdam)
Dr. Sharon Boyse (BAT - Staines)
Mr. C. T. Bullock (TAC)
Ms. F. Castiglioni (CDIT)
Mr. W. Dembach (RJR - Cologne)
Mr. G. Demoulin/Mr. P. Donck (Fedetab)
Mr. B. Halligan (CIPA)
Mr. E. H. C. Korch (Tobaksindustrien)
Mr. P. Maglione (Philip Morris)
Mr. F. O'Mahony (ITMAC)
Mr. R. Pauling (VdC)
Mr. W. J. Roelofs (SSI)
Dr. W. D. Rowland (RIT-Denham)
Dr. P. A. Sadler (Imperial)
Mr. D. Swan (TAC)
Ms. P. Vassilaki (ESKEE)
Mr. J. G. de Vos/Mr. C. N. K. Hay. (RIE -- -- Amsterdam)
Mr. F. de Vroey (BAT - Benelux)
Dr. C. Walther/Mrs. B. Stegmeier (Reemtsma)
Mr. G.A. Wirz (Philip Morris)
Ms. C. de Vallois (CECCM-Brussels)

FROM: John Lepere

DATE: 19 March 1993

SUBJECT: J. C. Luik's companion paper to CECCM's "ETS - Science or Politics?"

Please find enclosed a copy of John Luik's penultimate draft paper, he would appreciate our comments and suggestions before finalizing it; please also consider his note on page 14.

This paper will be on the agenda for discussion during the next meeting of our Working Group on Smoking at the Workplace and in Public Places in Brussels on Wednesday, 31 March 1993.

2501139683

Meanwhile, please treat this draft as an internal document only and restrict its circulation accordingly.

Kindest regards,

[Signed] John

2501139684




[Bates # 2501139681-82]

Pages 1 + 1

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

TO:

Mr. M. Arnauts (RJR- Brussels)
Mr. I. E. Birks (Gallaher)
Mme H. Bourgois (GFCC)
Ms. M. van Boven/Mr. J. G. de Vos/Mr. C. N. K. Hay. (RIE -- -- Amsterdam)
Dr. S. Boyse (BAT - Staines)
Mr. W. Dembach (RJR - Cologne)
Dr. W. D. Rowland (RIT-Denham)
Dr. P. A. Sadler (Imperial)
Ms. B. Stegmeier (Reemtsma)
Mr. F. de Vroey (BAT - Benelux)
Mr. G.A. Wirz (Philip Morris)

cc:
for information
Ms. C. de Vallois (CECCM-Brussels)

FROM: John Lepere

DATE: 22 June 1993.

SUBJECT: J. C. Luik's "Pandora's Box" paper

Further to our meeting on 9 June 1993, I contacted John Luik to invite his comments on the two options for publication that are now open to us:

(a) to split the paper into two articles, i.e., one based on the text which was prepared for Tokyo, the other based on the more philosophical aspects of his thesis, and to seek their separate publication, not necessarily in the same journal; or

(b) to persevere, notwithstanding certain reservations on our part, in tying to get the full (revised) paper published as one piece.

I reiterated our reservation that the full paper may be too Long, either to attract commitment to publication from an appropriate publisher or for optimum impact upon publication.

2501139681

-2-

In his reply, Luik expresses a strong preference nevertheless for attempting to have the full paper published as one piece in a respected journal. He says that despite the careful surgery performed by John Rupp and himself, the "Tokyo" paper is too sketchy to capture the full range and significance of the policy abuses, i.e. the central argument of the paper, and that the discussion of the abuses and their implications requires the first part of the paper, not merely to make sense of but also substantiate the claims advanced.

Luik suggests pursuing the following , all American journals for publication: -

Philosophy and Public Affairs (his first choice, which he would approach first)

Ethics

Science

Journal of Smoking-Related Diseases (he has some hope, based on an informal conversation with a member of its editorial board, that this journal would probably accept the paper for publication)

Social Science and Medicine.

Luik would not be averse to our exploring alternative ways of ensuring publication in a suitable European Journal.

I would be grateful for your comments by next Monday, 29 June 1993, please at the latest. Unless I receive contrary advice from any of you by then, I propose to contact Luik, agreeing that he should proceed with the attempt to achieve publication of his fall paper in any of the first three journals which he has suggested, but neither of the last two listed. I am also inclined to accept that "Philosophy and Public Affairs" should be our first choice, even though I understand that a final decision on publication could take three to five months.

Please let me know your views.

Luik has still not sent me the revised penultimate version of his full paper. I have again asked him to send it to us for our final comments.

Kindest regards,

2501139682




BATES #: 2501139577

Pages 1 + 29

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

TO:

Mr. M. Arnauts (RJR- Brussels)
Mr. L E. Birks (Gallaher)
Ms. M. van Boven/Mr. J. G. de Vos/Mr. C. N. K. Hay (RIE-Amsterdam)
Dr. S. Boyse (BAT –Staines)
Mr. W. Dembach (RJR-Cologne)
Dr. W. D. Rowland (RIT-Denham)
Dr. P. A. Sadler (Imperial)
Mrs. B. Stegmeier (Reemtsma)
Mr. F. de Vroey (BAT - Benelux)
Mr. G.A. Wirz (Philip Morris)

cc: for information
Ms. C. de Vallois (CECCM-Brussels)

FROM. John Lepere

DATE: 28 June 1993

SUBJECT: J. C.. Luik's "Pandora's Box" paper

Further to my fax of 22 June 1993 (to which I am still awaiting replies by this evening), herewith is a copy of the revised penultimate version of John Luik's full paper. He points out that, in order to condense the article, he has with some regret removed discussion of the Heidelberg Appeal and of tobacco advertising and consumption data as an example of corrupted social science.

Please let me have your final detailed comments on this paper in Dublin by next Friday, 2 July 1993, at the latest. Unless I hear from you by then, I shall take it that the paper in the form herewith meets with your appeal.

Many thanks and kindest regards,

[signed] John

2501139577




[BATES # 2025495388-89]

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

[

TO:

Mr. M. Arnauts (RJR- Brussels)
Mr. I. E. Birks (Gallaher)
Ms. M. van Boven (RIE -Amsterdam)
Dr. S. Boyse (BAT - Staines)
Mr. W. Dembach (RJR - Cologne)
Mr. B. Halligan (CIPA)
Dr. W. D. Rowland (RIT-Denham)
Dr. P. A. Sadler (Imperial)
Mrs. B. Stegmeier (Reemtsma)
Ms. J. Sullivan/Mr. P. Maglione (Philip Morris--Brussels)
Mr. J. G. de Vos/Mr. C. N. K. Hay. (RIE -- -- Amsterdam)
Mr. F. de Vroey (BAT - Benelux)
Mr. W. Winokur (Philip Morris Intl - NY)
Ms. C. de Vallois (CECCM-Brussels)

Ms. H. Bourgois/Ms. M. H. Conlon (GFCC)
Ms. F. Castiglioni (CDIT)
Mr. G. Demoulin/Mr. P. Donck (Fedetab)
Mr. E. H. C. Korch (Tobaksindustrien)
Mr. F. O'Mahony (ITMAC)

FROM: John Lepere

DATE: 9 September 1993 CONFIDENTIAL

SUBJECT: J. C. Luik's paper for publication - "Pandora's Box - The Dangers of Politically Corrupted Science for Democratic Public Policy"

Further to yesterday's meeting of our Working Group, please find enclosed for information a copy of the text of John Luik's article, as submitted for publication to the Philosophy and Public Affairs Journal.

2025495388

-2-

We expect to receive confirmation of acceptance of the article early in 1994; until that is formally received, members should NOT make use of the article for external lobbying purposes. Only when we have received written confirmation of acceptance for publication will members be at liberty to deploy the article externally on a "pending publication" basis.

Actual publication of the article in Philosophy and Public Affairs is not expected until late next year.

Kindest regards,

2025495389




[Bates #: 2024215189-90]

Pages 1 +1

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

[

BY TELEFAX

TO:

Dr. Sharon Boyse (BAT - Staines)
Dr. W. D. Rowland (RIT-Denham)
Mr. W. Winokur (Philip Morris Intl - NY)

cc:

for information
Mr. M. Arnauts (RJR- Brussels)
Mr. I. E. Birks (Gallaher)
Ms. M. van Boven/Mr. J. G. de Vos/Mr. C. N. K. Hay. (RIE -- -- Amsterdam)
Mr. W. Dembach (RJR - Cologne)
Mr. B. Halligan (CIPA)
Dr. P. A. Sadler (Imperial)
Ms. J. Sullivan (Philip Morris--Brussels)
Mr. F. de Vroey (BAT - Benelux)
Dr. C. Walther (Reemtsma)
Ms. C. de Vallois (CECCM-Brussels)

FROM: Mr. John Lepere

DATE: 9 November 1993

SUBJECT: J. C. Luik's paper for publication -- "Pandora's Box - The Dangers of Politically Corrupted Science for Democratic Public Policy" (as copied to you on 9 September 1993).

John Luik has informed me that he has received a preliminary reply from the Philosophy and Public Affairs Journal, asking him to consider certain changes in his paper.

One of these, i.e., the only one of concern, arises from the assertion by the Journal's reviewer, who is evidently a scientist, apparently with some reasonably detailed knowledge about the EPA process and decision, that Luik's claim (on page 10 of this paper) that the EPA used BOTH a 90% confidence interval and a one-tailed test is "manifestly false". John Luik regards this as important to his argument and he finds the objection to his claim "disturbing".

2024215189

p. 02

John Luik has therefore asked for our comments and suggestion as to how to proceed, as soon as possible.

I am therefore asking the three of you to liaise in considering the reviewer's objection and to agree on a fairly urgent reply to John Luik on our behalf. Please keep me informed, or direct your reply via myself in Dublin.

Many thanks and kindest regards,

[Signed] John

2024215190




C.E.C.C.M. WORKING GROUP ON SMOKING AT THE WORKPLACE AND IN PUBLIC PLACES

Minutes of the Meeting of the Corporate Members' Sub-Committee of the Working Group
held at 10:00 a.m. on Tuesday, 23 November 1993,
at the offices of C.E.C.C.M., 11, Avenue de la Joyeuse Entree,
Brussels

---------------------------------------------------------

PRESENT:

J.M. Lepere, in the Chair, (CECCM)
I. E. Birks (Gallaher)
Maud van Boven (RIE )
W. Dembach (RJR Intl)
C. Proctor (BAT )
(deputizing for Sharon Boyse)
W. D. Rowland (RIT)
P. A. Sadler (Imperial)
Joanna. Sullivan (Philip Morris)
M. Winokur (Philip Morris Intl )
Catherine. de Vallois (CECCM)

In Attendance:

B. Halligan (CIPA)

APOLOGIES

Sharon Boyse (BAT)
R. Pauling (Reemtsma representative)
F. de Vroey (BAT)
R. L. J. Toet (SSI)

2023000191

EXCERPT


10. The Chairman reported that the Philosophy and Public Affairs Journal's reviewer of J.C. Luik's "Pandora's Box" article had asked Luik to consider making certain changes to his paper on the grounds that Luik's claim (on page 10 of his report) that the E.P.A. used both a 90% confidence interval and a one-tailed test is "manifestly false"; Luik had sought CECCM's advice on how best to respond.

W. D. Rowland tabled his reply to Luik of 22 November 1993, confirming after investigation that the E.P.A. used a one-tailed test at the 95% confidence level and, to effect this, had performed a two-tailed test with 90% confidence intervals, which is equivalent. The Working

2023000193

**---------------------------------------------------------

-4-

Group accepted this analysis and concurred with W.D. Rowland that the correct basis for criticism of the E.P.A.'s procedure is its assumption that it was justified in using a one-tailed test.

Minor textual changes on pages 9 and 10 of the "Pandora's Box" paper are appropriate in the light of that clarification. W.D. Rowland would liaise with J.C. Luik in agreeing those changes.

2023000193



[Bates # 2025495220]

18 December 1993

Mr. John Lepere
Chairman CECCM

RE: Pandora's Box

Dear John:

1) Following your fax to me of 29.11.93 I wrote and spoke to Dr. David Rowland In order to arrive at a suitably amended text for re-submission of the of the article. We have agreed that the following changes will resolve any problems.

a. The paper's claims about none of the 11 studies being statistically significant at 95% confidence level is correct--though Peter Lee's cavet that had "Fontham presented an adjusted RR compared to the combined control groups she would have achieved statistical significance" should be remembered.

b. The paper's claim that only one study is statistically significant at 90% confidence level is correct.

John, you should note that I am defering in this Issue to your wishes specifically FM and RJR-- about stating the strongest game possible an statistical significance. (The importance of the matter was brought home to me last week when I met on another matter (the Canadian advertising ban appeal to the Supreme Court) with RJR Vice President and General Counsel, Dan Donahue, who will be arguing the EPA Case and who emphasised that RJR will be taking the position that there is no significance to any of the studies and no reasonable basis for the EPA decision) At the same time you should be aware that am article like this Is not easy to get published and receives an enormous amount of very careful reviewing. By taking this position on statistical significance in the face of the reviewer's comments you retain the company's position but might risk having the paper accepted for publication.

c. Page 10, last paragraph

The first two sentences are replaced with the following:

" in performing the meta-analysis the EPA used 90% confidence intervals for correspondence to a one-tailed test of the null-hypothesis at a 5% level of significance."

d. Page 10 last paragraph, last sentence

" The assumption that a one tailed test is legitimate has never teen made for any of the EPA's previous risk assessments, even though the agency presumably had also assumed that exposure to the agent could not produce a protective effect."

2025495220




[Bates # 2025495237-39]

THE CONFEDERATION OF EUROPEAN COMMUNITY CIGARETTE MANUFACTURERS LIMITED
124 PEMBROKE ROAD. DUBLIN 4. IRELAND.
TELEPHONE: 01 601576 6816 25 FAX: 01 606224 TELEX: 9LE24 C.E.C.M.L.

FROM THE OFFICE OF THE CHAIRMAN

TO:

Mr. M. Arnauts (RJR- Brussels)
Mr. I. E. Birks (Gallaher)
Ms. M. van Boven (RIE -Amsterdam)
Dr. Sharon Boyse/Mr. C. Proctor (BAT - Staines)
Mr. W. Dembach (RJR - Cologne)
Mr. B. Halligan (CIPA)
Dr. W. D. Rowland (RIT-Denham)
Dr. P. A. Sadler (Imperial)
Ms. J. Sullivan/Mr. P. Maglione (Philip Morris--Brussels)
Mr. J. G. de Vos/Mr. C. N. K. Hay. (RIE -- -- Amsterdam)
Mr. F. de Vroey (BAT - Benelux)
Dr. C. Walther/Mrs. B. Stegmeier (Reemtsma)
Mr. W. Winokur (Philip Morris Intl - NY)
Ms. C. de Vallois (CECCM-Brussels)

Mme H. Bourgois (GFCC)
Ms. F. Castiglioni (CDIT)
Mr. G. Demoulin/Mr. P. Donek (Fedetab)
Mr. E. H. C. Korch (Tobaksindustrien)
Mr. C. Marres (VNK)
Mr. F. P. Marx (VdR)
Mr. F. O'Mahony (ITMAC)
Mr. R. Pauling (VdC)
Mr. D. Swan (TAC)
Mr. R. L. J. Toet/Mr. W. J. Roelofs (SSI)
Mr. A, D. C. Turner (TAC)
Ms. P. Vassilaki (ESKEE)

cc:

Mr. A. I Andrade (Philip Morris -- Lausanne)
Ms. J. Smithson (RIT -- Denham)

FROM: John Lepere

DATE: 17 December 1993

SUBJECT: J. C. Luik's paper -- "Pandora's Box -- The Dangers of Politically Corrupted Science for Democratic Public Policy"

Please find enclosed a copy of J.. C. Luik's article, as published in the current issue (Winter 93-94 edition) of Bostonia magazine, to which Jacqueline Smithson has drawn my attention.

2025495237

2025495238 (This page blank)

-2-

I understand that Luik met the editor of Bostonia, Keith Botsford, during the ARISE Conference in Brussels last September. I surmise therefore that Luik must have mentioned his Pandora's Box paper to Botsford, that Botsford must have offered to publish it in the next issue of Bostonia and that Luik took up that offer on the hop.

Luik did not forewarn me that publication in Bostonia rather than in the Philosophy and Public Affairs Journal for which we had indicated a preference, was under consideration, nor has he to date informed me that the article has been published. Although it would have been helpful if Luik had communicated with me, I consider that he has acted in our best interest, probably at short notice, particularly because formal acceptance of the article for publication in the Philosophy and Public Affairs Journal was still in doubt.

If you compare the published article with the text of Luik's full paper, which I circulated on 9 September 1993 as originally submitted to the Philosophy and Public Affairs Journal, you will find that the text of the published article up to the top of the penultimate page, corresponds, with only minor textual changes, with the first pages of Luik's original paper (i.e. up to the top of page 19 thereof). The last two pages of the published article replace and summarize the last twelve pages of his original paper.

Suggested amendments to The last paragraph on the fourth page of the published article (page 53) concerning the EPA's use of 90% confidence to a one-tailed test of the null I hypothesis at a 5% level of significance, which David Rowland faxed to Luik on 29 November 1993, have not been made in the published text. Presumably, they reached Luik too late to amend the published text. Luik has however included an explanatory foot-note on two-tailed tests in the published text, which addresses this issue. I hope that none of our corporate members finds sufficient objection to it to dissuade us on that account from making use of the published article for our lobbying purposes. Unless I hear from any of you to the contrary by January 1994, I shall presume that there is no objection to our making external use of the article for lobbying purposes.

Meanwhile, I shall explore the possibility of obtaining a supply of offprints of the article from Bostonia and shall let you know the result of that enquiry in due course.

Kindest regards and all good wishes for the festive season.

2025495239

**---------------------------------------------------------


GLOSSARY:

VdC: Wissenschaftliche Forschungsstelle im Verband der Cigaretten-Industrie (German Cigarette Industry Trade Association), or just plain Verband. The Verband's members include the German and Austrian cigarette manufacturers as well as the transnational firms of Philip Morris, R.J. Reynolds, and British American Tobacco.


This document's URL is: http://www.tobacco.org/Documents/93luik.html


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