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1980s 'safer cigarette' research opposed: former executive  

Former Imperial Tobacco Canada president testifies in class-action lawsuit
Jump to full article: CBC News (ca), 2012-05-03

Intro:

A former president of Imperial Tobacco Canada says the company's largest shareholder attempted to stop an effort to develop safer cigarettes.

Jean-Louis Mercier testified Thursday in the $2-billion class-action lawsuit against Canada's tobacco industry, which was launched by Quebec smokers.

Mercier said in the 1980s he came up with an idea after reading a report by the surgeon general of the United States. The report found tar and nicotine were among the cancer-causing agents in cigarettes.

The former president said he figured cigarettes would become safer if they contained lower amounts of the two carcinogens, so he spearheaded an internal study to try to develop a safer cigarette.

But Mercier said Imperial Tobacco Canada's largest shareholder, British American Tobacco, opposed the effort. He said BAT's chairman at the time sent a letter indicating ITC's research was risky.

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Day 21 - A tale of two testimonies: Bédard and Descoteaux 

Jump to full article: Eye on the Trials (ASPQ) (ca), 2012-05-01

Intro:

Today two witnesses appeared before the Montreal tobacco trials -- Michel Bédard (former head of the industry-funded Smokers Freedom Society) in the morning and Michel Descôteaux (former VP of public affairs for Imperial Tobacco Canada Ltd.) in the afternoon.

It would be an exaggeration to say that the two Michels gave us an experience of "the best of times and the worst of times," but there were marked contrasts in the testimony of these two friends and former spokepeople on tobacco issues.

The morning was marked by (my opinion) tortuous exchanges between Bruce Johnston, who gave example after example of the Smokers' Freedom Society acting as a provisional army for the Canadian tobacco companies, and Mr. Bédard, who gave example after example of how to avoid answering questions.

The afternoon, on the other hand, was (my opinion) a tightly focused interview between Bruce Johnston and Michel Descoteaux, who provided mostly clear answers about his role in explaining away Imperial Tobacco's decision to destroy scientific documents.

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· Imperial (ca)

Imperial Tobacco Court Challenge: Package Warnings Too Big 

Jump to full article: Canadian Press, 2012-04-26

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· Federal/National
· Labels/Lights
non-USA, by Country
· Canada
Organizations
· Imperial (ca)

Canada's largest tobacco company launches charter challenge on new, larger warning labels 

Jump to full article: Ottawa (Ont) Citizen (ca), 2012-04-26

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· Federal/National
· Labels/Lights
non-USA, by Country
· Canada
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· Japan Tobacco
· Imperial (ca)

Tobacco companies launch legal battle over warning labels 

Jump to full article: Globe and Mail (ca), 2012-04-26
Author: Les Perreaux

Intro:

Hit by federal regulations and massive class action lawsuits, two of Canada's tobacco companies have struck back with legal action of their own.

Imperial Tobacco Canada Ltd. and JTI-Macdonald Corp. have launched proceedings in Ontario Superior Court to attempt to strike down cigarette package warning regulations that came into effect last fall.

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Day 18 : Anthony Kalhok not yet finished, but Jean-Louis Mercier begins 

Jump to full article: Eye on the Trials (ASPQ) (ca), 2012-04-18

Intro:

Former Imperial Tobacco vice president of marketing, Anthony Kalhok, was again on the stand when the Montreal tobacco trials resumed this Wednesday morning. Although the plaintiff's lawyers had finished their examination of Mr. Kalhok the afternoon before, there was still the matter of using his help to establish documents they wished to put into evidence.

Exhibit-ionism

The process of document introduction that consumed the first half of the morning was at the same time protracted and hurried -- a flurry of activity as those in front of the bar pulled up the records in question from their electronic databases, followed by irregular pauses as Mr. Kalhok looked at the papers, followed by another flurry as the documents were recorded and attention turned to a new set.

After Mr. Johnston put a few final questions about the relationship between BAT and Imperial Tobacco (to be told that the BAT family of companies was like the "old British commonwealth'), it was the turn of the defendants to ask questions.

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Day 19: Jean-Louis Mercier remembers (sometimes) 

Jump to full article: Eye on the Trials (ASPQ) (ca), 2012-04-19

Intro:

The trial of the two Quebec class action suits takes place 4 days a week, and 3 weeks a month. On paper it looks like an easy schedule - only 12 sitting days a month -- but in the courtroom it feels anything but. As the end of this three-week run of hearings came to a close, there were signs of fatigue all around the court - shoulders were slumped, tempers were short, hair less perfectly coiffed.

Even Suzanne Cote, who has energetically defended Imperial Tobacco against the introduction of virtually every exhibit began to flag as the week wound to a close. More quietly now: "same objection, your honour." "Noted."

Despite its low-energy, today's testimony had dramatic evidence, and produced documents that give an insight into how Canadian companies planned from 1987 to shift any blame to government.

Jean Louis Mercier's memories

Jean-Louis Mercier, who led Imperial Tobacco from 1979 till 1993, had his first full day of testimony today. During the afternoon of the previous day, plaintiff lawyer Philip Trudel had asked the usual introductory questions, and had begun to question Mr. Mercier on the policies established at Imperial Tobacco during his time there with respect to document retention/destruction, communication with consumers and the public, product design and marketing, smokers' compensation and engagement with other companies. These were the same themes he returned to today.

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SUBJECT "Project 16" English Youth -- CPY5 (PDF) 

REPORT FOR: Imperial Tobacco Limited
Jump to full article: Legacy Tobacco Documents Library, 1977-10-18
Author: KWECHANSKY MARKETING RESEARCH INC.

Intro:

HOW SMOKING BEINGS (sic)

1) Peer Influence Is Everything 9

2) C'Mon, You Chicken 12

3) I Want To Be Like You 14

WHAT STARTING IS LIKE

4) 1 Wonder What It's All About 17

5) Forbidden Fruit 17

6) How It Tasted 19

7) Being Away From Home 21

8) Starting Age 24

THE ROLE OF THE FAMILY

9) The Fear Of Being Found Out 27

10) Accidental Discovery 25

11) The Big Announcement 32

12) Continuing Concealment 35

HOSTILITY AND THE FAMILY

13) Parental Reactions 36

14) Hassling Breeds Hostility 39

15) The Influence of Siblings 42

16) Oh Sweet Daughter, How Could You? 43

17) The Sounds of Hostility 44

SMOKING AND THE SCHOOL

15) With Or Without Permission 48

19) Smoking Behavior During School 49

20) Attitudes Towards Teachers 51

21) Stop Hassling Me! 53

SOCIAL FACTORS

22) Favorite Times For Smoking 55

23) Consumption And Stress 58

24) Smoking AsAPasstime 59

25) Smoking As A Social Crutch 60

26) Smoking, Dating and Double Standards 61

27) The Role Of Price 63

SMOKING TODAY AND THE FUTURE

28) Feelings Of Regret 65

29) Peer Pressure at 16 66

30) Views About Quitting 69

31) Quitting Is Not Easy 71

32) Fatalists 72

33) The Health Warning Clause 76

34) The View of Non Smokers 78

35) The View Down The Road 80

BRAND SELECTION

36) Choosing That First Brand . . . . 83

37) What The Boys Prefer 83

38) What The Girls Prefer 85

39) T & N Awareness , , 8$

ADVERTISING

40 General Attitudes . 87

41 Perception Of Test Ads • 88

42 Players (horses) 89

43 Export A And Winston • 90

44 Other Tobacco Ads 93

45 Wrigley Doublemlnt Gum 94

46 Hires Root Beer 94

47 Wella Balsam 95

48 Other Ads 96

49 The Vantage Ad 96

50 General Principles 97

SUMMARY OF FINDINGS

•• There is no doubt that peer group influence is the single most important factor in the decision by an adolescent to smoke.

•• Around the age of 11 to 13, there is peer pressure exerted by smokers on non smokers that amounts to taunting and goading of the latter to get them to smoke.

•• In some cases, the beginning smoker is not just emulating the peer group in general, but copying a specific member of it that is respected and admired. This can, on occasion, be an older sibling.

•• One of the reasons for adolescent attraction to smoking is curiosity about the physical sensations of it.

•• More important reasons for this attraction are the 'forbidden fruits' aspect of cigarettes. The adolescent seeks 'to display his new urge for independence with a symbol, and cigarettes are such a symbol since they are associated with adulthood and at the same time adults seek to deny them to the young. By deliberately flaunting out this denial, the adolescent proclaims his break with childhood, at least to his peers.

•• While some enjoy their first cigarette (both taste and self-image). many are rewarded for their daring with nausea. This perceived failure spurs them on to try again, and not fail.

•• First cigarette experiences often took place either actually or perceptually some distance removed from the nearness of parental authority.

•• Serious efforts to learn to smoke occur between ages 12 and 13 in most case. Playful experimentations, especially by children from smoking homes, can take place as early as 5 years of age, but most often around 7 or 8.

•• Part of the thrill of adolescent smoking is the thrill of hiding it from parental wrath.

•• Sometimes, the inevitable efforts to conceal adolescent smoking fail, and the smoker is discovered. Often, the risk of this happening is made greater by secret smoking in the home itself.

•• If successfully hidden, the young smoker will announce his smoking around the age of 15 or 16. This can either be done all at once, or gradually, dropping hints over a period of time. Smoking parents sometimes take this initiative when they have known the truth for some time.

•• In cases where young smokers feel the confrontation with parents will be overpowering, there are efforts to continue the concealment.

•• There is a greater tendency among smoking parents to accept the use of cigarettes by their child than among non smoking ones. More often, there is continuing parental nagging about it.

•• Although adolescent smoking begins largely without intent to spite parents, parental nagging can give rise to spiteful feelings where none existed before.

•• The role of siblings is not usually important. Somewhat rarely, an older smoking sibling may be an emulated figure.

•• Girls are less accepted by their parents as smokers than boys are.

•• Young smokers nagged by parents about their use of cigarettes can, and do, harbour considerable hostility that they normally do not give voice to in order to prevent internecine battles.

•• Whether schools do or do not officially tolerate smoking, it occurs in any case, but consumption is probably greater in school where smelting is officially allowed.

•• During school hours, smoking is a social activity and a way to pass time.

•• Teachers who admonish students about smoking are not listened to, especially when such warnings as perceived as hypocritical when the teacher is a smoker.

•• Reactions to formal school lectures and films about smoking are mainly anger over a perceived intrusion on the right of the smoker to do as he wishes without unsought advice intruding on his liberty. -

•• However, while the informing methods are disliked, there is no question that the respondents behaved that smoking is a hazard to health.

•• Smoking by teens is heavier during leisure time than during school time.

•• Stress causes consumption to increase, much as is true for adults.

•• Many smoke cigarettes simply to help pass the time.

•• In strange social situations, smoking is sometimes perceived as a prop that eases such social discomfort.

•• Smokers sometimes date other smokers to avoid the 'hassling' that non smokers sometimes do about smoking. Girls are more vulnerable than bays to such 'hassling'.

•• The respondents, largely from comfortable if not affluent homes, were not significantly affected by the price of cigarettes.

•• However intriguing smoking was at 11, 12 or 13. by the age of 16 or 17 many regretted their use of cigarettes for health reasons and because they feel unable to stop smoking when they want to.

•• By the age of 16. any peer pressure to initiate others to smoking is gone. In fact, smokers openly bemoan the sight of 11 or 12 year olds that they see smoking, and in effect, the 16 year olds now act towards their juniors as their own parents act towards them.

•• Still, smoking provides a reason for socializing with other smokers, and to some this is reason enough to continue.

•• Many claim they wish to quit, but it is doubtful if many will take action on their desire.

•• Those who had tried quitting were not successful, though any that had been would not have been part of this study.

•• Though they accept health warnings as true, the threat is perceived as so far in the future as to be scarcely related to actions taken now.

•• The health warning clause is perceived as an intrusion by government on individual rights', and a sham since governments make vast sums on tobacco tax, and alcohol, also perceived as dangerous, bears no warning clause.

•• The 'avoid inhaling' words are singled out for the strongest derision since smoking a cigarette in this way is seen as a waste and, in their word, 'goofy'.

•• Non smoking peers, especially those who have quit, are respected and admired.

•• Smokers tend to feel non smokers are more sure of themselves, less nervous, but perhaps less sociable and outgoing.

•• There is little reason to believe that, barring a drastic shift in social or governmental attitudes, smoking among the adolescents will lose its appeal, or that teenage smokers will turn their lip service to quitting into real action.

•• The first brand chosen by the beginning smoker is usually the first brand tried. This was DuMaurier in more instances than any other brand. As smoking proficiency grows, brand experimentation takes place.

•• The boys tended towards higher tar regular length brands such as Export A, Players and DuMaurier. Low tar brands were much disliked.

•• The girls, on average preferred higher tar King Size brands, but especially in Toronto, some smoked lower tar brands.

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· Canada
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· Imperial (ca)

Ex-tobacco exec denies firm targeted teens 

But evidence shows Imperial commissioned study in 1977
Jump to full article: Montreal Gazette (ca), 2012-04-13
Author: aaron derfel, GAZETTE health reporter

Intro:

- A retired executive with Imperial Tobacco testified in Quebec Superior Court Thursday that his company never aimed its advertising at teens but rather toward “young adults.”

“Our advertising was directed to adult smokers because this (is) an adult project,” said Anthony Kalhok, who served as vice-president of marketing for Montreal-based Imperial in the 1970s.

“We only marketed to the young adult population,” he added in response to another question by lawyer Bruce Johnston. “We did not market to teens.”

However, lawyers for plaintiffs in a $27-billion class-action against Imperial and two other tobacco companies have deposited as evidence in court, a study that Imperial commissioned in 1977 on the smoking habits of teens and their perceptions toward cigarette advertising.

Imperial had hired a Montreal firm, Kwechansky Marketing Research Inc., to carry out surveys of teen smokers in Toronto and Peterborough. The report was entitled “Project 16.”

“Since how the beginning smoker feels today has implications for the future of the industry, it follows that a study of this area would be of much interest,” says the introduction to the 97-page report.

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VIDEO: Tobacco suit: Imperial had no credibility when it denied cancer link, ex-spokesman says 

Jump to full article: Ottawa (Ont) Citizen (ca), 2012-04-12
Author: William Marsden, Postmedia News

Intro:

Despite mounting evidence in the 1960s that smoking tobacco was killing more than 30,000 people in Canada every year, Canada's largest tobacco company made no effort to inform the public about the dangers of its products, a former Imperial Tobacco executive testified Tuesday in the $27-billion class-action lawsuit against the nation's three largest tobacco companies.

Michel Descoteaux, who for years served as Imperial's official spokesman, said the company's policy was to claim that there was no scientific evidence linking smoking to disease.

He said that because of this policy the company had "no credibility" with the general public.

"The reputation of the company was very bad," he said. "Public opinion was that cigarettes were causing all kinds of diseases."

He added that the company "had no credibility even among smokers."

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Former tobacco exec tells historic trial he helped destroy documents  

Jump to full article: Canadian Press, 2012-04-02

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· Delaware
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Imperial Tobacco: un chercheur obligé de dissimuler des preuves 

[Imperial Tobacco: a researcher obliged to conceal evidence]
Jump to full article: Cyberpresse (ca), 2012-04-04
Author: André Noël La Presse

Intro:

The research director of Imperial Tobacco was furious against the chief counsel of the company, which required him to get rid of scientific reports on the effects of tobacco on health, said on Tuesday in Superior Court.

The director, Patrick J. Dunn, expressed his anger against lawyers in 1994, in a document which was presented at trial in class action against Imperial Tobacco, Rothmans and JTI-McDonald / Benson & Hedges.

British American Tobacco (BAT), parent company of Imperial Tobacco, feared incriminating reports are filed in courts. BAT's lawyer has asked counsel of Imperial, Roger Ackman, to get rid of any reports of BAT who were in the offices of Imperial in Montreal.

"These damned business!"

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BOISVERT: La responsabilité morale des avocats  

[ The moral responsibility of lawyers]
Jump to full article: Cyberpresse (ca), 2012-04-02
Author: Yves Boisvert La Presse

Intro:

Difficult to know exactly what role did Mr. Potter, but there are two letters from him talking about destruction of a series of documents. At the time, no charges were brought against Imperial Tobacco, and no legal obligations forced the company to provide these documents. According to the parent, BAT, the original documents at the registered office was in England.

Apparently nothing illegal, therefore, to orchestrate a household documents. As there is nothing illegal to undertake all kinds of procedures that have resulted in this lawsuit is heard 14 years after registration.

But lawyers do not they have a moral responsibility towards justice that transcends the interests of their client? Is it normal to participate in the destruction of incriminating documents that, in all probability, could be overwhelming evidence tomorrow?

For full of lawyers, it was infinitely normal and natural. After all, the operation was not it covered with an exquisite legality?

Sad chapter for this honorable profession, Judge Kessler said in 2006.

Sad and dirty, if you ask me.

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· Imperial (ca)

Day 10 - Some of the Destroyed Documents Come to Light 

Jump to full article: Eye on the Trials (ASPQ) (ca), 2012-04-03
Author: Michael DeRosenroll for Cynthia Callard

Intro:

The second day of retired Imperial Tobacco General Counsel Roger Ackman's testimony began with the lawyers battling over the admissibility of study reports destroyed by the company in the early 1990s but now recovered from British American Tobacco (BAT), Imperial's UK-based parent company.

The night before, plaintiff-side lawyer Gordon Kugler had given Mr Ackman five of the roughly 100 studies to read so that he could answer questions about them. But Mr Kugler had hardly begun questioning Mr Ackman on the first study (a 1974 study called "Experimental Tumorigenesis in the Hamster Larynx") when Mr Ackman, seeming to forget he was there as a witness and not Imperial's lawyer, started objecting to the judge about the questions rather than answering them.

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Tobacco exec says he destroyed research 

'That was the way it was done'
Jump to full article: Windsor (Ont) Star (ca), 2012-04-03

Imperial (ca)
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