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1992 - Present: Senior Behavior Analyst, Department of Mental Retardation, 1901 DuPont Highway, Wilmington, Delaware.19720

(302) 577-4928

Supervisor: Scott Daner, MA.

Still there.

Question Number 2:

I have not been discharged, asked to resign or left employment involuntarily with the exception DuPont Merck who I have filed a lawsuit against. See answer to Question Number 4.

Question Number 3:

I have not been counseled for poor performance of any kind, including, but not limited to, charges of improper research procedure or manipulation of test data or research conclusions at any of the positions that I have held. In fact, I have been given outstanding reports of my research and management skills, as well as, accomplishment awards for outstanding scientific contributions.

Question Number 4:

I have filed a lawsuit against DuPont Merck for wrongful termination in the Superior Court of Delaware. I expect that this lawsuit will come to conclusion within a year. As I do not wish to jeopardize any legal position that I may have, I suggest you address further questions directly to my counsel, Mr. Bayard Snyder, Esq., Suite 830, PNC Bank Building, 300 Delaware Avenue, Wilmington, Delaware, 19899. Telephone Number: (302) 6578300.

In addition to the above positions, I have also held adjunct teaching positions at the following universities or colleges: University of Delaware. 1989-1990, Trenton State College, 1986-1987, Virginia Commonwealth University. 1983-1986, State University of New York, 1976-1978, City University of New York, 1976-1978. The answer to questions two and three apply to these positions as well.

I have addressed your questions to the best of my knowledge and I would welcome any further questions related to issues before the subcommittee.

Respectively.

Lli

Victor J. DeNoble, Ph.D

LIST OF DOCUMENTS WHICH HAVE BEEN RETAINED IN COMMITTEE FILES

On May 9, 1994, Philip Morris submitted additional documents to the Subcommittee that pertain to the work of Dr. DeNoble. The following documents from Philip Morris have been made part of the record for this hearing and are available for review by the public at the office of the Committee on Energy and Commerce and the office of Representative Henry A. Waxman:

Philip Morris Interoffice Correspondence, Discrimination Studies, May 7, 1980.

Philip Morris Interoffice Correspondence, Possible Restructuring of the Behavioral Research Lab, June 18, 1980.

Philip Morris Interoffice Correspondence, Research Progress Concerning Discrimination and Prostration Studies, August 18, 1980.

Philip Morris Interoffice Correspondence, The Behavioral
Pharmacology Program, October 14, 1980.

Philip Morris Interoffice Correspondence, Progress in Behavior Pharmacology Laboratory, March 27, 1981.

Philip Morris Research Center Manuscript Review Board Information Sheet, Studies on the Effects of Intraventricular Infusions of (-)-Nicotine on Behavior Maintained under Fixed Ratio Schedules, January 20, 1981.

Philip Morris Interoffice Correspondence, Progress Report, August 24, 1981.

Philip Morris Research Center Manuscript Review Board Information Sheet, Brain Sites Involved in the Mediation of the Behavioral Effects of Intraventricularly Administered (-)Nicotine, March 1982.

Article published in Psychopharmacology, Behavioral Effects of
Intraventricularly Administered (-)-Nicotine on Fixed Ratio
Schedules of Food Presentation in Rats, by Victor J.
DeNoble, Yvonne Dragan, and Lisa Carron, Spring 1982. Philip
Morris Interoffice Correspondence, Progress Report, April
21, 1982.

Philip Morris Interoffice Correspondence, Project Number 1610 (Behavioral Pharmacology) Objectives and Plans--1982-1983, July 20, 1982.

Philip Morris Interoffice Correspondence, Promotion of Dr. Victor J. DeNoble to Associate Senior Scientist, March 1, 1983. Philip Morris Interoffice Correspondence, Behavioral Pharmacology Annual Report--1983, June 1, 1983.

Philip Morris Interoffice Correspondence, Prostration and
Discrimination Tests, June 14, 1993.

Philip Morris Interoffice Correspondence, Project 1610
(Behavioral Pharmacology) Objectives and Plans, 1984,
September 6, 1983.

Termination of Chronic Acetaldehyde Administration Does Not
Result in a Physical Dependence Syndrome, Philip Morris
Research Center, (not dated).

Philip Morris Research Center Manuscript Review Board Information Sheet, Effects of Chronic Nicotine Administration and Its Termination on Schedule-Controlled Behavior in Rats, (not dated).

Nicotine as Positive Reinforcer for Rats: Effects of Infusion Dose and Fixed Ratio Size, Victor J. DeNoble, Paul C. Mele, and Francis J. Ryan, Philip Morris Research Center, (not dated).

Development of Behavioral Tolerance Following Chronic Nicotine Administration, Paul C. Mele and Victor J. DeNoble, Biochemical Research Division, Philip Morris Research Center, (not dated).

Federation of American Societies for Experimental Biology,
Federal Proceedings, Abstracts, 70th Annual Meeting, St.
Louis Missouri, April 13-18, 1986, Volume 45, Number 3,
March 1, 1986.

REGULATION OF TOBACCO PRODUCTS

TUESDAY, MAY 17, 1994

HOUSE OF REPRESENTATIVES,

COMMITTEE ON ENERGY AND COMMERCE,

SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT,

Washington, DC. The subcommittee met, pursuant to notice, at 9:58 a.m., in room 2123, Rayburn House Office Building, Hon. Henry A. Waxman (chairman) presiding.

Mr. WAXMAN. The meeting of the subcommittee will come to order.

Just over 1 month ago, this subcommittee heard remarkable testimony from the leaders of our Nation's largest tobacco companies. Testifying under oath, they told us they believe that nicotine in tobacco is not addictive, that tobacco doesn't cause disease, and advertising doesn't encourage children to smoke. In stark contrast to the findings of the Surgeon General, tobacco company executives argued that tobacco is simply one of many health risks encountered in everyday life.

Two weeks ago, we heard testimony from two Philip Morris researchers whose innovative but secret work could have alerted public health officials in 1982 to the addictive nature of nicotine. More recently, news reports have revealed evidence that knowledge of the addictive nature of nicotine was well known within the tobacco industry 20 years before Drs. DeNoble and Mele began their work for Philip Morris.

This morning's hearing is a continuation of the subcommittee's investigation of the tobacco industry. We are trying to answer a difficult question: Did the tobacco companies implement one of the most concerted and well organized conspiracies of silence in corporate America?

In a 1992 opinion involving the Liggett Tobacco Group, Federal Judge H. Lee Sarokin testified that the tobacco industry may be the "king of concealment and disinformation".

Recent reports in the media suggest that Judge Sarokin was correct. Despite industry assurances to the contrary, it now appears that a voluminous body of nicotine research was conducted over 30 years ago by the British-American Tobacco Company in England and shared with the U.S. tobacco industry through BAT's subsidiary, the Brown and Williamson Tobacco Company of Louisville, Ky. Reports in the New York Times, Wall Street Journal, Washington Post, and other news outlets suggest that the adverse health effects of tobacco, including the addictive nature of nicotine, were by the early 1960's known and accepted by senior company officials (157)

84-528 95-6

at Brown and Williamson. According to an account in the New York Times, these research findings so shocked the industry that a decision was made in 1963 to withhold this information from the Surgeon General's Advisory Committee on Smoking and Health. Had this information been made available, a growing number of public health authorities believe public policy toward tobacco may have been dramatically altered.

On May 11, the subcommittee invited Mr. Thomas Sandefur, Jr., of Brown and Williamson and Patrick Sheehy of British-American Tobacco to testify concerning these serious allegations. Mr. Sheehy of BAT notified the subcommittee by letter that the company would not appear to answer questions on this matter. At the request of Mr. Sandefur's attorney, we have agreed to postpone his testimony until Friday, May 20.

In light of this postponement, we will hear from only one witness this morning. Joseph Califano is currently the director of the Center on Addiction and Substance Abuse at Columbia University. As domestic policy advisor to President Lyndon Johnson and Secretary of Health, Education, and Welfare under President Jimmy Carter, Mr. Califano is uniquely qualified to comment on the impact of the tobacco industry suppression of research during the critical, formative years of U.S. tobacco control policy.

During congressional hearings in 1965, Congress heard tobacco industry scientists repeatedly criticize the findings of the Surgeon General's 1964 report. They argued that any effort to link cigarette smoking to human illness or mortality was, quote, "a considerable element of guess and gamble", end quote. But the 89th Congress didn't hear from those who conducted or evaluated the tobacco industry's secret research projects. The Congress didn't have the 1963 memorandum referred to in the New York Times where Addison Yeaman, the general counsel of Brown and Williamson, acknowledged that cigarette smoking was addictive, an admission more sweeping and clear than the findings of the Surgeon General. Mr. Califano will testify on the impact withholding the information had on Federal efforts to curtail tobacco use and the cost to the Medicare program. In fact, the Center on Addiction and Substance Abuse at Columbia University has concluded that cigarette smoking is the largest single drain on the Medicare trust fund. Unless Congress recognizes this fact, the high cost of cigarette smoking will continue to threaten the Medicare system and will cause the expenditures of untold billions of health care dollars.

Before recognizing other members of the subcommittee for their statements, I want to make some brief comments about our hearing for next Friday. We expect the chief executive officer of Brown and Williamson, Thomas Sandefur, to testify before this subcommittee.

The tobacco industry may not like it, but their days of secrets on health research and health impacts are over. The public has a right to know this information, and this subcommittee will not be intimidated by the industry's cadre of lawyers and public relations specialists. In meeting our responsibility, this subcommittee will proceed fairly and protect the rights of every witness who testifies.

Mr. Sandefur's lawyers have made a clearly inappropriate request to review documents the subcommittee has received in the

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