Scientist: Tobacco industry tried to limit health risks

WASHINGTON (AP) — The retired head of research and development for R.J. Reynolds Tobacco Co. testified Monday in a civil racketeering lawsuit that the company had been trying to reduce the health risks of smoking since the early 1950s.

Consumer preferences and design issues were among the problems making that goal difficult, said David Townsend, a research scientist who spent 27 years at Reynolds before retiring earlier this year.

The Justice Department, which filed the lawsuit, focused on discrediting Townsend’s expert status. Justice Department lawyer Joel Schwartz said Townsend had testified for the industry in 22 cases, and Schwartz questioned whether it rewarded Townsend for testifying on its behalf in other industry suits.

Schwartz pointed to several letters recommending Townsend for a promotion that mentioned his participation in trials, though he was being considered for a scientific job, not something that would require the type of skills attained at trial.

Townsend said he never compromised his testimony for the sake of promotions or bonuses.

The Justice Department filed the lawsuit in 1999 under a statute designed to prosecute mobsters. The government alleges the industry spent decades conspiring to conceal the health risks of smoking.

The trial is in its fifth month. Cigarette makers began their defense Monday and are expected to take about two months. Then both sides will address potential remedies.

An appeals court last month barred the government from seeking $280 billion from the tobacco industry. The government is appealing that ruling but has said it will ask U.S. District Judge Gladys Kessler to impose other penalties, including requiring tobacco companies to pay for smoking cessation programs and education campaigns.

Kessler denied a Justice Department request to throw out Townsend’s testimony based on the contention that he blurred the lines between expert and fact witness. But she said Schwartz’ questions had brought out issues of “credibility and bias.”

Anthony J. Sebok, a law professor at Brooklyn Law School, said the government will likely continue hammering at defense witnesses.

The defendants in the lawsuit are: Philip Morris USA Inc. and its parent, Altria Group Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Co.; British American Tobacco Ltd.; Lorillard Tobacco Co.; Liggett Group Inc.; Counsel for Tobacco Research-U.S.A.; and the Tobacco Institute.