Data from research on Eclipse lack substance, doctor testifies

By: JournalNow Staff | THE ASSOCIATED PRESS
Published: October 10, 2008

An expert on smoking and health said Wednesday that R.J. Reynolds Tobacco Co. relied on suspect data to support its claim that smokers of its Eclipse cigarettes may face less risk.

Testifying in a civil lawsuit, Dr. David Burns, a pulmonologist and professor emeritus at the University of California, San Diego's medical school, said that too few people participated in studies of the cigarette and that they didn't use it long enough for scientists to draw meaningful conclusions about whether it is safer than other brands.

The state of Vermont is suing Reynolds over what it says were misleading claims that the Eclipse may carry less risk of cancer and other health ailments.

Filed in 2005 on behalf of Vermont and 36 other states, the suit says that Reynolds violated consumer-fraud statutes in its marketing of the cigarette and asks for a court order barring Reynolds from making the claims.

Reynolds contends that smokers' risk of cancer, chronic bronchitis and possibly emphysema are reduced with Eclipse because the cigarettes heat the tobacco without burning it.

"We believe the claims we have made regarding the product have been supported by credible and reliable scientific data," said Thomas McKim, the vice president and deputy general counsel, in an interview outside the Chittenden County Superior Court courtroom.

Burns, called as an expert witness by the state, testified for a second day about the Reynolds studies that the company says provide adequate scientific foundation for the ad claims.

The trial is expected to last a month.

Reynolds plans to call about 13 witnesses, including company scientists and outside experts who will vouch for the credibility of the studies, according to McKim.

The other states involved in the case are Alaska, Arizona, Arkansas, California, Connecticut, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Washington, Wisconsin and Wyoming.