Committee on the Care of Children

284   “quite elderly”: Alexander Holtzman (General Counsel, Philip Morris), To Bill Murray, “Subject: Fred Seitz,” August 31, 1989. Bates Number: 2023266534.

 

284   “same tactics and strategies”: Mark Hertsgaard, Hot: Living Through the Next Fifty Years on Earth, Chapter 10, “This Was A Crime,” Houghton Mifflin 2011, 260.

 

284   Federal Centers for Disease Control alerted: Walter V. Robinson, “Aspirin Industry Slowed U.S. On Reye’s Peril, Officials Say,” Boston Globe, January 17, 1985.

William Kleinknecht, The Man Who Sold the World: Ronald Reagan and the Betrayal of Main Street America, Nation Books, 2009. Chapter Five, “The Looting of America,” 113. On Aspirin, Reye’s and Tozzi, Kleinknecht is mournful and fascinating.

 

284      “The hell of self-questioning”: Rudyard Kipling, “Without Benefit of Clergy,” 1890. Collected in The Courting of Dinah Shadd and Other Stories, Harper & Bros., 1890.

 

285      only with viruses: Irvin Molotsky, “Critics Say F.D.A. Is Unsafe In Reagan Era,” The New York Times, January 4, 1987.

 

285      Reye’s was killing or crippling: ABC News, “World News Tonight,” June 28, 1982.

 

285      Jessica Van Dyke came down with chicken pox: Larry Doyle, “Aspirin and Deadly Reye’s Syndrome: Warnings Can Be Missed,” Los Angeles Times, May 31, 1987.

 

285      “We never knew about Reye’s”: Doyle, Los Angeles Times.

 

285      “that was what you were supposed to do”: ABC News, “World News Tonight,” June 28, 1982.

 

285      Four separate studies: Walter V. Robinson, “Aspirin Industry Slowed U.S. On Reye’s Peril, Officials Say,” Boston Globe, January 17, 1985.

 

285      a warning label on aspirin: Larry Doyle, “Aspirin-Reye’s Chronology: Threat of Suits Delayed Warning Process,” Los Angeles Times, May 31, 1987.

 

285      He picked up the phone: In 1993, Jim Tozzi told Washington Monthly he called a pediatrician. (David Segal, “Lemon Laws,” Washington Monthly, January 1993.) Tozzi’s phrasing to the Los Angeles Times was a little more official-sounding. He consulted with “an outside scientific expert.” (Larry Doyle, “Aspirin-Reye’s Chronology: Threat of Suits Delayed Warning Process,” Los Angeles Times, May 31, 1987.)

 

285      “You have not made your case”: Larry Doyle, “Aspirin-Reye’s Chronology: Threat of Suits Delayed Warning Process,” Los Angeles Times, May 31, 1987.

Kleinknecht, The Man Who Sold the World. 113. Kleinknecht sees Tozzi as a distinctly Reagan-era figure—the embodiment of certain Reagan-era norms and attitudes. Their quintessence, for him, is the aspirin story.

 

Never was the immorality of the administration displayed more vividly than in a sad episode from the early 1980s, an all-but-forgotten tale of young lives lost and families shattered that by itself is enough to belie the benevolent, populist image of Ronald Reagan.

 

286      The committee leaned on broadcasters: They also did ads of their own, radio and TV.

Howard Burkholz, The FDA Follies: An Alarming Look At Our Food and Drugs in the 1980s, Basic Books, 1994. 18.

Like David Michaels in Doubt Is Their Product, Burkholz credits Public Citizen with forcing the label issue.

 

286      “Now that’s going to be”: Doyle, “Aspirin and Deadly Reye’s Syndrome,” Los Angeles Times.

 

286      argued data and crisis out of the language: Walter V. Robinson, “Aspirin Industry Slowed U.S. On Reye’s Peril, Officials Say,” Boston Globe, January 17, 1985.

 

286      “All medical experts agreed”: Doyle, “Chronology,” Los Angeles Times.

 

286      “Basically telling parents”: Doyle, “Aspirin and Deadly Reye’s Syndrome,” Los Angeles Times.

 

286      In 1985, one last study: Marlene Cimons, “New Study Strongly Links Aspirin, Reye’s Syndrome,” Los Angeles Times, January 9, 1985.

The study itself, reviewed by the Academy’s Institute of Medicine, came out of the federal Centers for Disease Control. Labels arrived in 1986.

 

286      “a public health triumph”: Arnold S. Monto, “The Disappearance of Reye’s Syndrome—A Public Health Triumph,” The New England Journal of Medicine, May 6, 1999.

 

286      From 658 before government intervention: Ralph E. Kauffman, MD, “Reye’s Syndrome and Salicylate Use, by Karen M. Starko, MD, et al, Pediatrics, 1980;66:859–864; and National Patterns of Aspirin Use and Reye Syndrome Reporting, United States, 1980 to 1985, by Janet B. Arrowsmith et al, Pediatrics, 1987;79:858–863,” Pediatrics (July 1998), Supplement 1. 259–62.

“Coincident with the decreased use of aspirin, cases of Reye’s syndrome reported annually to the National Reye Syndrome Surveillance System declined from a peak of 658 cases in 1980 . . .”

 

286      to 36, then two: Ermias D. Belay et al, “Reye’s Syndrome in the United States from 1981 through 1997,” The New England Journal of Medicine, May 6, 1999.

 

286      “an untold number of children”: David Michaels, Doubt Is Their Product, Oxford University Press 2008. Introduction, ix.

 

286      “forgotten by all except the families”: Kleinknecht, Man Who Sold the World. 115. A kind of national erasure. Kleinknecht observes, “No major newspaper has since carried a single mention of the issue.”

 

286      At first, Jim Tozzi took credit: As Kleinknecht notes, with mournful archness, “Tozzi’s version of these events has been curiously inconsistent.” Man Who Sold the World, 114.

 

286      “The rule would have gone out”: Barbara Hinkson Craig (introduction by Alan B. Morrison), Courting Change: The Story of the Public Citizen Litigation Group, Public Citizen Press 2004, 306.

David Michaels credits Public Citizen’s Health Research Group (p. x, Doubt Is Their Product) with forcing the aspirin issue. (The Washington Post credits them too.) For the consumer interest organization Public Citizen Health Group it’s unequivocal. Jim Tozzi is “the OMB official responsible for deciding that the labeling rule was unwarranted.”

 

286      “Procedurally” Jim Tozzi said: Walter V. Robinson, “Aspirin Industry Slowed U.S. On Reye’s Peril, Officials Say,” Boston Globe, January 17, 1985.

 

286      “If you ever wanted a case”: Another doctor expressed it with more aching color. (Doyle, “Aspirin and Deadly Reye’s Syndrome.”) “None of these companies,” said Dr. Sidney N. Wolfe, director of the Public Citizen Health Research Group, “has been anything but horrendous about it.” The horrendousness? “They have put pressure wherever they could,” Wolfe said. “And they have been responsible for the years’ delay in getting these warning labels.”

 

286      “We could end up with”: Segal, “Lemon Laws,” Washington Monthly, 1993. So wolfishly good, let’s enjoy the whole thing: “We don’t know the other side of this,” he told the magazine. “We could end up with a whole generation of kids hooked on Tylenol because of that regulation.”

 

287      the estimate is 1,470 childhood deaths: Devra Lee Davis, Patricia Buffler, “Reduction of Deaths After Drug Labelling for Risk of Reye’s Syndrome,” The Lancet, October 24, 1992. “These 1,470 deaths were especially tragic,” Buffler and Davis write, “because they were, typically, healthy children who never recovered from viral infection or chicken pox.”

The New York Times, “Delay on Aspirin Warning Label Cost Children’s Lives, Study Says,” October 23, 1992.

“The report by Dr. Buffler [dean of the School of Public Health at the University of California, Berkeley] and Dr. Devra Lee Davis of the National Academy of Sciences is in Saturday’s issue of the British medical journal The Lancet. It notes that Reye’s syndrome deaths dropped off sharply after warning labels were required in 1986.”

Washington Monthly calls these figures “conservative,” and points out “now that parents are warned about Reyes, the syndrome has virtually disappeared.” Segal, “Lemon Laws.”

 

287      he’d had no part in the aspirin fight: Kleinknecht, The Man Who Sold the World, 115.

 

287      Roger Ailes: J. Boland/T. Borelli, To: T. Collamore, “Re: Monthly Budget Supplement Re: ETS/OSHA Federal Activities,” Philip Morris, February 17, 1993. Bates No. 2071027387.

 

287      So did Karl Rove: John Mintz, “Big Tobacco Takes Its Chances on Bush,” Washington Post, February 18, 2000.

 

287      He enrolled at Tulane: This and other data about Jim Tozzi comes from Chris Mooney’s prickly and compelling reporting, for places like Washington Monthly, Mother Jones, and the Washington Post, and in his book The Republican War on Science. This portrait is in that volume’s Chapter 8: “Wine, Jazz and ‘Data Quality.’”

 

287      sat behind a desk in the army: William Kleinknecht has this as the Secretary of the Army’s office on page 111 of The Man Who Sold the World. So does Dan Davidson, “Jim Tozzi: Nixon’s ‘Nerd’ Turns Regulatory Watchdog,” Federal Times, November 11, 2002. Per the Los Angeles Times, Tozzi served: in Vietnam. (Eric Bailey, “Activist Enlists Unlikely Ally in Bid to Legalize Pot,” Los Angeles Times, July 18, 2005.) He’s the kind of man who spawns multiple stories.

 

287      “That nerd over there”: Dan Davidson, “Nixon’s ‘Nerd’ Turns Regulations Watchdog,” Federal Times, November 11, 2002. Mooney, Republican War on Science, 105. Kleinknecht, The Man Who Sold the World, 112.

 

287      “What did we let out of the box?”: Dan Davidson, “Nixon’s ‘Nerd’ Turns Regulations Watchdog,” Federal Times, November 11, 2002. Kleinknecht, 112.

 

287      “the single most influential person”: “Profile—OMB’s Jim Joseph Tozzi,” Environmental Forum, May 1982.

Per the piece, the assessment was first made during the Ford administration (a brief dull sliver between August 1974 and January 1977). Forum wraps up, “In the environmental field, Jim Tozzi is an institution.” (Keep in mind, he’d been there about a decade.)

Then the magazine makes a prediction so accurate it sends a little chill down the spine: “Tozzi is, has been, and will be controversial in the environmental field, partly because of the scope of his influence, and partly because of the nature of its often being wielded behind closed doors.” This reminds me of the introduction to a collection of short stories, where John Updike says the moral is that “people are incorrigibly themselves.”

As Tozzi recalled to Chris Mooney (“Paralysis by Analysis,” Washington Monthly, May 2004), environmentalists of the period would ask, “Christ, who’s running EPA —Tozzi?”

And here’s Environmental Forum again.

 

According to one top former EPA official, the agency history has historically had a host of different strategies for getting its policies adopted: “We would ask ourselves, ‘What’s our presidential strategy. What’s our congressional strategy? What’s our Tozzi strategy?’”

 

Kleinknecht keeps it simple. “It was in this period that Tozzi became recognized by insiders as one of the most influential people in Washington, even though he was virtually unknown to the public.” Man Who Sold the World, 112.

 

287      “Every weekday evening”: Peter Behr, “If There’s a New Rule, Jim Tozzi Has Read It,” Washington Post, July 10, 1981. Kleinknecht, Man Who Sold the World, 112: “Every proposed regulation had to be crafted in a way that would pass muster with Tozzi.”

 

288      Like his environmental work: When the great political writer Thomas Franks—I made everyone I know either read or listen to my gleefully despairing synopsis of What’s the Matter with Kansas?—visited Tozzi’s office, he took a verbal snapshot.

 

This supremely inventive anti-bureaucrat seemed quite at ease amid all the controversy. Tozzi’s office, when I visited him in 2008, featured a humorous caricature of himself as a Godfather type with the motto “We don’t leave no fingerprints”; on his walls were framed copies of a critical newspaper story and a review of a book that dealt with him harshly.

 

Thomas Franks, The Wrecking Crew, Henry Holt 2008. Chapter Seven, “Putting the Train in Reverse,” 170.

 

288      Tozzi’s nickname was military: Peter Behr, “If There’s A New Rule, Jim Tozzi Has Read It,” Washington Post, July 10, 1981.

Ken Godwin, Scott H. Ainsworth, Erik Godwin, Lobbying and Policymaking: The Public Pursuit of Private Interests, CQ Press|SAGE 2013. Chapter Three “The Policy Process,” 68.

The three academics have a flavorful word for a figure like Jim Tozzi: “Policy entrepreneur.” And in their dry way, they catch the man’s swank. “In many respects, the most interesting policy entrepreneur in our case studies was Jim Tozzi.”

Weirdly, and you’ll see the same effect in operation below, Tozzi somehow worked his nickname into stories about things he’d done, a kind of linguistic stealth. The capstone of Tozzi’s career is a law called the Data Quality Act. Harper’s described this as “stealth legislation,” never knowing about the nickname. Brian Urstadt, “One-Act Farce,” Harper’s, June 2003.

 

288      “I don’t want to leave fingerprints”: Thomas Franks, The Wrecking Crew, Henry Holt 2008. Chapter Seven, “Putting the Train in Reverse,” 166.

Peter Behr, “If There’s A New Rule, Jim Tozzi Has Read It,” Washington Post, July 10, 1981.

Also weirdly, his M.O. became something people said about Tozzi. In a 2004 Washington Post piece, Ken Cook, of the D.C.-based Environmental Working group, explained, “He knows where the sensitive spots are and where to press and leave no fingerprints.”

Rick Weiss, “‘Data Quality’ Law Is Nemesis of Regulation,” Washington Post August 16, 2004.

 

288      He’d mix them drinks: Twohey, “Jim Tozzi: On Jazz and OMB,” Federal Paper, November 18, 2002. “A lobbyist who also owns a black Yamaha piano and a vintage globe that contains a secret booze stash.” Chris Mooney, “Paralysis by Analysis,” Washington Monthly, May 2004. “Tozzi stands up, saunters past his piano and a globe containing a hidden alcohol stash.” Chris Mooney, The Republican War on Science, 104.

 

288      “Things get really interesting at night”: Megan Twohey, “Jim Tozzi: On Jazz and OMB,” Federal Paper, November 18, 2002.

 

The telescope belongs to Jim Tozzi, an eccentric former bureaucrat who enthusiastically confesses to a hobby of spying on neighbors from the office of his consulting firm, Multinational Business Services Inc.

“Things get really interesting at night,” says Tozzi, a lobbyist who also owns a black Yamaha piano and a vintage globe that contains a secret booze stash.

 

288      “I’m a dirty old man”: Chris Mooney, “Paralysis by Analysis,” Washington Monthly, May 2004. The drink Tozzi mixed Chris Mooney is called a “Dirty Girl Scout.” Which pairs kind of badly with the telescope. Republican War on Science, 104. Note 3.

 

288      Whatever human switches must be deactivated: He suffered, a bit, from the Reverend’s affliction. Challenged about some aggressive interoffice government behavior, Jim Tozzi replied, “Jim Tozzi doesn’t need to talk that way.”

Howard Kurtz, “OMB’s Role in Reviewing Federal Rules Under Debate,” Washington Post, October 9, 1983.

 

288      “So was Mary Magdalene”: Michael Weisskopf, “Lobbyists Cite ‘Danger,’ but Also See Opportunity,” The Washington Post, December 15, 1992.

 

288      The best person ever: There are lots of these; Federal Times calls him “the guru of beltway rulemaking,” and even the academics more or less say he’s the (colorful) exemplar. But let’s do these fast. In the order of my file of Tozzi reviews.

“Ultimate insider”—National Public Radio “Washington Lobbyist Posting Regulatory Processes on a Web Site,” All Things Considered, April 13, 2005.

“Master of the chessboard”—Los Angeles Times, “Activist Enlists Unlikely Ally In Bid To Legalize Pot,” July 18, 2005.

“Almost legendary”—Federal Times, “Nixon’s ‘Nerd’ Turns Regulations Watchdog,” November 11, 2002.

“Premier tactician”—David Michaels, Doubt is Their Product, 58.

Some other options were the Post’s “master craftsman,” the Los Angeles Times’ “Dr. Evil,” “cancer man from The X-Files,” and “stealthy genius,” Washington Monthly’s “master of the game”; William Kleinknecht (Man Who Sold the World, 111) runs with the more morals-based “proverbial wolf in sheep’s clothing.”

 

288      Tangling up regulations in the calendar: Tozzi’s government office had been charted as a singularity.

 

It quickly became known as a bureaucratic “black hole,” where proposed regulations went in for review and never came out, said Joan Claybrook, president of Public Citizen, a Washington-based consumer advocacy group.

 

Weiss, “Data Quality Law,” Washington Post, 2004. This is what Chris Mooney means by calling his Tozzi piece “Paralysis By Analysis.”

 

289      $40,000 a month: Elisa K. Ong, MD, MS, and Stanton A. Glantz, PhD, “Constructing ‘Sound Science’ and ‘Good Epidemiology’: Tobacco, Lawyers, and Public Relations Firms,” American Journal of Public Health, November 2001 Vol. 91 No. 11.

 

289      capped this annual salary, at $610,000: Chris Mooney, The Republican War on Science, Chapter Eight, “Wine, Jazz, and Data Quality,” 109.

Elisa K. Ong, MD, MS, and Stanton A. Glantz, PhD, “Constructing ‘Sound Science’ and ‘Good Epidemiology,’” 2001.

 

289      ranged the capital by: Franks, The Wrecking Crew. Chapter Seven, “Putting the Train in Reverse,” 170.

 

289      “Best wishes for your continuing success”: Craig Fuller, To: Jim Tozzi (with a BCC to Ellen Merlo), July 13, 1993. Philip Morris Records. Bates No. 2946597569.

For a slightly gray sense of how our county operates, Craig Fuller—that Philip Morris VP—had previously served four years as White House Cabinet Secretary under President Reagan; then another four as Chief of Staff to Vice President George Bush.

The Washington Post reported in 1992, “With the exception of Barbara Bush, Fuller was often the first person to talk to the vice president after he awoke and the last to talk to him before he went to sleep.” He was displaced, once Bush became President, by: John Sununu, the “pirate” who frightened senators and escorted President Bush down the hallways of climate denial. (The Post, reflecting after Sununu’s defenestration from government, calls him “the hapless Sununu.”) Fuller, as of 2023, is on the Advisory Council of APCO, the publicists who worked with Philip Morris to create their Junk Science coalition. (The ones who conveyed Ellen Merlo’s editorial suggestions to S. Fred Singer.) All in all, a reasonably successful Washington career.

 

289      the George Marshall Institute: In both Merchants of Doubt—2010 book and 2014 documentary—Naomi Oreskes puts the blame on Seitz’s Cold War fandom. That is, at all times he was fighting off enemies of the American people, of our economic system, and when the Soviets receded trained his armaments on other threats. The fear—the reality never materialized—that regulating the ozone-eating chemicals would prove financially ruinous; that action on global warming would be one giant dunker for the financial markets. Seitz was as much a national defender as Clarence Cook Little a race defender.

 

289      “George Marshall must be”: “U.S. Senator John McCain (R-AZ) Holds Hearing On Global Warming,” Political Transcript Wire, November 16, 2004.

https://www.c-span.org/video/?184463-1/global-climate-change-assessment&start=8030

Accessed 7-5-22.

 

289      In June 1993: Jim Tozzi, To: Steve Parrish, Philip Morris, June 14, 1993. Philip Morris Records. Bates Number: 2023593723.

Multinational Business Services, To: Steve Parrish, Philip Morris, Invoice, June 1993. Bates Number: 2023593676-3679.

 

289      “a meeting between”: Multinational Business Systems, “Work Activities To Convince Opinion Makers, “Work Activities To Convince Opinion Makers That EPA’s ETS Risk Assessment Is Based On Bad Science And To Invalidate EPA’s Designation Of ETS As A Group A Carcinogen | Reopening The ETS Risk Assessment, Report Number 4,” September 14, 1993. Philip Morris Records. Bates Number 2023898251-2023898257.

 

290      “it mentions Environmental Tobacco Smoke”: Jim Tozzi, To: Jim Boland, Tom Borelli, Ted Lattanzio, Philip Morris, December 29, 1993. Philip Morris Records. Bates Number 2024207141.

 

290      fifteen words in thirty-four pages: Seitz’s fifteen words were: “There is no good scientific evidence that passive inhalation is truly dangerous under normal circumstances.” It wasn’t even correct. Five years earlier, Seitz had written the tobacco execs that there was “significant positive evidence” for an increased risk among those exposed to “passive smoking at home.” That is, under the most normal conditions of all. It’s basically what had gotten him canned.

Frederick Seitz, “Privileged: Memorandum Concerning Meeting With Dr. Walter Spitzer and His Group Studying the Effect of Passive Exposure To Tobacco Smoke On August 30 and 31,” September 9, 1988. Bates Number 506531373-1378.

 

290      He organized a federal symposium: Ted Lattanzio, To: Tom Borelli, Jan Goodheart, Matt Winokur et al, Subject: Seitz Symposium, February 18, 1994. Philip Morris Records. Bates Number: 2023702584A. “Indications are there is a high interest to attend by various government regulators.”

The Seitz Symposium gets continually discussed inside Philip Morris. It was a big meaningful deal. For example:

Matt Winokur, To: Ted Lattanzio, Philip Morris, Re: Seitz Symposium, February 23, 1994. Bates Number: 2023702584. “We considered ways in which to use this event to develop interest in poor science/poor public policy theme in Europe.”

Philip Morris, “A Strategy to Modify OSHA’s Notice of Proposed Rulemaking on ETS,” March 29, 1994. Bates Number: 2023898217.

Ted Lattanzio, To: Tony Adrade, Jan Goodheart, Matt Winokur et al, “Urgent: FW: WRA/SA 3/8 Follow Up,” March 25, 1994. Bates Number: 2025481697.

The Symposium, scheduled for late March, took place in early April. George C. Marshall Institute, News Release, February 22, 1994. Bates Number: 2073953545.

 

290      passively inhale the smoke: Jim Tozzi, To: Ted Lattanzio et al, “Actions To Reopen the ETS Risk Assessment,” February 18, 1994. Philip Morris Records. Bates No 2024206908.

The point of the Symposium is spelled out in Tozzi’s December memo; and it is diabolically clever. “The purpose of the symposium would be to seek a commitment from the Federal agencies to develop a process to address the issues in the Seitz Report, e.g., the formation of an inter-agency team to respond to the ETS conclusion in the Seitz Report.”

 

290      He ballyhooed Frederick Seitz: Jim Tozzi, “Holes in the Ozone and Holes in the Science,” Federal Focus: A Publication for Key Policy Officials (Jim Tozzi, Editor), February 1994. Bates Number 2025479244.

It is fascinating to see Jim Tozzi so glowingly speak of the man the Philip Morris general counsel had recently considered mentally disqualified. Bonus: It’s printed entirely in italics:

 

Environmental science is a lot messier apparently than the public perceives it. The simplified view of environmental issues conveyed by the media and some environmental organizations would be that industry is causing global warming, CFCs have been destroying the ozone layer . . . But what is one to think when a really eminent scientific figure stands up and challenges the scientific integrity of many of the most cherished of those views?

 

Dr. Frederick Seitz is one of the most distinguished scientists in America, and has filled some of the highest positions in the hierarchy of American science. . .

 

Given the stature of Dr. Seitz and the fact that his paper makes clear that this issue is not isolated but arises in connection with many of the important aspects of environmental regulation, Federal Focus plans to hold a symposium with both government and private sector experts to address it in the near future.

 

290      route it through Jim Tozzi: Jim Tozzi, To: Jim Boland, Tom Borelli, Ted Lattanzio, Philip Morris, December 29, 1993. Bates Number 2024207141.

 

000      “not supported by” or “receive no funds from”: For example, here is Dr. S. Fred Singer testifying before the U.S. Senate.

“We work without salaries and are not beholden to anyone or any organization,” the physicist explained. SEPP, his suburb-scale version of the Marshall Institute, “does not solicit support from either government or industry but relies on contributions from individuals and foundations.”

Federal Document Clearing House, “Testimony: S. Fred Singer, President, The Science and Environmental Policy Project: Senate Commerce, Science, and Transportation Report on Global Warming,” U.S Senate, July 18, 2000.

 

290      “considerable credibility”: Jim Tozzi, To: Jim Boland, Tom Borelli, Ted Lattanzio, Philip Morris, December 29, 1993. Bates Number: 2024207141.

As researchers at the journal Tobacco Control put it, “Philip Morris funded Jim Tozzi’s Federal Focus; the latter, in turn, was one of the funders of the George C. Marshall Institute.”

Norbert Hirschhorn, Stella Aguinaga Bialous, “Second Hand Smoke and Risk Assessment: What Was In It For the Tobacco Industry,” Tobacco Control 2001; 10: 375-382.

 

290      “the Federal Focus/Seitz Report”: Jim Tozzi, To: Jim Boland, Tom Borelli, Lee Dreyer, Ted Lattanzio, Philip Morris, “Subject: Actions to Reopen the ETS Risk Assessment,” February 18, 1994. Bates Number: 20242069808.

 

290      a co-release of Jim Tozzi’s: Federal News Service Daybook, “General News Events-Part 1 Thursday, March 3, 1994,” March 2, 1994.

“The George Marshall Institute and Federal Focus, Inc. release at 10 a.m. copies of a report titled ‘Global Warming and Ozone Hole Controversies: A Challenge to Scientific Judgment.’”

 

290      “scientific respectability”: Hertsgaard, Hot, Chapter 10, “This Was A Crime,” 259-60.

 

290      “utilize Seitz piece to stimulate science debate”: Philip Morris, “Draft 1994 IARC Projects,” 1994. Bates Number: 2028376660-2028376661.

What Tozzi called “The Federal Focus/Seitz Report” was dispatched to Philip Morris executives in Europe, Japan, Australia, Asia. (The document’s “EEMA” is corporate and finance shorthand for “Eastern Europe, Middle East, Asia.”)

Matthew N. Winokur and Jan Goodheart, To: Distribution, “Misuse of Science,” March 9, 1994. Bates Number: 2501355988-2501355989.

It appeared in Reynold’s Tobacco’s Asia response plan. They were a very valuable 15 words. It even showed up in a petition by the Licensed Beverage Association of Philadelphia. Why? Because people on barstools liked to light up while watching the Eagles and the Phils.

“Asian Regions Response Plan,” R.J. Reynolds Tobacco, 1996. Bates Number: 517485936-6114.

Debra Garvin, Licensed Beverage Assn Of Philadelphia, to E.P.A., September 30, 1994. Bates Number: 2065224693-4697.

 

291      “one of the most distinguished”: For example:

Craig Fuller, To: Michael Miles (C.E.O.), Subject: February Monthly Report, Philip Morris, March 17, 1994. Bates Number: 2023439346-9351.

Tom Borelli, To: Jim Botticelli, Subject: February Activity Report, Philip Morris, March 1, 1994. Bates Number: 2046585282-5283.

Matthew N. Winokur and Jan Goodheart, To: Distribution, “Misuse of Science,” Philip Morris, March 9, 1994. Bates Number: 2501355988-2501355989. (“ . . . is one of the most distinguished . . .”)

Tom Borelli, Ted Lattanzio, Ellen Merlo, Steve Parrish, “Congressional Research Arm Faults EPA Report,” Press Release, Philip Morris, May 12, 1994. Bates No. 2040988530-8533.

 

291      Advisory Board of Philip Morris’ Junk Science group: “Advancement Of Sound Science Coalition | TASSC Advisory Board 1995,” Philip Morris Records. 1995. Bates Number: 2047070909-2047070910.

 

291      He accepted an offer to travel Europe on behalf of Philip Morris: Jim Tozzi, To: Matthew Winokur, Director | European Regulatory Affairs – Philip Morris Inc., Subject: Agency Control Over International Agency for Research on Cancer Studies, June 8, 1994. Bates Number: 2025493365-3366.

 

291      “And they think that Frederick Seitz”: American Institute of Physics, “Oral Histories: Philip Mange—Session II,” Interviewed by Ronald Doel and Faye Korsmo, March 25, 2003.

https://www.aip.org/history-programs/niels-bohr-library/oral-histories/31144-2

Accessed 6-22-22.

 

291      “In the 1990s, as consensus about global warming was building”: Dennis Hevesi, “Frederick Seitz, Physicist Who Led Skeptics of Global Warming, Dies at 96,”The New York Times, March 6, 2008.

 

291      lifted to $780,000: Philip Morris, WRA Contract Request Form, December 24, 1998. Philip Morris Records. Bates Number: 2064779000-9001.

Thomas O. McGarity, Sidney A. Shapiro, Rena I. Steinzor, Joanna Goger, Margaret Clune, “Truth and Science Betrayed: The Case Against the Information Quality Act,” Center for Progressive Regulation, March 2005.

Tozzi’s Philip Morris work was sensitive: when outside counsel assisted Philip Morris in preparation for questions from the government, one practice topic was whether Jim Tozzi was in their employ. In fact, contractual language specified that if asked about his employment, Tozzi should make no comment.

Philip Morris, Dreyer LP, “Draft Questions From Outside Litigation | Philip Morris Counsel To Philip Morris Counsel | Regarding OSHA And ETS Issues; OSHA Questions,” July 16, 1993. Bates Number: 2023856686-2023856693

Multinational Business Services, Philip Morris Management Corp., Master Agreement, January 1, 2000. Bates Number: 2084566996-2084567016.

 

291      His brass telescope: Twohey, “Jim Tozzi: On Jazz and OMB.”

 

Next time you’re strolling through Dupont Circle, stop outside Books-A-Million on New Hampshire Avenue and let your eyes wander up the building’s brown brick walls to the seventh floor. There, in the window, you will see a big brass telescope pointing out toward the park.

 

And here’s the Mooney version. Chris Mooney, “Paralysis by Analysis,” Washington Monthly, May 2004.

 

If you stand near the fountain at the center of Dupont Circle in Washington, D.C., and gaze up at the surrounding buildings, you should be able to spot a large brass telescope in a seventh story window above Books-A-Million. The device belongs to Jim Tozzi, a former Reagan budget official, well-remunerated corporate consultant, self-described regulatory policy “nerd,” and self-confessed voyeur. The telescope has become a “landmark,” brags the 65-year-old Tozzi.

 

291      Villa Tozzi: Twohey, “Jim Tozzi: On Jazz and OMB.”

Mooney, Republican War on Science, Chapter Eight, “Wine, Jazz, and ‘Data Quality,’” 105. Kleinknecht, Man Who Sold the World, 111.

 

291      who grew up loving jazz: Dave Robinson, “The Federal Focus Jazz Band Story,” Young Adult Programs, Federal Focus, Inc.

http://www.fedfocus.org/children/the_federal_focus_jazz_band_story.html

Accessed 7-2-22

http://www.fedfocus.org/children/jazz.html

Accessed 7-2-22.