Document 7MjkpGgawMKG8mnM7J3mqMk0j

April 19,2003 Jane Brooks Vice President. Special Initiatives DuPont de Nemours & Company Chesmut Run 708 4417 Lancastcr Pike Wilmington. DE 19805 Re: Perfluorooctanoic acid (PFOA) Dear Ms.Brooks: I am preparing this letter in anticipation of our meeting on April 29,2003in Washington, DC. Tlis piece is intended to describe the services THE WUNBERG GROUP INC. can provide regarding issues related to peffluorochemicalsgenerally and perfluorooctanoic acid (PFOA) tn particular. Please note that this has becn prepared pnor to our initial meeting. 1 wilf most certainly foilow up after our meeting with more specific ideas and recommendations after we have had the opportunity to discuss DuPont s concerns in greater detail. The constant theme which pemcaks our recommendxions on the issues faced by DuPont is that DUPONT MNST SHAPE THE DEBATE AT ALL LEVELS. We must implement a strategy at the outset which discourages governmental agencies. the planuffs bar. and misguided environmental groups from pursuing hs matter any funher than the current risk assessment contemplated by the Envlronmer,talRotecuon Agency (PA) and the matter pending in West Virginia We strive to end h s now. For 23 years. THE WEINBERG GROW has helped numerous companies manage issues allegedly related to enviroomentalexposures. B e g h n g with Agent Orange tn 1983, we have successwly guided clients through myriad regulatory, Litigation, and public relations challenges posed by those whose agenda 1s to grossly over regulate,extract settlements from. or otherwisedarmypc the chemical manufactunng mdustry. As we understand tbe situation, there is currently a great deal of mention focused on the safety of perfluorochemicalsgenera&' and PFOA in parucular. Specifically. due to the situation in West Virginia and tbc activities of EnvironmentalWorking Group, the threat of expanded 63 GHSOO 64 8 9 EfD722942 Jane Brooks April 29,2003 Page 2 Iicigacion and additional repulationby the PA has become acute. In response to this k a t , it is necessarl; for DuPont to prepare an overall technical and scientific defense strategy. We can assist with all phases of the technical and scientific defense, but more importantly, shape the debate and direction of the PFOA issue. The recent d i n g by Judge Hill regarding blood testing underscores the need to act quickly and forcefully. The following will describe some of our capabilities in assessing the scientific faas, developing appropriate responses or sound scientific messages. building a team of world class experts to deliver those messages. and implementing a strategy to limit the effect of litigation and regulation on the revenue stream generated by PFOA. DEVELOPMEST OF BROAD TECHXICAL DEFENSE STRATEGY For over two decades. clients have repeatedly communicated to us that of all the services we provide, the most valued is our ability to provide an overall science-based defense strategy. This strategy can be applied to liQgatlon. Rgulatory, or legislative probicms that cause a particular product to be under pressure. Specifically, during the initial phase of our engagement by a client, we will hamess, focus. and involve the scientific and intellectual capital of our company with one goal in mind-creacing the outcome our client desires. This will entail the coordinated and focused compilation of specialists within THE \WWNBERG GROUP to receive, review. and analyze all available relevant duo regarding PFOA in particular, and polyff uorochemicals in general. These in-house experts am scientists and physicians holding advanced degrees in such areas as epidemioiogy & biostatistics, pharmacology, pathology, toxicology, oncology. molecular biology, regulatory s~ategy.and product defense. The outcome of this process will result in the preparation of a multifaceted pian to take control of the ongoing nsk assessment by the EPA, loomng regulatory challenges, likely litigation, and almost certam medical momtoring hurdles. The pnmary focus of tius endeavor is to suive to create the climate and conditions that will obviate, or at the very least, minimize ongoing litigation ana contemplated regulation mlauns to PFOA. This would include facilitating the publication cf papers and aNcles dispelling the alleged nexus betwear PFOA and teratogenicity as well as other claimed harm. We would ais0 lay the foundation forcreating Dauben precedent to discourage additiood lawsuits. THE WEhBERG GROUP would also prepare an all-encompassingstrategy to meet public relations issues and if necessary, prepare company representatives for testifying kfore governmental bodies. Tbese an but a few of the services we provide. It is also important to aote that these sewices will not be duplicative of the servicesprovided by law firms and public relationsfums. Although we work closely with counsel and other consultants. our services are distinct and science-based. -- .. 00 0 0 2?'? OHSO06490 EID7229 4 3 , . Jane Brooks April 29,2Qo3 Page 3 Over the past thirty yean. the peffluorochemical industry has amassed a plethora of scientific data on the safery of PFOA.Many in the industry are convinced with good reason. that PFOA 1s safe. They would cite numerous studies and conclusions icached by a broad spectrum of scientists. Ail of this i s good. and certainly well intended, but the current lrugauon and regulatoryclimate demands a fresh new approach. In our opinion, it maters little that the industry is satisfied PFOA is safe. The real issue is the pcrccption autside the industry T h ~ s battle must be won in the minds of the regulators, judges. potential jurors,and the plaintiffs bar. The recent certification by numerous federal courts of medical monitonng classes as well as the organization. sophistrcation. and ficancial strenzth of the plaintiffs bar require an aggressive. relentless strategy be implemented and dnvm by the manufactwen. Manufacturers must be the aggressors.A defensive posture. in our opinion. would be disastrous. THE WEINBERG GROUP can help DuPont take the lead on issues related to PFOA.We would suggest a multifaceted approach be trnplemented immediately WHATWEDO As the leading scientific consulting fm in the world. THE WEEBERG GROUP S C N ~ S industriesin four areas, the fmt of which is development, registration and support of pharmaceuticals,biologics. and devices. Other services deal with environmentai, health and safety issues through thk use of the latest information and techniques establishing risk levels and risk management techniques and organization of technical funcrionssuch as quality assurance and toxicological, clinical and epidemiological studies. In the fourth area, we provide science-based advocacy to help deal with emer$ng business problems in litigation, legislation and reslation. Our staff has a broad base of experience SUppoR~ngcounsel and their clients in responding to demands for damages. punitive rewards. reimbursement and b m Medicd monitoring costs for personal injuq and fraud associascd with drug. corporate conduct, and failure to provide the c o r r a t infoma:ion 10 the public or legslaton and regulators. Specifically. in the area of Science-Based Advocacy, w e assist with: analysis of plaintiffs' best case and defendants' best response as a tool for scraegy and tactical development: expen witness, spokesperson and panel identification and development in all issues in litigation; preparation of counsel for discovery, deposition, negotiation and uial; recordsreview. analysis. and organuation: prrpUuia0 ofprimers descniinp critical issues and including approaches such as affidavits for use in summary jud-ment and opposition to class certification: documcnt reuitvai, management and analysis: unique developmcntof experts with chemical, medicai, epidemiological, bioIogics, rrguIatory, and legislative backgrounds; a variety of public relations programs nadcd to create jury understanding of the issues; and 085006491 E ID7229 4 4 Jane Brooks April 39.2003 Page 4 Creation of exhibits. audiovisual presentations. and other devices to enhance lay understanding of the issues in dispute. most notably the complex scienttfic concepts to be digested in defense arguments. Ours is a task-orieared organization in which clients make specific assignmentsunder carefully planned, client-controlled budgets. Our experence In environmental exposure matters has repeatedly illustrated our client's need to control as many variables of liability exposure as possible. In addition. some preliminary suggestions of tasks for managtng issue related to PFOA include: e develop "blue ribbon panels" of thought leaders on issues related to PFOA L% REGIOSS WHERE .WYUFACTURLiiG PLANTS ARE LOCATED to create awarencss of safety regarding PFOA in areas of likely litigation, and in particular where medical monitoring claims may be brought; e develop an as_wssive campaign focused on the safety and utility of PFOA and the products it in which it is used; e coordinate the retrieval. orpnization. and analysis of literam to date (bothinternal and external) regarding safety of PFO.4 and create a centralized searchabledatabase for industry use; begin to identify and main leading scientists to consult on tbe raage of issues involving PFOA so as to develop a premium expat panel and coucurentlyconflict out expens from consulting with plaintiffs: begin to coordinate focus groups of mock jurors to determine the best 'Vloaes" for defense verdicts and perspectives on management of company documnu and company coaducc e reshape the debate by identifying the likely known health benefits of PFOA exp~sure by anallzing existing data, and/or constructirq a study to establish not only that PFOA is safe over a range of s e w n concentration levels, but that it offen real health benefits (oxygen carrying capaciry and prevention OC CAD); coordinate the publishing of whire papers on PFOA,junk science surd the limits of medical monitoring; e work with industxy lobbyists to ensure they re,& on message regarding the scientific issues related to PFOX; provide the strategy to iliusuate !ma.epidemiologcal association has Little or nothing to do with individual causation, and: begin to shape the Dauben standards in ways most beneficial to manufacms. THE WEPIBERG GROUP has developed an understanding of the variety of approaches needed to deal with each of these issues. Indeed, we have tnal experimce in these issues as WCU. OHSO06492 E ID72294 5 c . - . .. - Jane Brwks 4 ApriI 29,2003 Page 4 I want to reitcrate thac we already have extensive expenence in helping a Fortune 40 client with a very suntlar compound to PFOA.Our expenence and knowledge regarding this compound is very weil cstabiisbed. We do not need to educate ourseIvs at DuPont'sexpense. 1 again s m s s that this was pnpared prior to our initial meeung. but I wanted to provide macerial for you to ruminan upon before our next discussion on these issues. T'tiankyou again for the opportunity to be of service. Sincereiy, / P. Terrence Gaffw.Esq. Vice President Product Defense THE WINBERG GROUP INC. 000030 GHSOO 64 93 EfD722946