[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [4]
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OCR Page 1 of 44(i) a description of the document, including type of document, title of document, name and
position or title of each author, addressee, and other recipient who was intended to receive a
copy, document date, document purpose, and general subject matter;
(ii) an explanation why the document or a portion of the document is privileged or subject to
trade secret protection; and
(iii) a statement whether any previous claim of privilege or trade secret was denied and, if so, in
what proceeding.
(C) Public inspection._ Within 5 days of receipt of such a log, the Depository shall make it
available for public inspection and review.
(3) Declaration of compliance. Each tobacco product manufacturer shall submit to the
Depository a declaration, in accordance with the requirements of section 1746 of title 28, United
States Code, by an individual with responsibility for the de novo review of documents,
preparation of the privilege log, and knowledge of its contents. The declarant shall attest to the
manufacturer's compliance with the requirements of this subsection pertaining to the review of
documents and preparation of a privilege log.
(c) Document Categories._ Each tobacco product manufacturer shall submit_
(1) every existing document (including any document subject to a claim of attorney-client
privilege, attorney work product, or trade secret protection) in the manufacturer's possession,
custody, or control relating, referring, or pertaining to_
(A) any studies, research, or analysis of any possible health or pharmacological effects in
humans or animals, including addiction, associated with the use of tobacco products or
components of tobacco products;
(B) the engineering, manipulation, or control of nicotine in tobacco products;
(C) the sale or marketing of tobacco products;
(D) any research involving safer or less hazardous tobacco products;
(E) tobacco use by minors; or
(F) the relationship between advertising or promotion and the use of tobacco products;
(2) all documents produced by any tobacco product manufacturer, the Center of Tobacco
Research or Tobacco Institute to the Attorney General of any State during discovery in any
action brought on behalf of any State and commenced after January 1, 1994;
(3) all documents produced by any tobacco product manufacturer, Center for Tobacco Research
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