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626 Pages·2006·16.91 MB·English
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Civil No. 99-CV-02496 (GK) v. ) ) PHILIP MORRIS USA INC., ) f/k/a PHILIP MORRIS INC., et al., ) ) Defendants. ) __________________________________________) WRITTEN DIRECT EXAMINATION OF ANTHONY BIGLAN, Ph.D. SUBMITTED BY THE UNITED STATES PURSUANT TO ORDER #471 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Civil No. 99-CV-02496 (GK) v. ) ) Next scheduled court appearance: PHILIP MORRIS USA INC., ) Trial (ongoing) f/k/a PHILIP MORRIS INC., et al., ) ) Defendants. ) __________________________________________) UNITED STATES' NOTICE OF FILING TESTIMONY OF ANTHONY BIGLAN, Ph.D. PURSUANT TO ORDER #471 With this Notice and pursuant to Order #471, the United States submits the written direct testimony of Anthony Biglan, Ph.D., and a list of exhibits submitted that are referred to in Dr. Biglan's direct written testimony. The United States respectfully requests that the Court recognize Dr. Biglan as an expert in psychology and prevention science. The United States anticipates offering one hour of live direct testimony from Dr. Biglan relating to demonstrative exhibits. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ Sharon Y. Eubanks SHARON Y. EUBANKS (D.C. Bar No. 420147) Director, Tobacco Litigation Team /s/ Stephen D. Brody STEPHEN D. BRODY (D.C. Bar No. 459263) Deputy Director, Tobacco Litigation Team /s/ Renée Brooker RENÉE BROOKER (D.C. Bar No. 430159) Assistant Director, Tobacco Litigation Team /s/ Elizabeth C. Crocker ELIZABETH C. CROCKER (D.C. Bar No. 476212) Trial Attorney, Tobacco Litigation Team Torts Branch, Civil Division United States Department of Justice Post Office Box 14524 Washington, D.C. 20044-4524 Telephone: (202) 616-4185 Attorneys for Plaintiff January 3, 2005 United States of America 1 Table of Contents 2 I. Expert Qualifications............................................................................................................2 3 A. Work at Oregon Research Institute................................................................................2 4 B. Research on Youth Smoking Prevention......................................................................11 5 C. Publications .....................................................................................................................25 6 D. Center for Advanced Study............................................................................................27 7 E. Public Health Perspective...............................................................................................27 8 F. Professional Positions .....................................................................................................31 9 G. Consultant Work.............................................................................................................33 Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 1 1 I. Expert Qualifications 2 Q: Please state your full name for the record. 3 A: Anthony Biglan. 4 Q: Have you provided the Court a copy of your curriculum vitae? 5 A: Yes. It is U.S. Exhibit 78,524. 6 Q: What is your understanding of the kind of expertise you have been asked to offer in 7 this case? 8 A: I am offering expertise as a psychologist on adolescent psychology, specifically the 9 psychological needs of adolescents that are met by imagery in cigarette brand marketing, 10 and on youth smoking prevention efforts. 11 A. Work at Oregon Research Institute 12 Q: You are a psychologist at Oregon Research Institute? 13 A: Yes. I am a Senior Scientist and member of the Board of Directors at Oregon Research 14 Institute (ORI). 15 Q: Before you discuss your work, please tell the Court briefly about Oregon Research 16 Institute. 17 A: ORI is a private, nonprofit organization, founded in 1960. At ORI, scientists conduct 18 research in the behavioral sciences. Most of the work at ORI relates to public health. 19 Scientists study the factors that contribute to disease and to risky health habits and 20 develop and evaluate treatment programs to alter unhealthy behaviors such as cigarette 21 smoking, lack of exercise, risky sexual behavior, depression, and drug abuse. Our 22 scientists also develop and evaluate intervention programs to prevent public health Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 2 1 problems before they occur. Prevention programs developed at ORI include parenting 2 skills training programs, school-based programs to prevent tobacco, alcohol, and other 3 drug use, and interventions to prevent adolescent depression. We deliver these 4 preventive interventions through clinics, schools, communities, the worldwide web, and 5 entire states. 6 ORI has also contributed to the development of statistical and experimental 7 methods in the behavioral sciences. These include techniques for analyzing human 8 development within the context of families, schools, and communities, and the use of 9 certain experimental designs known as interrupted time series to assess the effectiveness 10 of interventions. 11 Q: How is ORI funded and what is its budget? 12 A: ORI receives the bulk of its funding from the National Institutes of Health but also 13 receives funding from other Federal agencies, foundations, and private sources. We 14 currently have 60 research grants and an operating budget of about $17 million. 15 Q: According to your curriculum vitae, you have been a psychologist for 31 years? 16 A: Yes. I have been doing research on clinical and preventive interventions for most of that 17 time. During the late 1970s and early 1980s, I also was involved in a private practice as a 18 clinical psychologist. Since then, my clinical work has involved developing and 19 evaluating clinical interventions. 20 Q: What is your educational background? 21 A: In 1966, I received a Bachelors degree in Psychology from the University of Rochester. 22 In 1968, I received a Masters degree in Social and Organizational Psychology from the Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 3 1 University of Illinois. In 1971, I received a Ph.D. in Social Psychology from the 2 University of Illinois. 3 Q: Would you briefly describe the origins of your work in the field of psychology? 4 A: I began working in the field of social and organizational psychology, the area in which I 5 received my Ph.D. in 1971. My doctoral dissertation concerned the organization of 6 university departments. I created a model of characteristics of academic areas that has 7 since come to be known as the “Biglan Model.” 8 Soon after getting my degree, I obtained post-doctoral training in clinical 9 psychology from the University of Washington and did an internship in clinical 10 psychology at the Psychiatry Department at the University of Wisconsin. I then took a 11 position at the University of Oregon as a Visiting Assistant Professor and subsequently as 12 an Assistant Professor in Clinical Psychology. My research at that time included work on 13 geriatric rehabilitation and the treatment of depression. I also did research on the 14 treatment of anxiety, insomnia, and social skill deficits. 15 From 1977 to 1982, I was a clinical psychologist at the Behavior Change Center, 16 an innovative clinic that I helped found. We created the clinic to provide research-based 17 treatment at a low cost. At the clinic, I worked with families on child and adolescent 18 problems and worked directly with adolescents on a variety of behavioral problems. 19 Q: Can you describe further your work at the clinic with children and adolescents who 20 had behavioral problems? 21 A: With respect to children, I worked mainly with families who were having problems with 22 their children’s misbehavior. Treatment involved a widely accepted approach, namely 23 behavioral parenting skills training. In this approach, parents learned how to use positive Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 4 1 reinforcement to help their children develop cooperative social behavior, self- 2 management skills, and many other skills that children need to succeed with peers, 3 teachers, and other adults. I also worked with adolescents who were having a variety of 4 problems, including difficulties in school, such as skipping class, getting into fights, and 5 not doing schoolwork. Often the teenagers I worked with were also having conflict with 6 their parents and, not uncommonly, they were experiencing depression and anxiety. 7 Many of the teenagers lacked skills for getting along with their peers. My treatment 8 approach typically involved working with the whole family and included: helping parents 9 develop more positive and less confrontational approaches to guiding their teenager’s 10 behavior; helping the teenagers get what they needed at school and at home through more 11 positive behavior; helping the family set up a system for reinforcing cooperative 12 behaviors, such as helping around the house and doing schoolwork (since these 13 behaviors are fundamental building blocks for success in schools and families); 14 understanding the important things that the teenagers were concerned about and helping 15 them get those things; teaching them social skills for relating to peers; teaching families 16 how to build positive relationships; developing ways of problem solving; and helping 17 parents set clear, consistent, but not harsh, limits on their teenager’s behavior. 18 Q: Please briefly explain how you drew upon your work with adolescents at the clinic 19 in performing your analysis in this case. 20 A: My work with adolescents and their families has given me an understanding of the 21 process of adolescent development and the needs of adolescents that motivate their 22 behavior. My understanding of the key needs of adolescents is one basis for analyzing 23 the impact of Defendants’ marketing practices on adolescent smoking. Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 5 1 Q: According to your curriculum vitae, you began working at ORI in 1979. What kind 2 of work have you focused on at ORI? 3 A: I have done research on tobacco use, depression, diabetes regimen maintenance, 4 parenting skills, and adolescent problem behaviors, which in addition to tobacco use 5 include alcohol and other substance use, high risk sexual behavior, and antisocial 6 behavior. During my time at ORI, I have moved from a focus on the behavior of 7 individuals to a public health perspective, which emphasizes understanding and 8 intervening on all of the determinants of the prevalence of a problem in a defined 9 population. 10 Q: What work have you done on tobacco use? 11 A: My work on tobacco at ORI has primarily involved adolescent tobacco use. The main 12 thrust of my work has been to develop and evaluate programs to prevent adolescent 13 tobacco use. I have also worked on adolescent smoking cessation interventions, though it 14 has proven difficult to help addicted teenagers stop smoking. As I have evaluated 15 smoking prevention interventions, I have also analyzed some of the risk factors for 16 adolescent tobacco use and other adolescent problems. Finally, I have been involved in 17 the development and evaluation of smoking cessation interventions for adults. 18 Q: Have you done work on other risk-related behaviors of adolescents? 19 A: Yes. I have done and continue to do work on adolescent use of alcohol and other drugs 20 besides tobacco. In addition, I have done work on teenagers’ high-risk sexual behavior, 21 as well as on delinquency. 22 Q: What has your work on adolescents’ risk-related behaviors involved? Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 6 1 A: Much of it was done at ORI in the context of our development and evaluation of tobacco 2 prevention interventions. Most of our tobacco-related interventions were also designed to 3 prevent other forms of substance use. For this reason, we have routinely assessed these 4 interventions’ impact on other substance use, delinquency, and sometimes high-risk 5 sexual behavior. In addition, we have used the data we collected to analyze the ways in 6 which peer and parental factors are associated with adolescent problem behavior. 7 My work on these problems with my colleagues at ORI led us to work on how 8 high risk sexual behavior might be prevented among teenagers. We developed and 9 evaluated a five-session clinical intervention that we found could help teenagers reduce 10 risky sexual behavior. 11 My work on preventing adolescent problem behaviors has also involved the 12 evaluation of a parenting program that helps parents improve their skills in guiding early 13 adolescents. We evaluated its impact in reducing substance use and antisocial behavior 14 among middle school students who were at-risk for problems, and we found that the 15 program was beneficial in preventing adolescents from developing antisocial behavior. 16 Q: What other work have you done at ORI with children, adolescents, and families? 17 A: I have done some work evaluating interventions to prevent problem development among 18 elementary school students. The intervention included a parenting skills training 19 component, a social skills component for students, and supplemental instruction in 20 reading. We found that this intervention was quite successful in preventing reading 21 failure and prevented the development of children’s aggressive social behavior (which 22 contributes to the later development of delinquency and substance use). I have also Written Direct: Anthony Biglan, PhD: US v. PM, 99-cv-02496 (D.D.C.) (GK) Page 7

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Biglan's direct written testimony. The United States respectfully requests that the Court recognize Dr. Biglan as an expert in psychology and prevention
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