Research & Intellectual Property

NY Times Slimes VCU

The New York Times concocts controversy over terms of Philip Morris' research contracts with Virginia Commonwealth University.



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James A. Bacon
Richmond.com
Friday, May 23, 2008

"At one university, tobacco money is a secret,” runs the headline of a New York Times article published yesterday. On campuses nationwide, professors and administrators passionately debate the propriety of taking research money from tobacco companies," the newspaper continues in its lead. But not at Virginia Commonwealth University.

That’s because hardly anyone knows there's something to debate, writes reporter Alan Finder. VCU, he says ominously, signed a contract in 2006 with Philip Morris USA that bars professors from publishing the results of their studies, or even talking about them, without the tobacco company's permission. The Times characterizes the contract as "highly unusual" and says it "raises questions about how far universities will go in search of scarce research dollars to enhance their standing."

VCU received $227 million in research grants last year, the Times said, an amount "dwarfed" by R&D budgets at institutions such as the University of Washington and the Johns Hopkins University. Richmond-based Philip Morris is a likely source for VCU "in its hunt for dollars from a finite number of corporations." But elsewhere across the country, some 15 public health and medical schools no longer accept donations from the tobacco industry, says the Times, and "many" major research universities continue to do so only if guaranteed independence to carry out the research and publish the results." Writes Finder:

Restrictions in the contract surprised other university researchers. Stanton A. Glantz, a professor at the University of California, San Francisco, School of Medicine, told the Times, "University administrators who are desperate for money will basically do anything they have to for money."

Let me say up front that there are legitimate issues at stake here. What restrictions should universities permit on publication of research conducted by their professors? Should universities engage in research for tobacco companies in any capacity, even if the results would increase understanding of disease processes or reduce the harm from cigarette smoke. I have no problem with airing that debate.

 

But why pick on VCU?

 

The Times acted as if the research relationship between VCU and Philip Morris were a big secret in a town where the tobacco giant is completing work on a $350 million R&D center blocks away from the VCU medical school, noting that "few professors appeared to know about the contract," and that a number were concerned about its "secretiveness." Yeah, the contract was so "secret" that the Times somehow managed to obtain a copy through Virginia's Freedom of Information Act! Talk about a manufactured controversy. What the Times apparently did not think to ask the VCU professors, "Are you familiar with the terms of anyone's research contracts other than your own? Did you ever ask to see the contract? Did anyone refuse to let you see it? Or was it 'secret' simply because the VCU adminstration failed to distribute copies through university-wide email blasts or post copies of it on bulletin boards all around campus?"

 

The Times also didn't see fit to inquire about the nature of the research. Just exactly what were these "secretive" contracts protecting? Reporter David Ress shed a little light in an article published in the Times-Dispatch this morning based on an interview with Francis Macrina, VCU's vice president for research. In one of the research projects, Philip Morris asked VCU to "look into runoff as part of its efforts to reduce the amount of nitrogen and phosphorous flowing into the James River watershed from its Park 500 tobacco processing plant in Chesterfield County."

 

Oooh, that sounds controversial. What if that nitrogen was carcinogenic? No wonder Philip Morris wanted to hide it from the light of day!

 

The Times also appears to exaggerate the magnitude of the "secretive" contracts. Finder quotes Macrina as saying that Philip Morris gave $1.3 million in research grants last year that "included the restricted covenant and a more traditional independent grant." How much was "restricted" and how much was "independent." He doesn't tell us.

 

Ress provides more up-to-date information. He quotes Macrina as saying that Philip Morris paid the university $286,000 to fund research "this year. That included the money for the "runoff and lung disease" projects. It amounted to about 0.1 percent of the research grants the school expects to receive this year. Thank goodness poor, "desperate," provincial VCU has Philip Morris to fall back on to keep its R&D support from shriveling up!

 

Although Philip Morris has the right under the restrictive contracts to curtail publication or dissemination of results, the Times presents no evidence that it has ever chosen to do so. Nor does the newspaper present any evidence that VCU professors have created a potential ethical dilemma for themselves by selecting projects that Philip Morris might conceivably want to suppress if the results didn’t turn out favorably. The "controversy" is a purely theoretical concoction, not based upon any real-life incident.  

 

One last point. While the Times portrays VCU as a pariah for supplicating itself to Big Tobacco, VCU is not alone in agreeing to the "highly unusual" restricted contracts. According to Ress, Virginia Tech, Duke, Auburn, Cornell, Rockefeller University and the State University of New York at Stony Brook are among the "many universities" that give corporate funders similar rights. (I presume he based that on information supplied by Macrina, although he does not say so.)

 

Finders is guilty of one of two things: Either he failed to ask the questions that elicited the exonerating context that Ress managed to uncover, or he had the information but decided not to include it. (I suppose there is a third explanation for this hatchet job: Perhaps Finders included the information but an editor deleted it.) Whatever the reason, the Times article was a disgrace. I wouldn't be surprised if the story were fed to the Times by the anti-tobacco activists who dog Philip Morris' research outreach program – sources who go unmentioned in the article, incidentally. Some blogger should ask Finder, "Who gave you the idea for this story, anyway? What is their agenda?"

 

Once again, the "gray lady" has demonstrated how far it has fallen from its glory days when it could proclaim, "All the news that's fit to print." Once again we find, just as its detractors claim, it prints "All the news that fits."

 

Update: Here's my candidate for who's behind the story. Anne Landmann with The Center for Media and Democracy raised the issue back in Sept. 2007. In "It's a Tobacco Thing, You Wouldn't Understand," she opined, "Apparently VCU feels it has gotten far more positive than negative results from its long and deep relationship to Big Tobacco. As long as it continues to feel no pain over this relationship, it will undoubtedly continue, no matter how unethical it may seems to those of us who live outside tobacco country."

 

And who is Anne Landman? Find out all you need to know here.


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13 comments.
Dan - Email this User
5/28/2008 at 5:17:00 PM Flag Flag Comment
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VCU is a solid state university with shaky financial and academic foundations. What "VCU anonymous" says about many VCU students working their way through is absolutely true. But the same could almost be said of many VCU professors. The salaries of VCU faculty in many fields runs lower than their counterparts at other state universities, and their teaching loads are high. The New York Times was actually quite balanced in that it pointed to the low amount of total research funds brought into VCU. Hopefully this problem will eventually improve as (or should I say if) VCU's prominence improves. However, having less graduate programs and thus less grad students to help teach than most large state universities probably means that high teaching loads will continue to burden VCU faculty and hamper their ability to pursue grants as aggressively as at other institutions. Trani has made great successes in strengthening VCU's strengths (medicine, fine arts, business). The question is can VCU now strengthen its weaknesses and come to be recognized as an all-around strong university? And in the meantime, can the faculty continue to live on a shoestring and maintain their integrity and not be tempted to cut deals with the devil?


VCU_anonymous
5/28/2008 at 4:08:38 PM Flag
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"Less than half of the students who enter VCU graduate in six years” Right, I graduated from VCU in five years with two degrees and honors... The reason it takes so long is because of tuition for some, most students have jobs to pay for the tuition and other things, and then there are those who don’t put forth the motivation.


Bill - Email this User
5/24/2008 at 10:57:20 AM Flag Flag Comment
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I think the blame should be laid on the Bush administration. Since he has taken office and started the war on terror, funding for science has been greatly reduced. Universities have had to go to corporate sponsorship for survival. VCU researchers are not trying to make cigarettes. They are trying to sustain the James River. The James is the heart of the city and is the third largest contributor to the bay.

I agree Phillip Morris had made money manufacturing a despicable product but everyone that continues to smoke supports their mission. At least Phillip Morris is trying to do some good things. VCU is just trying to survive.


anonymous 7:30 - Email this User
5/23/2008 at 7:21:42 PM Flag Flag Comment
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Less than half of the students who enter VCU graduate in six years. I'm pretty sure that is worse than Richmond Public Schools. How come the Times-Dispatch or Jim Bacon hasn't written that story?


AnonVA - Email this User
5/23/2008 at 6:35:57 PM Flag Flag Comment
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Of course the terms of the contract were atypical, isn't big tobacco sort of controversial (to say the least)? You know, university research was how "RU486" got approved.... all of this is old news, selling papers with the unified "loud sucking noise" that comes with the image of linking "white hats" with "black hats".

The other side of the coin is that PM is reaching outside their own well-appointed research teams! Hmmm, maybe this is where the story would be! PM looks for objective data! Are they preparing for submission to the FDA?!!?

Kudos to VCU for sticking to their guns and demanding publication rights!


mattie - Email this User
5/23/2008 at 2:01:48 PM Flag Flag Comment
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I think NYC has got it in the state of VA! first...gun buying...now "secret" tobacco money for VCU. I personally dont know why opinions get put in the paper anyway. after all, it is a NEWS paper!


Jim Bacon - Email this User
5/23/2008 at 1:44:07 PM Flag Flag Comment
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Anonymous2, Yes, this post was an opinion piece. What you get with R'Biz is my spin on the business news in Richmond. Sometimes I play it straight, and sometimes, as with this article, I come out six guns shooting.


VCU_anonymous
5/23/2008 at 1:29:31 PM Flag
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Actually, it was known by most people at VCU, because an email was circulated right after the agreement was made.


anon 3 - Email this User
5/23/2008 at 12:01:03 PM Flag Flag Comment
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Why does it suprise ANYONE that Trani and PM would be in bed together. You have a bulldozer for a college president and a company that doesn't care how many people it kills in the process of making the almighty dollar. But, the article itself was pretty through. Perhaps there should be less personal offense in Bacon's response; seem to have struck a smokers nerve?

One of my favorite paragraphs: "Virginia Commonwealth’s president, Eugene P. Trani, declined to be interviewed. But Dr. Macrina defended the contract, saying it struck a reasonable balance between the university’s need for openness and Philip Morris’s need for confidentiality, even though it violated Virginia Commonwealth’s own rules."
For the article, go here: http://www.nytimes.com/2008/05/22/us/22tobacco.html?_r=1&scp=1&sq=trani&st=cse&oref=slogin


mark - Email this User
5/23/2008 at 11:33:56 AM Flag Flag Comment
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The case Bacon makes that the outrageous terms of this contract were not hidden is a weak one. Freedom of Information requests are used most in cases where public access to documents has been minimized or denied. The geographic proximity of Philip Morris' R&D center to one of VCU's campuses is no reason to assume that a corporation has censorship power over University research. Mr. Bacon wrote "as if the research relationship between VCU and Philip Morris were a big secret," but it was the slavish terms of that relationship that were kept from a public that would clearly have been very interested if not aghast. This shrugging "I thought you knew" attempt at a defense is disingenuous at best.


anonymous2
5/23/2008 at 10:35:35 AM Flag
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I'm assuming that this posting was an opinion piece. Otheriwse, I would have to say that this was just as slanted as the NY Times. Both their article and Bacon's article have points, but neither cover the story "fairly."


Jim Bacon - Email this User
5/23/2008 at 10:03:37 AM Flag Flag Comment
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I will repeat I said in the post: "Let me say up front that there are legitimate issues at stake here. What restrictions should universities permit on publication of research conducted by their professors? Should universities engage in research for tobacco companies in any capacity, even if the results would increase understanding of disease processes or reduce the harm from cigarette smoke. I have no problem with airing that debate."

My beef with the NYTimes is not in raising the issues but in shamelessly slanting the story. If demanding that the story be fair instead of a hit piece makes me a "home-town booster" and "parochial," then I wear the label proudly.


anonymous - Email this User
5/23/2008 at 9:45:08 AM Flag Flag Comment
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Talk about home-town boosterism! How did the New York Times "slime" VCU by publishing a story thge local press didn't break? Our tax money pays for VCU. Why should secretive Philip Morris whose products are highly questionable get to put a "secret" stamp on it unless it is truly a matter of national security which this sure ain't.
Shame on Trani for not responding to the Times and shame on Bacon for being so parochial in his apologia.



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