Mike Fisher
Attorney General
16th Floor
Strawberry Square
Harrisburg, PA  17120
re:  Master Settlement Agreement

Dear General Fisher:

This letter is being sent to your office (717-787-3391) as well as by FAX to yourself (717-787-8242) and to Mr. Joel Ressler (717-772-4526).  I anticipate receipt of prompt confirmation that you have addressed its contents, in light of the growing problems that have been identified with regard to Philip Morris' lack of compliance with the MSA.

In my 8/18/99 response-letter to you, I left the door open to a discussion of our conflict, and I have held a 20 minute conversation with Mr. Ressler in the interim.  Nevertheless, absent any meaningful dialogue, I am first filing this letter and I may need to follow-up its contents if you do not publicly announce that you will investigate the concerns I raise.

First, I am pleased that Wawa Food Markets will remove its tobacco billboard advertising by December 14th, but I am not pleased that your spokesperson, Mr. Sean Connally, stated (as per today's Inquirer, in an article written by Mr. Glen Justice) "no further investigation into the tobacco company's role is under way.  'Let's not forget that the ultimate goal is to discontinue the billboards,' he said."  Earlier in the article, it was reported that you "will be taking action against a second convenience-store company, Sheetz, Inc., which is running similar ads in other parts of Pennsylvania.  Fisher is sending the company a letter, as he did with Wawa."  It is surprising that you would not want to investigate the possibility that there may be a linkage between these phenomena.

This fact is compounded by the documented concern that this is a national pattern, inasmuch as other tobacco billboard ads (greater than 14 square-feet) have been reported in California, New Mexico, Wyoming and Kentucky (as per the appended e-mails).  Inasmuch as you have had a leadership role in the generation of the Master Settlement Agreement, it
would be appropriate for you to adopt a broader perspective with regard to compliance with its tenets.  At the very least, you should review the contents of the contract effected between Philip Morris and the third-parties who are placing the ads, inasmuch as providing price-breaks to the retailers indirectly finances the billboards (assuming, arguendo, that Philip Morris isn't directly purchasing the suspect advertising).

To quote Robert S. Zimmerman, the PA Secretary of Health, "National data demonstrate that youth. . .are very sensitive to the price of tobacco products."  And to quote your own office (as per Mr. Justice's article in yesterday's Inquirer), your letter to Wawa last week accused it of having "reneged" on your agreement of six months ago.  Clearly, there is a gross pattern of behavior here that cannot be forestalled merely be verbal concurrence, inasmuch as there is nothing to stop Wawa (or others) from doing this again.

Indeed, as I have noted in court submissions, you have failed to exact a stipulation & fine from Philip Morris for its complicity in this process, inasmuch as it failed to take the reasonable business steps mandated in the MSA to ensure its logo wasn't being misused.  I was pleased to read you had written to Wawa, Philip Morris, Sheetz and to the FTC, and I would appreciate a copy of both these letters and those you wrote to anyone else with whom you have dealt as you have been attempting to enforce the MSA.

Today's Tribune Review states that Sheetz doesn't plan to pull its billboard advertising; this provides further evidence that you should attempt to treat the underlying diagnosis.

My second concern is with the [appended] glossy advertising insert that was published in the City Paper in Philadelphia.  The picture clearly depicts minority teenagers who are attractively dressed and accessorized.  Regardless of the type of publication in which this ad may appear, it is prima faciae evidence that Philip Morris continues youth marketing.

The MSA states, in pertinent part:  "Permanent Relief Prohibition on Youth Targeting.  No Participating Manufacturer may take any action, directly or indirectly to target Youth within any Settling State in the advertising, promotion or marketing of Tobacco Products, or take any action the primary purpose of which is to initiate, maintain or increase the incidence of Youth smoking within any Settling State."  [III (a)]

My third concern is with the [appended] unsolicited letter that was received by a patient. Clearly, Philip Morris will send tobacco to women who merely sign a document and falsify a date-of-birth.  Again, this killer-company is purveying its poisons to all comers.

The MSA states, also:  "Permanent Relief Ban on Youth Access to Free Samples.      After the MSA Execution Date, no Participating Manufacturer may, within any Settling State, distribute or cause to be distributed any free samples of Tobacco Products except in an Adult-Only Facility."  [III (g)]

General Fisher, some people may view each violation of the MSA as insignificant; yet,   in the aggregate, Philip Morris is demonstrating its self-perception that it won't be penalized for this behavior.  Please help me prove it wrong.

Sincerely,

[RBS]