<note> sample="rhetorical" bates="2022988669" isource="pm" decade="1990" class="ni" date="19940324" </note>

PHILIP MORRIS U.S.A. Inter Office Correspondence TO: All Philip Morris
USA and NYO Employees DATE: March 24, 1994 FROM: William I. Campbell
SUBJECT: ABC Lawsuit 

Today, Philip Morris filed a libel lawsuit against ABC, charging that
the network made false and defamatory statements on its February 28
and March 7 "Day One" programs, as well as other ABC News Broadcasts.
Our company is seeking redress for the harm caused by ABC's false
claim that Philip Morris and other tobacco companies artificially
"spike" cigarettes sold in the United States with extraneous nicotine
for the purpose of "keeping smokers hooked." We are suing for $10
billion -- $5 billion in the compensatory damages and $5 billion in
punitive damages. We informed ABC of the facts prior to the Day One
broadcasts. By failing to report those facts, ABC has confused the
consumers and caused regulators to express unnecessary concern. ABC
has played into the hands of -- or joined hands with -- those who
make a career of attacking the tobacco industry. Following the first
"Day One" broadcast on Feb. 28, I sent a letter to the members of
Congress pointing out the numerous errors and inaccuracies in the
program's report. I sent a similar letter to the New York Times which
was printed on March 15. I would like to reiterate some of the points
I made in those letters to you, so that you may have a clearer view
of the issues involved in the case. First, nicotine occurs naturally
in tobacco. Nothing in the processing of tobacco or the manufacture
of cigarettes increases the nicotine in our products above what is
naturally found in tobacco. Second, our manufacturing actually results
in less nicotine in every cigarette we make than in raw, unprocessed
tobacco. Third, consumer taste preferences have led to products with
lower tar and nicotine levels. As a result, the overall nicotine content
in cigarettes has declined more than 50 percent in the last 40 years.
Finally, as you know, we have listed the nicotine levels of all our
cigarette products in our advertising, as prescribed by law, for the
last 20 years. Consumers can choose the product they prefer with full
information of its nicotine content. In making today's announcement,
Murray Bring, Senior Vice President and General Counsel, Philip Morris
Companies Inc., said "There is no corporation in this country more
committed to freedom than Philip Morris. As the manufacturer of a
controversial product, we well understand the importance of all our
freedoms -- including a free press that speaks for and to the diversity
of this country. But we do, we must, draw the line a libel." Today's
action is but the most recent example of Philip Morris standing up
for itself, our consumers, and the industry. In June, 1993, we joined
with five other tobacco-related businesses to file suit against the
Environmental Protection Agency, charging the EPA with manipulating
scientific data, ignoring its own accepted procedures and guidelines
and using faulty science in preparing its risk assessment of environmental
tobacco smoke. In January of this year, we joined with several San
Francisco businesses in filing a lawsuit against the city for overstepping
its regulatory authority in passing and ordinance that banned smoking
in almost all workplaces. Philip Morris will continue to be vigilant
about false allegations. If they occur, we will act swiftly to correct
them, and to get the facts to the media, lawmakers, consumers, and
to you, our employees. WIC/kd