Bliley PM
[Philip Morris USA Q&A]
Abstract
Provides draft responses for Philip Morris on large number of issues. Indicates several responses "under discussion with Legal" regarding: (1) "closing of animal laboratory studying addictiveness of nicotine", and (2) "[h]as PM-USA manipulated its income through trade loading?"
User-Contributed Notes
Fields
- Company
- Philip Morris Cos., Inc.
- Type
- Data- Sales
- Draft material
- Position statement
- Author (Organization)
- Philip Morris USA
- Named Person
- Murray, R William
- Waxman, H.
- Named Organization
- Congress
- Federal Trade Commission
- Federal Trade Commission (Enforcement agency for laws against deceptive advertising)Enforces laws against false and deceptive advertising, including ads for tobacco products. Ensures proper display of health warnings in ads and on tobacco products;collects and reports to Congress information concerning cigarette and smokeless tobacco advertising, sales expenditures, and the tar, nicotine, and carbon monoxide content of cigarettes.
- Philip Morris Legal Department
- R.J. Reynolds Tobacco Co.
- R.J. Reynolds Tobacco Co. (Cigarette manufacturer (Camel, Winston, Doral))Cigarette manufacturer (Camel, Winston, Doral)
- ABC
- Operation/Project
- It's the Law
- Keyword
- Wholesale Masters
- Causation
- Environmental tobacco smoke
- ETS
- Federal Excise Tax
- FET
- First Amendment
- Generally Recognized as Safe
- GRAS
- Marlboro Adventure Team
- Merchants of death
- Retail Associates
- Retail Masters
- Virginia Slims Superslims
- Waxman Bill
- Brand
- Marlboro (PM)
- MARLBORO LIGHTS
- Virginia Slims (PM)
- Subject
- Additives
- Advertising regulations
- Animal subjects
- Children
- Cigarettes
- data analysis
- Diseases
- epidemiology
- Federal level
- Fire safe cigarettes
- Government agencies
- Human subjects
- industry sponsored research
- international trade
- Lawsuits
- Legislatures
- lobbying
- marketing
- Minimum age
- nicotine
- Nonsmokers
- Ordinances
- Regulations
- Research studies
- Retail trade
- sales
- secondhand smoke
- Smoke
- smoking initiation
- State level
- tar
- Taxes
- Tobacco industry employees
- tobacco industry structure
- addiction
Document Images
Why can't you do an estimate of how many people cigarettes kill?
Smoking is a risk factor in certain diseases. That is, there is a statistical
association between smoking and those diseases. A causal link between
smoking and disease has not been demonstrated.
Why won't you fund sting operations to prevent retailers from selling
cigarettes to minors?
We are not a police organization, but a business. Also, we don't want to finance
an activity that deliberately forces children to break the law in order to prove
some point adults want to make.
Why are you fighting the Waxman bill, when it seems logical, if second
hand smoke is such a problem, to create separately ventilated smoking
areas?
The bill is based on unsound science. There is no evidence that environmental
tobacco smoke is harmful to non-smokers. Moreover, there is no evidence that
separately ventilated areas are more effective than simply having separate
smoking areas. What is obvious, and something Mr. Waxman glossed over at
his recent hearings, is that separately ventilated areas would be prohibitively
expensive for most of those who would be required to provide them, so the
Waxman bill would create a de facto smoking ban.
Why are you misleading consumers in California with a petition that
appears to support tougher smoking restrictions when, in fact, it would
dilute local ordinances?
We are not misleading consumers. We were approached by restaurant and
lodging businesses and associations who were concerned by the patchwork of
smoking restriction laws that was cropping up in "California. Acceptable, legal
behavior regarding smoking was changing from town to town. The businesses
preferred and supported uniformity, and so did we, so we joined in the petition
drive for a uniform, state-wide smoking ordinance.

Why can't y,
Smoking is a
association I:
smoking and
Why won't y
cigarettes
We are not a
an activity th~
some point au,,,,o
) cigarettes kill?
here is a statistical
causal link between
,tailers from selling
we don't want to finance
law in order to prove
Why are you fighting the Waxman bill, when it seems logical, if second
hand smoke is such a problem, to create separately ventilated smoking
areas?
The bill is based on unsound science. There is no evidence that environmental
tobacco smoke is harmful to non-smokers. Moreover, there is no evidence that
separately ventilated areas are more effective than simply having separate
smoking areas. What is obvious, and something Mr. Waxman glossed over at
his recent hearings, is that separately ventilated areas would be prohibitively
expensive for most of those who would be required to provide them, so the
Waxman bill would create a de facto smoking ban.
Why are you misleading consumers in California with a petition that
appears to support tougher smoking restrictions when, in fact, it would
dilute local ordinances?
We are not misleading consumers. We were approached by restaurant and
lodging businesses and associations who were concerned by the patchwork of
smoking restriction laws that was cropping up in "California. Acceptable, legal
behavior regarding smoking was changing from town to town. The businesses
preferred and supported uniformity, and so did we, so we joined in the petition
drive for a uniform, state-wide smoking ordinance.

We have never hidden our involvement. Our name is right on the front page of
the petition. In fact, although some localities might have to ease up on their more
stringent laws to conform to the preemptive state-wide law, the majority of
California communities would have to increase the stringency of their smoking
restrictions, and the law would give California by far the strictest set of smoking
restrictions in the country. We would have preferred less strict requirements, but
agreed to compromise in order to achieve a uniform code that was not confusing
to our consumers.
How many kids smoke Marlboros?
We don't market to children, and we don't measure smoking incidence among
children.
How much do you spend on programs to prevent kids from smoking?
We spend multi-millions of dollars on a variety of programs including our lobbying
efforts in support of minimum age of purchase legislation, the crime seminars we
conduct, our "It's the Law" program and advertising efforts, and the industry wide
efforts we participate in.
Why aren't you more outspoken against the use of cartoon characters in
cigarette advertising?
This is a First Amendment issue. We don't tell R JR how to conduct their
advertising and we don't expect them to tell us how to conduct ours.
If you found that the Marlboro Cowboy did appeal to kids, would you get rid
of the campaign?
No, but we would continue to assure that we marketed only to adults, and that
includes careful selection of where our advertising is placed, to minimize
exposure to children. Now, it is true that kids will see a billboard from time to
time, but, clearly, it is unrealistic to expect any business to reduce its advertising
to some lowest common denominator of what is palatable to children. If tha~
were the standard, 99 percent of the advertising in this country -- including car
and insurance ads -- would disappear.

If you are complying with all government regulations like you say you are,
why is Congress after you?
There are politicians in Congress who really cannot begin to come up with
answers to the major questions facing this country -- issues like crime, housing,
drug abuse, hunger and education -- but they find they can grab headlines and
get coverage on the 6 o'clock news in their home districts by attacking the
tobacco industry. It's a no-risk deal for them, that makes it look like they're doing
something, and so they do it.
Why did you sue ABC for libel, when for years the media have called you
and PM "Merchants of Death," "murderers" and killers of half a million
people a year?
The ABC suit is very narrowly focused on an issue of direct libel that had an
immediate negative impact on PM's stock price. "
Do the various law suits PM has recently launched indicate that you've
opted for a more aggressive strategy than you've followed in the past in
dealing with anti-smoker activity?
I think we can all agree that the controversy surrounding the tobacco industry has
heated up recently. We are firmly committed to &newer our critics and to get the
facts out. We have been doing this through paid advertising. We've also taken
legal action where we think we have been harmed by misrepresentation and
falsehoods. We will continue to get the facts out in every effective way we can.
Would you support legislation that raised the minimum age for purchasing
cigarettes to 21?
We think that because people are considered by a number of criteria to be adults
at age 18 -- the age at which they can vote, drive, and join the armed forces
among other things -- that is a reasonable age limit to set for the purchase of
tobacco products.
Does Philip Morris do any biological testing of cigarette smoke?
Yes. We believe that it is responsible to understand our products and ensure
their quality for our consumers.

What evidence would you require to prove that nicotine is addicting?
The definition of addiction is undergoing significant changes, and there is no
agreement in either the scientific or lay community about what addiction is.
Claims even are being made that coffee and chocolate are addicting.
Will I get less tar and nicotine if I switch from Marlboro to Marlboro Lights?
Yes.
Is the FTC method flawed?
No. It provides a consistent method for comparing the smoke deliveries of
different cigarettes. The FTC method is very similar to testing methods used
around the world.
Are your export cigarettes the same as cigarettes for domestic sale?
Our export cigarettes are comparable to domestic cigarettes, and they meet the
specifications required by the countries in which they are sold.
What are you doing to produce a safer cigarette?
We have worked with other manufacturers on the government study group to
develop a viable method for testing fire safety. We are also working diligently to
develop a fire safe cigarette.
Why did the ingredient list change so much over the past few years?
We are constantly doing research to improve the tastes of our brands, to
manufacture them more efficiently, and to meet consumer preferences. As a
result, we make changes in ingredients, and will continue to do so. In addition
we have been consolidating the materials used in our products to reduce costs.
Why are there any ingredients on the list that are not approved?
Every ingredient has been approved and/or regulated by some government in the
world.

The GRAS list is for substances that are consumed, why do you say they
are safe to be burned?
The assessment of ingredients conducted by outside experts determined that the
ingredients are safe.
Won't you go out of business if you don't get kids to smoke?
The industry has been declining 2.5% per year and we expect it to continue to
decline at that rate.
We have been very successful at increasing our share of the Industry at the
expense of our competitors. Our marketing efforts are focused on maintaining
our existing consumer base and attracting competitive smokers.
What controls do we have to prevent internal documents from getting out
to the Public?
We have policies and procedures in place for the handling and distribution of
confidential documents. We can only trust that our employees will be responsible
and adhere to these policies. There is nothing so far that would indicate that the
majority of our employees are not honest and do not respect our policies,
If you have nothing to hide and are interested in finding out if nicotine is
addictive, why did you close your animal laboratory?
(Under discussion with Legal.)

Why does it appear your sales volume went down more than consumer
offtake? Did you continue loading in 1993 and how much? Why did you
reduce the load if you previously stated it was good business practice?
Our Premium price reduction last year was successful in reversing downward
trends for Marlboro and our Other Premium brands and have impacted the way
we market our products.
Our trade program was reduced in 1993 -- (the impact was about 10.5 billion
units). While our concerns about Marlboro's inventory and out-of-stock position
at retail remain top of mind, we have modified our approach in dealing with these
issues.
Our Wholesale Masters and Retail Masters are designed to help us manage our
inventories and product availability to our consumers without the need for large
periodic buy-ins. These programs will increase our flexibility to address a
dynamic market place smarter and faster.
If you're only chasing competitors' volume, why spend so much money?
We estimate about 8% of consumers switch brands and a slightly higher level
(12%) occasionally purchase alternate brands.
Many of our programs are designed to encourage competitive smokers to switch
to our brands which contributes to our share growth. More importantly, a large
portion of our resources are focused on protecting our existing franchises -- like
Marlboro. We consider this investment spending in the long-term viability of our
brands. Programs like Marlboro Adventure Team are designed to keep our
smokers in the franchise and encourage brand loyalty.
Market share is up - when will we see IFO return to $5 billion?
Given the declining trend of Marlboro and our other Premium brands in 1993, it is
unlikely we would have made $5 billion last year. If we hadn't implemented our
new strategy last April, we estimate Marlboro's share would have dropped to
18% or 19% in 1993.
Our new strategy and the Premium price reduction have resulted in the
restoration of Marlboro's growth which is the basis for our long-term profit growth.

How can PM-USA say that technology for fire safe cigarettes is proprietary?
We are working to develop a fire safe cigarette and we consider information in
the research and development stage to be proprietary.
We do not have the technology for fire safe cigarettes - if we find the solution we
would make it available to the Industry.
Why do you sell Virginia Slims if they taste bad?
Virginia Slims Superslims is the style of Virginia Slims referred to by the
government study group. While the majority of smokers reject its taste, our
testing showed that women interested in very slim cigarettes found its taste to
compare favorably with competitive brands.
With plans for massive layoffs, what will the impact be of disgruntled
employees?
Over the years, PM has maintained a strong relationship with its employees. PM
respects that relationship, so in these times when the industry dictates
downsizing, our employees realize that PM will act fairly and humanely in
reducing its employment base. As a matter of fact, over 85% of our headcount
reductions have been accomplished through some incentive program, primarily
early retirement. Although more costly, we believe this is provides a kind way for
employees to separate from the company. In turn, we end up with a group of ex-
employees who are not disgruntled but still supportive of the company.
Given the restrictions, etc. on the horizon, what impact will it have on IFO?
What plans do you have to protect income?
We are aware of increased anti-smoking forces that continue to seek ways to
restrict our consumers' ability to enjoy our product. In light of the health
controversy, eroding social acceptability of smoking, the economy, increasing
excise taxes and the increasing number of bans and restrictions, we still
anticipate profitability. [CAGR-6.6% over next five years.] We will continue to
aggressively combat anti-tobacco legislation that restrict our ability to market our
product as well as our consumers' right to use our product. We will push for
accommodation instead of total smoking bans. We will continue to develop
products to address social acceptability. In addil~ion, we will continue to
implement additional cost savings measures to further protect our income.

Was it a good idea to reduce cigarette prices in light of the Clinton
administration's proposals to increase the FET?
Our decision to reduce prices was based on sound business reasons. The action
was taken to improve the market position of our premium brand franchises and it.
has accomplished what we set out to do. The government's proposal to increase
the FET is a separate issue that we are committed to fighting.
What would the impact be on PM-USA's unit volume and IFO of a $.75 FET
increase,
We estimate that an FET increase of $.75 a pack would impact unit volume and
IFO by the following amounts in 1995:
(Units in Billions) 1994 1995 % Change
Industry Volume 471.0 384.4 (18.4)%
PM-USA Volume 201.1 .166.4 (17.3)%
PM-USA I FO $3,085.0 $2,541.3 (17.6)%
Projecting through 1998, unit volume and IFO are forecast at:
(Units in Billions) 1993 1998 % CAG 1993 -98
Industry Volume 461.6 356.3 (5.0)%
PM-USA Volume 194.7 160.7 (3.8)%
PM-USA IFO $2,808.0 $3,051.6 1.7%
Is Philip Morris driving small wholesalers out of the business through its
new Wholesale Masters program?
Quite the contrary, the PM USA Wholesale Masters program will provide the
smallest wholesalers (estimated between 100-200 accounts out of a total of
2,000 wholesalers; representing approximately 1% of the total annual industry
volume) with the necessary tools to more effectively compete with larger size
wholesalers.

Under the PM program, the smallest wholesaler would need to invest
approximately $5,000 to $7,500 in computer hardware and software ( the
difference will depend on whether or not the account already owns a computer
terminal). In return, the wholesaler would receive free technical assistance and
approximately $10,000 in annual payments from PM, additional payments are
available from $5,000 to $6,000 from RJR's program.
Is Philip Morris driving small retailers out of the business through its new
Retail Masters program?
This has never been an issue. PM USA offers a low volume program to small
retailers, called Retail Associates. We are also running a six-month program with
low volume accounts aimed to improve their business through increased
promotional dollars/flex funds.
Is Philip Morris driving small retailers out of the business through its new
Retail Masters program?
This has never been an issue. PM-USA offers a low volume program to small
retailers, called Retail Associates. We are also running a six-month program with
low volume accounts aimed to improve their business through increased
promotional dollars/flex funds.
Has PM-USA manipulated its income through trade loading?
Checking with Legal.
