HELP GET THEM TO SUE THE BASTARDS

Below is an alert ASH sent to many persons active in the antismoking movement, followed by a copy of the letter ASH sent to the Governors and Attorneys General of the six states.

Please read these documents, and then contact -- by phone, fax, or E-mail -- the responsible officials listed below, especially if you are a resident of one of the six critical states.

Thanks for your cooperation!

ALERT TO ANTISMOKING ACTIVISTS:

ASH has received confirmation that six states are very seriously considering bringing a law suit against the tobacco industry to recover the hundreds of millions of dollars in medical and related costs those states have been forced to pay. Five other states -- Mississippi, Florida, Massachusetts, Minnesota, and West Virginia -- have already brought such suits.

ASH has now written to the Governors and Attorneys General in those states, urging them to file their law suit. The six states are Hawaii, Louisiana, Maryland, Oregon, Texas, and Washington. ASH is encouraging these states to take action now for several reasons.

1. Five other states - Mississippi, Florida, Massachusetts, Minnesota, and West Virginia - have already brought such suits. At least half a dozen other states appear to be on the verge of initiating similar actions. Acting now will help mark the state as a leader, rather than as a follower or never-run, especially during this election year.

2. The potential recovery from such actions is huge. For example, a study just released by the Center for Disease Control (CDC) shows that, in 1990, each of these states had millions in direct medical costs from smoking.

3. In contrast, the cost of such litigation is comparatively small. Indeed, since it appears from other states that it is possible to have the litigation conducted by experienced personal injury firms on a contingency basis, the cost to the state is minuscule compared with the potential return.

4. Neither pre-emptive law suits by cigarette makers nor motions to dismiss have been effective in stopping such state suits. Indeed, the fact that so many very experienced law firms have agreed to participate in such suits is a strong indication that the likelihood of success and the size of the potential recovery more than justify the effort.

5. A wealth of information in the form of previously-secret documents, and testimony from insiders, has been surfacing at an accelerating rate. As a result, public opinion about smoking has changed dramatically. Thus jurors are more likely than ever to return a plaintiff's verdict, and voters are increasingly likely to want their states to join in such actions.

6. Further delay could be harmful in several ways:

A. First, Congress could well pass - especially under pressure from the tobacco industry - so-called "tort reform" legislation which could undermine any suits which were not pending at the time of passage.

B. Second, bringing a suit now would make it much harder for the tobacco industry to use its clout in your state legislature to prevent such an action. In Virginia, for example, legislation is now pending which would block the Attorney General from effectively suing the tobacco company.

C. Third, delay makes it more likely that your state might have to "wait in line" as other actions are being litigated.

Therefore, ASH urges you to join us in urging the Attorneys General in these states to initiate a law suit without further delay. The addresses of the six Attorneys General and Governors follow:

TEXAS:

Governor                           Attorney General
The Hon. George W. Bush            The Hon. Dan Morales
P.O. Box 12428                     P.O. Box 12548
Austin, TX 78711                   Austin, TX  78711-2548
Phone:  (512) 463-2000             Phone:  (512) 453-2191
Fax:  (512) 463-1849               Fax:  (512)  453-2063


MARYLAND:

Governor                           Attorney General
The Hon. Parris N. Glendening      The Hon. J. Joseph Curran, Jr
State House                        200 St. Paul Pl.
100 State Circle                   Baltimore, MD 21202
Annapolis, MD 21401                Phone:  (410) 576-7003
Phone:  (410) 974-3901
Fax:  (410) 974-3275
Email:  pglendening@gov.state.md.us


HAWAII:

Governor                           Attorney General
The Hon. Benjamin J. Cayetano      The Hon. Margery S. Bronster
State Capitol                      425 Queen St.
Honolulu, HI 96813                 Honolulu, HI  96813
Phone:  (808) 586-0034             Phone:  (808) 586-1282
Fax:  (808) 586-0006               Fax:  (808) 586-1239

LOUISIANA:

Governor                           Attorney General
The Hon. Mike Foster               The Hon. Richard P. Ieyoub P.O.
Box 94004                          P.O. Box 94005
Baton Rouge, LA  70804-9004        Baton Rouge, LA  70804
Phone:  (504) 342-7015             Phone:  (504) 342-7013
Fax:  (504) 342-7099               Fax:  (504) 342-8703


OREGON:

Governor                           Attorney General
The Hon. John A. Katzhaber         Hon. Theodore R. Kulongoski 254
State Capitol                      100 Justice Bldg.
Salem, OR  97310                   1162 Court St. N.E.
Phone:  (503) 378-3111             Salem, OR  97310
Fax:  (503) 378-4017               Phone:  (503) 378-6002
                                   Fax:  (503) 378-4017


WASHINGTON:

Governor                           Attorney General
The Hon. Mike Lowry                The Hon. Christine Gregoire
Legislative Bldg.                  1125 Washington St. S.E.
P.O. Box 40002                     P.O. Box 40100
Olympia, WA  98504-0002            Olympia, WA  98504-0100
Phone:  (360) 753-6780             Phone:  (360) 753-6200
Fax:  (360) 753-4110               Fax:  (360) 664-0228
Email:  govlowry@govoffice.wa.gov

LETTER FROM ASH TO STATE GOVERNORS AND ATTORNEYS GENERAL:

As a national anti-smoking organization which has been encouraging and supporting law suits against the problems of smoking for almost thirty years, we are writing to urge your state in the strongest possible terms to join the five other states which have already sued the tobacco industry to recover the hundreds of millions of dollars in medical and related costs your state has been forced to pay.

We urge you to take this important step now for several reasons.

1. Five other states - Mississippi, Florida, Massachusetts, Minnesota, and West Virginia þ have already brought such suits. At least half a dozen other states appear to be on the verge of initiating similar actions. Acting now will help mark you and your state as a leader, rather than as a follower or never-run, especially during this election year.

2. The potential recovery from such actions is huge. For example, a study just released by the Center for Disease Control (CDC) shows that, in 1990, your state had [AMOUNT] in direct medical costs from smoking.

3. In contrast, the cost of such litigation is comparatively small. Indeed, since it appears from other states that it is possible to have the litigation conducted by experienced personal injury firms on a contingency basis, the cost to the state is minuscule compared with the potential return.

4. Neither pre-emptive law suits by cigarette makers nor motions to dismiss have been effective in stopping such state suits. Indeed, the fact that so many very experienced law firms have agreed to participate in such suits is a strong indication that the likelihood of success and the size of the potential recovery more than justify the effort.

5. A wealth of information in the form of previously-secret documents, and testimony from insiders, has been surfacing at an accelerating rate. As a result, public opinion about smoking has changed dramatically. Thus jurors are more likely than ever to return a plaintiff's verdict, and voters are increasingly likely to want their states to join in such actions.

6. Further delay could be harmful to your state in several ways:

A. First, Congress could well pass þ especially under pressure from the tobacco industry þ so-called "tort reform" legislation which could undermine any suits which were not pending at the time of passage.

B. Second, bringing a suit now would make it much harder for the tobacco industry to use its clout in your state legislature to prevent such an action. In Virginia, for example, a bill amending the tort law is now pending.

C. Third, delay makes it more likely that your state might have to "wait in line" as other actions are being litigated.

For all of these and many other reasons, ASH urges you to give careful consideration to initiating such a suit without further delay. ASH attorneys will be happy to provide you with additional information.